Loyalty oath
Encyclopedia
A loyalty oath is an oath
of loyalty
to an organization
, institution
, or state
of which an individual is a member.
In this context, a loyalty oath is distinct from pledge
or oath of allegiance
. It is an affirmation
by which a person signs a legally binding document
or warrant
.
, political prisoners and prisoners of war were often released upon taking an "oath of allegiance". Lincoln's Ten percent plan
featured an oath to "faithfully support, protect and defend the Constitution of the United States, and the union of the States thereunder" as a condition for a Presidential pardon
. During Reconstruction, retroactive loyalty oaths
were proposed by Radical Republicans, which would have barred former Confederates and Confederate sympathizers from federal, state, or local offices.
, 100,000 school children marched to Boston Common and swore a loyalty oath administered by the mayor, "I promise as a good American citizen to do my part for the NRA. I will buy only where the Blue Eagle flies." Another use of loyalty oaths in the United States
was during the 1950s and 1960s. The Red Scare during the 1950s and the Congressional hearings chaired by Senator Joseph McCarthy
helped to sustain a national mood of concern about communist agent
s and a fear such agents may injure the U.S. government through espionage
or outright violence.
On March 21, 1947, concerned with Soviet subversive penetration and infiltration into the United States government by American citizens who held oaths of allegiance to a foreign power during war time, President Harry S Truman instituted a Loyalty Program, requiring loyalty oaths and background investigations on persons deemed suspect to holding party membership in organizations that advocated violent and anti-democratic programs.
Typically, a loyalty oath has wording similar to that mentioned in the U.S Supreme Court decision of Garner v. Board of Public Works
, 341 U.S. 716.
New York Education Law Section 3002 requires that any ‘teacher, instructor or professor in any [state] school or institution in the public school system … or in any school, college, university or other educational institution’ sign an oath pledging support for the federal and state constitutions. The law does not apply to foreign nationals, but only to United States citizens. The law was enacted in 1934 in response to a nationwide campaign by the American Legion
. The law was challenged by a group of 27 faculty members from Adelphi University
in 1966 because the oath constrained free speech, and because it selectively applied to faculty members but not staff. For unknown reasons, Adelphi faculty had never been required to sign the oath until 1966 when a staff member in the New York State Education Department discovered the oversight. On January 22, 1968, after moving through the judicial system, the United States Supreme Court
affirmed an earlier District Court decision upholding the constitutionality of the law. This was the first occasion on which the Supreme Court evaluated the constitutionality of oaths of this type.
The last major loyalty oath case heard by the court was decided in 1972, when it upheld a requirement that State of Massachusetts employees swear to uphold and defend the Constitution and to "oppose the overthrow of the [government] by force, violence, or by any illegal or unconstitutional method".
During the 2004 presidential campaign, the campaign of George W. Bush routinely required all attendants at its rallies to take what some have called a "loyalty oath". Those who refused to take the oath were not allowed to attend the rally. The "loyalty oath" was actually a pledge of endorsement. These endorsements were used during some of the campaign rallies in 2004. The Bush campaign asserted that the oath was valid because the president was conducting a partisan campaign event. Opponents countered that the oath was intrusive to individual conscience, somewhat fascist in nature and denied general public access to the president.
state constitution
requires all state workers who are US citizens to sign a loyalty oath as a term of employment. On February 28, 2008, the California State University, East Bay
fired Marianne Kearney-Brown, a Quaker
, for refusing to do so without inserting a reservation that her defense of the state and country would be done "nonviolently."
She was reinstated a week later, when she agreed to sign the oath when accompanied by a document prepared by the university that included the clarification "Signing the oath does not carry with it any obligation or requirement that public employees bear arms or otherwise engage in violence."
The text of that oath begins:
"STATE OATH OF ALLEGIANCE I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter."
The Cleveland Plain Dealer, among others, thus describes the nature of the statement and effect of "election falsification": Anyone who signs this loyalty oath, but doesn't intend to honor it, can be prosecuted for "election falsification," a fifth-degree felony.
The statute, however, describes the offense differently: "No person, either orally or in writing, on oath lawfully administered or in a statement made under penalty of election falsification, shall knowingly state a falsehood as to a material matter relating to an election in a proceeding before a court, tribunal, or election official, or in a matter in relation to which an oath or statement under penalty of election falsification is authorized by law..." Thus the requirement is, arguably, more a statement of current intent than a loyalty oath's promise of future support.
On 10 October 2010 the Israel
i cabinet approved a loyalty oath bill requiring all future non-Jews
applying for an Israeli citizenship to swear loyalty to Israel
as a Jewish and democratic state. However, on October 18, current prime minister Netanyahu ordered Justice minister Ya'akov Ne'eman to extend Cabinet-level debate on the bill in order to add amendments which make the loyalty oath universal to both Jewish and non-Jewish citizens of the state, including Jewish immigrants who seek citizenship. This inclusion of Jewish immigrants was supported by the Anti-Defamation League
.
Oath
An oath is either a statement of fact or a promise calling upon something or someone that the oath maker considers sacred, usually God, as a witness to the binding nature of the promise or the truth of the statement of fact. To swear is to take an oath, to make a solemn vow...
of loyalty
Loyalty
Loyalty is faithfulness or a devotion to a person, country, group, or cause There are many aspects to...
to an organization
Organization
An organization is a social group which distributes tasks for a collective goal. The word itself is derived from the Greek word organon, itself derived from the better-known word ergon - as we know `organ` - and it means a compartment for a particular job.There are a variety of legal types of...
, institution
Institution
An institution is any structure or mechanism of social order and cooperation governing the behavior of a set of individuals within a given human community...
, or state
State (polity)
A state is an organized political community, living under a government. States may be sovereign and may enjoy a monopoly on the legal initiation of force and are not dependent on, or subject to any other power or state. Many states are federated states which participate in a federal union...
of which an individual is a member.
In this context, a loyalty oath is distinct from pledge
Oath
An oath is either a statement of fact or a promise calling upon something or someone that the oath maker considers sacred, usually God, as a witness to the binding nature of the promise or the truth of the statement of fact. To swear is to take an oath, to make a solemn vow...
or oath of allegiance
Oath of allegiance
An oath of allegiance is an oath whereby a subject or citizen acknowledges a duty of allegiance and swears loyalty to monarch or country. In republics, modern oaths specify allegiance to the country's constitution. For example, officials in the United States, a republic, take an oath of office that...
. It is an affirmation
Affirmation in law
In law, an affirmation is a solemn declaration allowed to those who conscientiously object to taking an oath. An affirmation has exactly the same legal effect as an oath, but is usually taken to avoid the religious implications of an oath...
by which a person signs a legally binding document
Document
The term document has multiple meanings in ordinary language and in scholarship. WordNet 3.1. lists four meanings :* document, written document, papers...
or warrant
Warrant (law)
Most often, the term warrant refers to a specific type of authorization; a writ issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is...
.
Civil War and Reconstruction
During the American Civil WarAmerican Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
, political prisoners and prisoners of war were often released upon taking an "oath of allegiance". Lincoln's Ten percent plan
Ten percent plan
During the American Civil War in December 1863, Abraham Lincoln offered a model for reinstatement of Southern states called the 10 percent Reconstruction plan. It decreed that a state could be reintegrated into the Union when 10% of the 1860 vote count from that state had taken an oath of...
featured an oath to "faithfully support, protect and defend the Constitution of the United States, and the union of the States thereunder" as a condition for a Presidential pardon
Pardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
. During Reconstruction, retroactive loyalty oaths
Ironclad oath
The Ironclad Oath was a key factor in the removing of ex-Confederates from the political arena during the Reconstruction of the United States in the 1860s...
were proposed by Radical Republicans, which would have barred former Confederates and Confederate sympathizers from federal, state, or local offices.
Truman era
Loyalty oaths were common during World War II. In support of Roosevelt's National Recovery AdministrationNational Recovery Administration
The National Recovery Administration was the primary New Deal agency established by U.S. president Franklin D. Roosevelt in 1933. The goal was to eliminate "cut-throat competition" by bringing industry, labor and government together to create codes of "fair practices" and set prices...
, 100,000 school children marched to Boston Common and swore a loyalty oath administered by the mayor, "I promise as a good American citizen to do my part for the NRA. I will buy only where the Blue Eagle flies." Another use of loyalty oaths in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
was during the 1950s and 1960s. The Red Scare during the 1950s and the Congressional hearings chaired by Senator Joseph McCarthy
Joseph McCarthy
Joseph Raymond "Joe" McCarthy was an American politician who served as a Republican U.S. Senator from the state of Wisconsin from 1947 until his death in 1957...
helped to sustain a national mood of concern about communist agent
Espionage
Espionage or spying involves an individual obtaining information that is considered secret or confidential without the permission of the holder of the information. Espionage is inherently clandestine, lest the legitimate holder of the information change plans or take other countermeasures once it...
s and a fear such agents may injure the U.S. government through espionage
Espionage
Espionage or spying involves an individual obtaining information that is considered secret or confidential without the permission of the holder of the information. Espionage is inherently clandestine, lest the legitimate holder of the information change plans or take other countermeasures once it...
or outright violence.
On March 21, 1947, concerned with Soviet subversive penetration and infiltration into the United States government by American citizens who held oaths of allegiance to a foreign power during war time, President Harry S Truman instituted a Loyalty Program, requiring loyalty oaths and background investigations on persons deemed suspect to holding party membership in organizations that advocated violent and anti-democratic programs.
Typically, a loyalty oath has wording similar to that mentioned in the U.S Supreme Court decision of Garner v. Board of Public Works
Garner v. Board of Public Works
Garner v. Board of Public Works, 341 U.S. 716 , is a unanimous ruling by the United States Supreme Court which held that a municipal loyalty oath which required an oath and affidavit about one's beliefs and actions for the previous five years and which was enacted more than five years previous is...
, 341 U.S. 716.
- "I further swear (or affirm) that I do not advise, advocate or teach, and have not within the period beginning five (5) years prior to the effective date of the ordinance requiring the making of this oath or affirmation, advised, advocated or taught, the overthrow by force, violence or other unlawful means, of the Government of the United States of America or of the State of California and that I am not now and have not, within said period, been or become a member of or affiliated with any group, society, association, organization or party which advises, advocates or teaches, or has, within said period, advised, advocated or taught, the overthrow by force, violence or other unlawful means of the Government of the United States of America, or of the State of California. I further swear (or affirm) that I will not, while I am in the service of the City of Los Angeles, advise, advocate or teach, or be or become a member of or affiliated with any group, association, society, organization or party which advises, advocates or teaches, or has within said period, advised, advocated or taught, the overthrow by force, violence or other unlawful means, of the Government of the United States of America or of the State of California . . . ."
1960s
The oaths were repeatedly challenged on grounds that they violated the principles of freedom of speech and freedom of association. The United States Supreme Court avoided addressing these problems during the McCarthy Era. During the 1960s, it began striking down such oaths on the basis of vagueness and undue breadth. In 1962 it struck down a Florida requirement that teachers swear "I have not and will not lend my aid, support, advice, counsel or influence to the Communist party". This decision was followed in 1964 by its lack of support for two oaths, one of which required teachers to promote respect for the flag, reverence for law and order, and loyalty to the institutions of the United States and the State of Washington. Arizona and New York teacher oaths affirming lack of association with subversive organizations were struck down in 1966 and 1967.New York Education Law Section 3002 requires that any ‘teacher, instructor or professor in any [state] school or institution in the public school system … or in any school, college, university or other educational institution’ sign an oath pledging support for the federal and state constitutions. The law does not apply to foreign nationals, but only to United States citizens. The law was enacted in 1934 in response to a nationwide campaign by the American Legion
American Legion
The American Legion is a mutual-aid organization of veterans of the United States armed forces chartered by the United States Congress. It was founded to benefit those veterans who served during a wartime period as defined by Congress...
. The law was challenged by a group of 27 faculty members from Adelphi University
Adelphi University
Adelphi University is a private, nonsectarian university located in Garden City, in Nassau County, New York, United States. It is the oldest institution of higher education on Long Island. For the sixth year, Adelphi University has been named a “Best Buy” in higher education by the Fiske Guide to...
in 1966 because the oath constrained free speech, and because it selectively applied to faculty members but not staff. For unknown reasons, Adelphi faculty had never been required to sign the oath until 1966 when a staff member in the New York State Education Department discovered the oversight. On January 22, 1968, after moving through the judicial system, the United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
affirmed an earlier District Court decision upholding the constitutionality of the law. This was the first occasion on which the Supreme Court evaluated the constitutionality of oaths of this type.
The last major loyalty oath case heard by the court was decided in 1972, when it upheld a requirement that State of Massachusetts employees swear to uphold and defend the Constitution and to "oppose the overthrow of the [government] by force, violence, or by any illegal or unconstitutional method".
Republican party
Though not legally binding, the Republican National Committee (RNC) used both signed Loyalty Oaths and spoken Loyalty Pledges as a requirement to attend certain 2004 re-election campaign speeches, a possible first in U.S. election history.During the 2004 presidential campaign, the campaign of George W. Bush routinely required all attendants at its rallies to take what some have called a "loyalty oath". Those who refused to take the oath were not allowed to attend the rally. The "loyalty oath" was actually a pledge of endorsement. These endorsements were used during some of the campaign rallies in 2004. The Bush campaign asserted that the oath was valid because the president was conducting a partisan campaign event. Opponents countered that the oath was intrusive to individual conscience, somewhat fascist in nature and denied general public access to the president.
California
The CaliforniaCalifornia
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
state constitution
California Constitution
The document that establishes and describes the duties, powers, structure and function of the government of the U.S. state of California. The original constitution, adopted in November 1849 in advance of California attaining U.S. statehood in 1850, was superseded by the current constitution, which...
requires all state workers who are US citizens to sign a loyalty oath as a term of employment. On February 28, 2008, the California State University, East Bay
California State University, East Bay
California State University, East Bay is a public university located in the eastern region of the San Francisco Bay Area. The university, as part of the 23-campus California State University system, offers over 100 areas of study...
fired Marianne Kearney-Brown, a Quaker
Religious Society of Friends
The Religious Society of Friends, or Friends Church, is a Christian movement which stresses the doctrine of the priesthood of all believers. Members are known as Friends, or popularly as Quakers. It is made of independent organisations, which have split from one another due to doctrinal differences...
, for refusing to do so without inserting a reservation that her defense of the state and country would be done "nonviolently."
Pacifism
Pacifism is the opposition to war and violence. The term "pacifism" was coined by the French peace campaignerÉmile Arnaud and adopted by other peace activists at the tenth Universal Peace Congress inGlasgow in 1901.- Definition :...
She was reinstated a week later, when she agreed to sign the oath when accompanied by a document prepared by the university that included the clarification "Signing the oath does not carry with it any obligation or requirement that public employees bear arms or otherwise engage in violence."
The text of that oath begins:
"STATE OATH OF ALLEGIANCE I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter."
Ohio
In the March 2008 State of Ohio presidential primary, some people might have been required to sign a loyalty oath in order to vote. Voters who wish to switch their party affiliation on Primary Election Day and who are challenged are supposed to sign a statement "stating that the person desires to be affiliated with and supports the principles of the political party whose ballot the person desires to vote." The statement is signed under penalty of "election falsification." If the challenged person refuses to sign the statement under penalty of election falsification, he is given a provisional ballot.The Cleveland Plain Dealer, among others, thus describes the nature of the statement and effect of "election falsification": Anyone who signs this loyalty oath, but doesn't intend to honor it, can be prosecuted for "election falsification," a fifth-degree felony.
The statute, however, describes the offense differently: "No person, either orally or in writing, on oath lawfully administered or in a statement made under penalty of election falsification, shall knowingly state a falsehood as to a material matter relating to an election in a proceeding before a court, tribunal, or election official, or in a matter in relation to which an oath or statement under penalty of election falsification is authorized by law..." Thus the requirement is, arguably, more a statement of current intent than a loyalty oath's promise of future support.
Israel
Avigdor Lieberman proposed that Israel's citizens should sign a loyalty oath or lose their right to vote. In his The Jewish Week article, Lieberman tried to explain his party's "no loyalty – no citizenship" campaign by writing: "During Operation Cast Lead in Gaza, I was appalled by the calls for the destruction of the State of Israel and for renewed suicide bombings that some Israeli Arab leaders called for at pro-Hamas rallies. Although 'responsible citizenship' had always been part of our platform, I realized that this was a burning issue that had to take top priority." He explained his "responsible citizenship" platform and compared his position to the express policy of nations around the world, saying: "In the U.S., those requesting a Green Card must take an oath that they will fulfill the rights and duties of citizenship."On 10 October 2010 the Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
i cabinet approved a loyalty oath bill requiring all future non-Jews
Jews
The Jews , also known as the Jewish people, are a nation and ethnoreligious group originating in the Israelites or Hebrews of the Ancient Near East. The Jewish ethnicity, nationality, and religion are strongly interrelated, as Judaism is the traditional faith of the Jewish nation...
applying for an Israeli citizenship to swear loyalty to Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
as a Jewish and democratic state. However, on October 18, current prime minister Netanyahu ordered Justice minister Ya'akov Ne'eman to extend Cabinet-level debate on the bill in order to add amendments which make the loyalty oath universal to both Jewish and non-Jewish citizens of the state, including Jewish immigrants who seek citizenship. This inclusion of Jewish immigrants was supported by the Anti-Defamation League
Anti-Defamation League
The Anti-Defamation League is an international non-governmental organization based in the United States. Describing itself as "the nation's premier civil rights/human relations agency", the ADL states that it "fights anti-Semitism and all forms of bigotry, defends democratic ideals and protects...
.
See also
- Sedition Act of 1918Sedition Act of 1918The Sedition Act of 1918 was an Act of the United States Congress that extended the Espionage Act of 1917 to cover a broader range of offenses, notably speech and the expression of opinion that cast the government or the war effort in a negative light or interfered with the sale of government bonds...
- Smith ActSmith ActThe Alien Registration Act or Smith Act of 1940 is a United States federal statute that set criminal penalties for advocating the overthrow of the U.S...
- Communist Party USACommunist Party USAThe Communist Party USA is a Marxist political party in the United States, established in 1919. It has a long, complex history that is closely related to the histories of similar communist parties worldwide and the U.S. labor movement....
- Pledge of AllegiancePledge of AllegianceThe Pledge of Allegiance of the United States is an expression of loyalty to the federal flag and the republic of the United States of America, originally composed by Christian Socialist Francis Bellamy in 1892 and formally adopted by Congress as the pledge in 1942...
- BushidoBushido, meaning "Way of the Warrior-Knight", is a Japanese word which is used to describe a uniquely Japanese code of conduct and a way of the samurai life, loosely analogous to the concept of chivalry. It originates from the samurai moral code and stresses frugality, loyalty, martial arts mastery, and...
Court cases involving loyalty oaths
- American Communications Assn. v. Douds,
- Gerende v. Board of Supervisors,
- Garner v. Board of Public WorksGarner v. Board of Public WorksGarner v. Board of Public Works, 341 U.S. 716 , is a unanimous ruling by the United States Supreme Court which held that a municipal loyalty oath which required an oath and affidavit about one's beliefs and actions for the previous five years and which was enacted more than five years previous is...
, - Speiser v. RandallSpeiser v. RandallSpeiser v. Randall, 357 U.S. 513 , was a U.S. Supreme Court case involved the State of California's refusal to grant to ACLU lawyer Lawrence Speiser, a veteran of World War II, a tax exemption because the person refused to sign a loyalty oath as required by a California law enacted in 1954...
, - Cole v. Richardson,