Seventeen years ago, I sat in a nondescript basement office with Sharon from personnel, filling out paperwork for my new job as an attorney for the trial court. Sharon turned to me and told me I needed to take the oath of office.
Startled, I raised my hand and repeated the solemn words.
I swore to support and defend the Constitutions of the United States and California against all enemies, foreign and domestic, and to bear true faith and allegiance to those documents, in words prescribed by the California Constitution. (Cal. Const. art. XX, § 3.) A second paragraph of the California oath referring to advocating the overthrow of the government by force or violence or other unlawful means was omitted, because it had been found to impermissibly infringe on the First Amendment. (Vogel v. Los Angeles Cnty., 68 Cal. 2d 18, 26, 434 P.2d 961, 964 (1967).)
The oath I took in 2008 began to carry new weight after the 2024 elections and their aftermath. Did the oath I swore require me to do anything outside the parameters of my employment? Was I required to defend the Constitution with my words, my time, my money, or even my life?
Honestly the US needs a new consitution and not just more admendments. It should be updated to modern understandings, using more up-to-date and clear language. I’m aware that’s probably impossible in today’s political climate, but it would help a lot.
