Nevada’s Loyalty Oath
a History
First watch or listen to this brief one minute video
Unique to this nation we swear allegiance,
not to a ruler or a piece of geography,
but, to a set of ideals!
In the Beginning
In this case, the beginning is the writing of the United States Constitution and specifically as it relates to the Oaths of Office.
Oath of office of the President of the United States
In the United States, the oath of office for the President of the United States is specified in the U.S. Constitution (Article II, Section 1):
| "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." |
Elegant in its directness and simplicity.
Civil War
April 12, 1861 - April 9, 1865
During the Civil War, members of Congress, intent on entrapping traitors, created in the 1860s the following Oath for Vice President, members of the Cabinet and all other civil and military officers and federal employees other than the President.
| "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" |
Click here for Federal Judicial Oaths
Oath of Allegiance for Naturalized Citizens
The Oath of Office for Other States
Nevada
Motto: "All for Our Country"
Slogan: "Battle-Born"
which is inscribed on the Nevada State Flag
Nevada State Hood
Nevada, nicknamed "The Silver State," after a Mormon Battalion in the Mexican War discovered gold and silver in the area of Virginia City in 1859. This discovery would later be referred to as the Comstock Lode. On March 2, 1861 Nevada became a territory.
Hastened by the Civil War and political motivations. Nevada was admitted to the Union on October 31, 1864, just three years seven months after becoming a territory, becoming our Nation's 36th state.
Nevada State Constitution
The Constitution of the State of Nevada was created in a convention on July 4, 1864 in Carson City. The convention adjourned on July 28, 1864 was approved by public vote on the 1st Wednesday in September, and became effective on October 31, 1864 when on that date President Abraham Lincoln declared Nevada to be a state.
The Oath of Office as contained in the
original 1864 Nevada Constitution -
Members of the Legislature and all officers, Executive, Judicial and Ministerial, shall, before they enter upon the duties of their respective offices, take and subscribe to the following oath or affirmation: I, ................, do solemnly swear (or affirm) that I will support, protect and defend the constitution and government of the United States, and the constitution and government of the State of Nevada, against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any ordinance, resolution or law of any state Convention or Legislature to the contrary notwithstanding; and further, that I do this with a full determination, pledge and purpose, without any mental reservation or evasion whatsoever. And I do further solemnly sear (or affirm) that I have not fought a duel, nor sent or accepted a challenge to fight a duel, not been a second to either party, not in any manner aided or assisted in such duel, not been knowingly the bearer of such challenge or acceptance, since the adoption of the Constitution of the State of Nevada, and that I will not be so engaged or concerned, directly or indirectly, in or about any such duel during my continuance in office. And further, that I will well and faithfully perform all the duties of the office of __________ on which I am about to enter, (if an oath) ‘so help me God;’ (if an affirmation), ‘under the pains and penalties of perjury.’” |
The Oath of Office as amended in the 1914 Nevada Constitution, thereby removing all references to dueling.
Assembly Joint and Concurrent Resolution No. 11, introduced by August C. Frohlich (R) of Washoe Co., was passed without a dissenting voice by both the Assembly and Senate in 1911 and again in 1913.
The voters approved the constitutional amendment on Nov. 3, 1914 by a vote of 10,161 to 7,258.
| I, ................, do solemnly swear (or affirm) that I will support, protect and defend the constitution and government of the United States, and the constitution and government of the State of Nevada, against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any ordinance, resolution or law of any state notwithstanding, and that I will well and faithfully perform all the duties of the office of ................, on which I am about to enter; so help me God. |
ARTICLE. 11. - Section: 5. of the Nevada State Constitution containes:
All Professors in said University, or Teachers in said Schools of whatever grade, shall be required to take and subscribe to the oath as prescribed in Article Fifteenth of this Constitution. No Professor or Teacher who fails to comply with the provisions of any law framed in accordance with the provisions of this Section, shall be entitled to receive any portion of the public monies set apart for school purposes.
Further evidence, reflecting the tenor of this traumatic time
President Abraham Lincoln appointed Governor James Warren Nye, a former Police Commissioner in New York City, to ensure that the Nevada Territory stayed a federal territory. Governor Nye put down demonstrations in support of the Confederacy, and there were some.
Territorial Governor Nye, assembled the Nevada State Constitutional Convention.
Governor Nye also oversaw the first state election on November 8, which included electing a governor and selecting presidential electors.
After the first state election held on November 8, 1864 Governor Nye filled the role as State Governor until the first elected Governor, Henry Goode Blasde, could take office on inauguration day December 5, 1864. In that time between November 8 and December 5, Governor Nye appointed judgeships, county commissioner positions, and military commissions.
Intent
Clearly loyalty and allegiance were not just desired, but were demanded.
The phrase "against all enemies, whether domestic or foreign" is another product of the Civil War and the only[1] state to have it, is Nevada.
Now that the Civil War is nearly 150 years removed, do office holders, teachers and professors still need to pledge loyalty in an oath and if so, to what and who should that loyalty be pledged?
Only[1] in Nevada is that loyalty pledged to government and its regulations, many of which may be unconstitutional or ill-conceived.
Replacement Oath
An Idea Whose Time Has Come
The State of Delaware's
Oath of Office
| "I, ____(name),______________.do proudly swear ( or affirm) to carry out the responsibilities of the office of __(name of office)_____________ to the best of my ability, freely acknowledging that the powers of this office flow from the people I am privileged to represent. I further swear (or affirm) always to place the public interest above any special or personal interests, and to respect the right of future generations to share the rich historic and natural heritage of Delaware. In doing so I will always uphold and defend the Constitutions of my Country and my State, so help me God." |
Oath of Office
Typical to Many States
I, ................, do solemnly swear (or affirm) that I will support, protect and defend the constitution of the United States, and the constitution of the State of Nevada, and that I will faithfully perform all the duties of the office of ................, on which I am about to enter; so help me God. |
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[1] "Only" is in the context of the thirteen states researched.
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The phrase "against all enemies, whether domestic or foreign" is another product of the Civil War and the only state to have it, is Nevada.
Only in Nevada is that loyalty pledged to government and its regulations, many of which may be unconstitutional or ill-conceived. |