Members of the bar -- at least here in New Jersey, and I would have thought
in other states as well -- take an oath to support both the US constitution
and the New Jersey constitution. Didn't most members of this list take a
similar oath at some point in their lives? Or are those who have raised
constitutional concerns distinguishing between an oath to support a state
constitution and an oath of allegiance to the state? New Jersey, for what
it is worth, requires both of its attorneys.
N.J. Rule 1:27-3 provides:
Oath or Affirmation on Admission
No person shall be admitted as an attorney of this State without
first taking the oath to support the Constitution of the United
States and the Constitution of New Jersey, the oath of allegiance to
this State, and the oath of office as an attorney. An affirmation may
be given in lieu of oath.
Ed Hartnett, Seton Hall
Gordon Silverstein
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> cc:
Sent by: Discussion Subject: Re: Texas Pledge of
Allegiance
list for con law
professors
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06/16/03 11:30 AM
Please respond to
Discussion list for
con law professors
Pledging allegiance to a state is NOT the same as pledging allegiance to
some set of elected officials, nor is it the same as pledging allegiance
to endorse the political choices of a majority of the citizens of that
state. It is a pledge to support the best interests of that state -- and
just exactly what those might be is obviously open to interpretation.
This came to mind recently because I have just taken a job with the
University of California -- and was required to formally pledge my
allegiance to both the United States and to the State of California.
This is a leftover from the Cold War, but it is a very serious, and
non-negotiable requirement for all state employees, including employees
of the University of California (some would say PARTICULARLY for
employees of the University of California).
The text of the oath is:
"I do solemnly swear (or affirm) that I will support and defend the
Constitution of the United States and the Constitution of the State of
California against all enemies, foreign and domestic; that I will bear
true
faith and allegiance to the Constitution of the United States and the
Constitution of the State of California; that I take this obligation
freely,
without any mental reservation or purpose of evasion; and that I will
well and
faithfully discharge the duties upon which I am about to enter."
Does this mean I must defend Proposition 13? Would I have to walk in
lock-step with my Arnold Schwarzenegger if he becomes governor? I
certainly don't think so.
- Gordon Silverstein
*************************************************
Gordon Silverstein
Assistant Professor of Political Science
730 Barrows Hall, #1950
The University of California, Berkeley
Berkeley, CA 94720-1950
ph: 510-642-4683
fax: 510-642-9515
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