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This is a general question for which one of you lawyers or law students might know the answer. I'm not testing anyone's knowledge. Really don't know the answer. Especially interested in the history question.
If you took an oath/swore to uphold the constitution when you took office (any public office that mentions upholding/defending the constitution in the oath) can you be arrested and prosecuted for failing to do it?
If yes, has it ever happened in history?
If yes, is it treated the same way if you just ignore the constitution vs if you deliberately make an overt action against the constitution?
If no, why bother with swearing in ceremonies that mention support and defending the constitution? (I think the answer to this one is "because it's in the constitution that you take the oath.")
Does the "to the best of my ability" part of an oath give the President an out? (answer will probably be an opinion rather than a fact)
Presidential oath:
"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."
Senate oath:
"I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God."
House of Representatives oath:
Members of the House take an oath to uphold the Constitution in a group swearing-in on the House Floor on the opening day of a new Congress.
"I do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God."
I'm not a lawyer but even I know that you can't just be arrested for breaking your oath, you can only be arrested for violating a law. Now if breaking your oath also breaks the law then you can be arrested. For example, when you get married, you make an oath to be faithful, but you can't be arrested for cheating on your spouse. As a police officer you take an oath to protect and serve, but if you break your oath committing crimes yourself, you will get arrested.
Failing to uphold an oath in itself is not against the law.
No, but if not upholding your oath leads to not upholding the laws of the United States and violating the Constitution there could very well be criminal charges filed.
I'm assuming the OP is talking about creepy demented Biden and his failure to uphold the immigration laws and protect the southern border. He should be impeached and removed from office just for that travesty. If he could be impeached for incompetence it would be an open and shut case. Plenty of evidence for that.
Biden is the worst president ever, without a doubt. Bar none. The only thing that could be worse is if the mindless old fool is NOT impeached when the GOP takes over in 2022.
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