Florida legislators Ahern, Artiles, Baxley, Beshears, Brodeur, Caldwell, Corcoran, Diaz, M., Fasano, Ford, Gaetz, Hudson, Ingram, Patronis, Pigman, Pilon, Raburn, Raschein, Roberson, K., Smith, Spano, Trujillo, Van Zant and Wood have co-sponsored HM 545 titled: Right to Keep and Bear Arms.
The bill “Urges Congress and the President to protect the constitutional right of the people to keep and bear arms.” Some Floridians are not sure this Memorial is strong enough to protect law abiding gun owners in Florida from the federal government.
What bothers many is the Obama administration is trying to disarm law abiding Americans while at the same time arming foreigners in Syria and other places to over throw tyrannical regimes. Whenever the government of the United States wants to depose tyrannical regimes they arm the citizens in order to change government.
There are over 1 million Floridians with concealed carry permits. While gun owners appreciate the introduction of the House Memorial 545, some wonder if it is enough to keep the federal government from inter-veining and taking away the rights of Floridians.
One issue concerns the oath of office taken by elected officials in Florida and the conflict it presents to law enforcement officers. There is also an issue of is the current Florida oath constitutional? and shouldn’t the oath be changed to reflect the wording in the Constitution?
Below are excerpts from the US and Florida Constitutions and US Code referencing loyalty oaths:
1. US Constitution Article VI, Clause 3 – The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
2. United States Code, Title 4, Section 101 & 102 – Every member of a State legislature, and every executive and judicial officer of a State, shall, before he proceeds to execute the duties of his office, take an oath in the following form, to wit: “I, A B, do solemnly swear that I will support the Constitution of the United States.” Such oath may be administered by any person who, by the law of the State, is authorized to administer the oath of office; and the person so administering such oath shall cause a record or certificate thereof to be made in the same manner, as by the law of the State, he is directed to record or certify the oath of office.
3. Florida Constitution, Article II, Section 5 (b) – Each state and county officer, before entering upon the duties of the office, shall give bond as required by law, and shall swear or affirm: “I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the state; and that I will well and faithfully perform the duties of (title of office) on which I am now about to enter. So help me God.”, and thereafter shall devote personal attention to the duties of the office, and continue in office until a successor qualifies.
4. US Constitution Article IV Section 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence.
Pat Wayman from the Venice, FL 912 Group notes, “The Florida Constitution COMPLETELY VIOLATES the intent of the loyalty oath which the US Constitution requires and the US Law prescribes. It has the public officers swear to support the GOVERNMENT OF THE UNITED STATES as well as the Constitution.”
“The Government is the ‘network’ of public policy makers who flout the law and constitutions at will. The Government IS THE ENEMY of the Constitution because it is the very entity the Constitution seeks to CONTROL so government employees will not stray outside their box and make absurd, inane, and illegal rulings like the idiotically treasonous Leon County Judge Kevin Carroll did. Carroll has single-handedly created a judicial oligarchy by saying he does not care what the law says because HE supports the GOVERNMENT (not the constitutions),” notes Wayman.
Do you see the dilemma here?
A Florida public officer cannot rationally and realistically support both the federal government and the US Constitution. A public officer may wander afield from the ideals of good government, and so the Constitution restrains him, chains him down. This explains why the US Constitution and US law require an oath to support the US Constitution, and nothing else, not the government.