Interesting question. My first thought is that, because dual citizenship is okay,
presumably dual pledges are okay, too. Dual citizenship often requires pledging
simultaneous allegiance to two different countries. Although, as a factual matter,
one would think that there is some tension there, the law seems to be that such
tension is not irreconcilable, and that dual citizenship is fine and competing
loyalties can co-exist. See, e.g., United States v. Matheson, 532 F.2d 809, 814 (2nd
Cir. 1976) ("there must be proof of a specific intent to relinquish United States
citizenship before an act of foreign naturalization or oath of loyalty to another
sovereign can result in the expatriation of an American citizen."). [There are
probably better cites out there that one could locate with more time to research.]
Therefore, at least in theory, there is nothing per se objectionable about pledging to
a single state as well as to the United States.
If, however, the pledge to a single state is coupled with an intention to renounce
allegiance to any other state, then there may be problems -- at least in the
expatriation context. (And I assume that, if there are no problems in the
expatriation context, no other problems would arise, either.)
James C. Ho
Chief Counsel
U.S. Senate Subcommittee on the Constitution, Civil Rights & Property Rights
U.S. Senator John Cornyn, Chairman
(202) 224-9614 (office) 901 North Wayne Street #302
(202) 491-8227 (mobile) Arlington, VA 22201
(703) 812-8152 (home) <[EMAIL PROTECTED]>
<[EMAIL PROTECTED]>
At 01:09 a.m. 6/16/2003, Paul Finkelman wrote:
>I received the follow question from an English professor in one of the
>Texas state colleges. I wonder what people on this list think of the
>law law and her question:
>
>"The state legislature passed a law this session that mandates
>schoolchildren pledge an allegiance to the Texas flag as well as the US
>flag each morning. It goes: "Honor the Texas flag; I pledge allegiance
>to thee, Texas, one and indivisible."
>
>My question is this: if I pledge allegiance to Texas, am I not then
>nullifying my pledge to the US? Do I not, by pledging allegiance to one
>state, NOT pledge any allegiance to the other 49? This seems
>unconsitutional to me, but then what do I know? "
>
>--
>Paul Finkelman
>Chapman Distinguished Professor of Law
>University of Tulsa College of Law
>3120 East 4th Place
>Tulsa, OK 74104-3189
>
>918-631-3706 (office)
>918-631-2194 (fax)
>
>[EMAIL PROTECTED]
