Time: Fri May 17 14:32:56 1996
Date: Fri, 17 May 1996 08:07:43 -0700
To: Max Kennedy <mkennedy@iglou.com>,
        "John Burr" <john.burr@qmail.eonetworks.com>
From: pmitch@primenet.com (Paul Andrew Mitchell)
Subject: Re: LLAW: grand jury
Cc: libertylaw@www.ultimate.org,
        "Marcia H. Armstrong" <siskfarm@snowcrest.net>

=======================================================================
LIBERTY LAW - CROSS THE BAR & MAKE YOUR PLEA - FIRST VIRTUAL COURT, USA
Tom Clark, JOP, Presiding.  Clerk & Bailiff: Majordomo@www.ulitmate.org
=======================================================================
At 10:40 AM 5/17/96 EDT, Max Kennedy wrote:
>
>BTW: How many people are you finding that don't even FILE an oath of office?
>Local here, we've found a few critters in the past that didn't even live IN
>the State they were suppose to be representing.

mixed results so far:  some have it, some don't, some won't produce it
even if they do.  There are lots of neat authorities on the oath.  I just
found this little gem from Hawaii:

"A district judge is bound by oath of office to uphold the Constitutions of
the United States and the State of Hawaii;  rule excluding illegally seized
evidence falls within scope of such oath as such rule is a sanction essential
to upholding federal and state constitutional safeguards against unreasonable
searches and seizures.  State v. Wilson, 519 P.2d 228

cited in American Digest System, Eighth Decennial Digest, "Judges," p 969,
Section 5:  "Qualifications"

so, the oath is like an on-off light switch, which activates ALL the guarantees
of both the federal and state constitutions.  See also the 9th and 10th 
amendments:  our Rights are not enumerated, federal powers are.

      

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