Saturday, February 05, 2022

WHY FL GOV'T CAN IGNORE THE CONSTITUTION

 HERE'S WHY PUBLIC OFFICERS CAN IGNORE THE CONSTITUTIONS

Note: Please email/mail this to Florida legislators, Florida judges, the Florida Governor, news media, and political activists who want government to obey and operate within the constraints of the US Constitution and US Law.

Why to remove "and Government" from Florida Loyalty Oaths IMMEDIATELY

Dear Florida Public Officer:

The Florida Constitution contains text in the Public Officer Oath that violates US Law and the US Constitution (see below).  That text needs to be removed. 

Specifically, the US Law and US Constitution require public officers of the US and State governments to swear to support the Constitutions (not the Governments) of the US and Florida. However, Florida's Constitution requires public officers to swear to support BOTH the Constitution and Government of the US and of Florida. 

This is a remnant of the strict control the US Congress took of the Governments of the Confederate States of America after the Civil War. The words “and Government” first appeared in the oath text within Florida's Constitution of 1868 (Article XVI Section 10). For more information see this article:
https://bobhurt.blogspot.com/2021/12/why-fl-officers-loyal-to-government.html

This causes a dilemma when public officers make decisions and take actions that violate the constitutions, such as allowing unrestricted invasion by illegal aliens into our land, or requiring people to accept an experimental vaccination. Florida's public officers bind  themselves by oath to support Government (particularly the people running Government) and thereby to support its unconstitutional illegal edicts and activities.  See a smattering of proof of unconstitutional, and therefore illegal, laws that public officers created and enforced here:
https://constitution.congress.gov/resources/unconstitutional-laws/


AXIOM

One cannot remain loyal to the Constitution while loyal to a Government employee (such as a public officer) operating in breach of the constitution.  And many, if not most, public officers operate in breach of the constitutions from time to time, sometimes with horrible and enduring consequences.

Note that loyalty to government over the constitution changes the form of government from a Republic to an oligarchy, and the US Constitution guarantees states a Republican form of government, as shown below.

YOUR ACTION REQUIRED

If it bothers you that one cannot remain loyal to the constitution while loyal to Government (such as a public officer in breach of the Constitution), get the words "and Government" stricken from the Florida Constitution's public officer oath, for they violate both US law and the US Constitution, as shown below.


Check out the provisions of US Constitution and law below to see proof that Florida's Constitution and law violates them.  I have highlighted the words "and Government" in the offending text.  In particular, remove those words from FL Statute 350.05, the Florida public officer oath form, and the Florida Constitution Article II Section 5b.

Sincerely,



-- Originally authored on 2/2/22 by...

Bob Hurt
Blog 1  2  
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Email     (727) 669-5511
2460 Persian Drive #70
Clearwater, FL 33763 USA




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.

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.


United States Code

4 USC § 101. Oath by members of legislatures and officers

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.”

Florida Constitution Article II. SECTION 5. Public officers.

(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.

Florida Oath Form

See the Florida Public Officer oath of office form as of Feb 2022:  

https://files.floridados.gov/media/702653/dsde56-oath-acceptance-feb-2020.pdf

Excerpt:



Florida Loyalty Oath Laws

99.021 Form of candidate oath. (Candidates)—

(1)(a)1. Each candidate, whether a party candidate, a candidate with no party affiliation, or a write-in candidate, in order to qualify for nomination or election to any office other than a judicial office as defined in chapter 105 or a federal office, shall take and subscribe to an oath or affirmation in writing. A copy of the oath or affirmation shall be made available to the candidate by the officer before whom such candidate seeks to qualify and shall be substantially in the following form:

Before me, an officer authorized to administer oaths, personally appeared   (please print name as you wish it to appear on the ballot)  , to me well known, who, being sworn, says that he or she is a candidate for the office of  ; that he or she is a qualified elector of   County, Florida; that he or she is qualified under the Constitution and the laws of Florida to hold the office to which he or she desires to be nominated or elected; that he or she has qualified for no other public office in the state, the term of which office or any part thereof runs concurrent with that of the office he or she seeks; that he or she has resigned from any office from which he or she is required to resign pursuant to s. 99.012, Florida Statutes; and that he or she will support the Constitution of the United States and the Constitution of the State of Florida.

105.031 Qualification; filing fee; candidate’s oath; items required to be filed. (Non-Partisan Candidates)—

(4) CANDIDATE’S OATH.—
(a) All candidates for the office of school board member shall subscribe to the oath as prescribed in s. 99.021.
(b) All candidates for judicial office shall subscribe to an oath or affirmation in writing to be filed with the appropriate qualifying officer upon qualifying. A printed copy of the oath or affirmation shall be furnished to the candidate by the qualifying officer and shall be in substantially the following form:

Before me, an officer authorized to administer oaths, personally appeared   (please print name as you wish it to appear on the ballot)  , to me well known, who, being sworn, says he or she: is a candidate for the judicial office of  ; that his or her legal residence is   County, Florida; that he or she is a qualified elector of the state and of the territorial jurisdiction of the court to which he or she seeks election; that he or she is qualified under the constitution and laws of Florida to hold the judicial office to which he or she desires to be elected or in which he or she desires to be retained; that he or she has qualified for no other public office in the state, the term of which office or any part thereof runs concurrent to the office he or she seeks; that he or she has resigned from any office which he or she is required to resign pursuant to s. 99.012, Florida Statutes; and that he or she will support the Constitution of the United States and the Constitution of the State of Florida.

350.05 Oath of office.— (Public Service Commission)

Before entering upon the duties of his or her office each commissioner shall subscribe to the following oath: “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 qualified to hold office under the constitution of the state, and that I will well and faithfully perform at all times the duties of Florida Public Service Commissioner, on which I am now about to enter in a professional, independent, objective, and nonpartisan manner; that I do not have any financial, employment, or business interest which is prohibited by chapter 350, Florida Statutes; and that I will abide by the standards of conduct required of me by chapters 112 and 350, Florida Statutes, so help me God.” In case any commissioner should in any way become disqualified, he or she shall at once remove such disqualification or resign, and upon his or her failure to do so, he or she shall be suspended from office by the Governor and dealt with as provided by law.

876.05 Public employees; oath.—

(1) All persons who now or hereafter are employed by or who now or hereafter are on the payroll of the state, or any of its departments and agencies, subdivisions, counties, cities, school boards and districts of the free public school system of the state or counties, or institutions of higher learning, except candidates for federal office, are required to take an oath before any person duly authorized to take acknowledgments of instruments for public record in the state in the following form:
I,  , a citizen of the State of Florida and of the United States of America, and being employed by or an officer of   and a recipient of public funds as such employee or officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida.

(2) Said oath shall be filed with the records of the governing official or employing governmental agency prior to the approval of any voucher for the payment of salary, expenses, or other compensation.

11.9336 Oath. (Delegates to Constitutional Convention)—

Each delegate and alternate delegate shall, before exercising any function of the position, execute an oath in the state and in writing that the delegate or alternate delegate will:
(1) Support the Constitution of the United States and the State Constitution.
(2) Faithfully abide by and execute any instructions to delegates and alternate delegates adopted by the Legislature.
(3) Otherwise faithfully discharge the duties of a delegate or alternate delegate.

# # #

Friday, December 31, 2021

Why FL Officers Loyal to Government

 If you read my previous article "Strike These Words from Florida's Public Officer Oath?", you know that the Florida Constitution requires Florida's public officers to swear loyalty to the US and Florida Governments, as well as their Constitutions. You also know that's a bad thing because a public officer will not remain loyal to the Constitutions if his Government boss threatens to fire him for it.

Now, I shall show how the words "and Government" became part of the public officer oath.

Read the brief History of Florida's Constitutions below.  It shows that the US military forced Florida's public officers to change the Constitution by adding the words "and Government" to the oath - to punish Florida for participating in the rebellion and joining the Confederate States of America during the Civil War era.

Now, read the actual Public Officer Oath text in Florida's Constitutions below.  Notice that the offensive wording "and government" exists in Florida's Constitutions of 1868, 1885, 1968, and the amended (current) version of 1998.  The constitutions themselves do not explain why Government added the text "and government" to the public officer oath.  But we now know why.  In spite of good intentions, the addition constituted an illegal act, violative of both US law and US Constitution, as the above-linked article proves.

You might wonder what binds public officers and registered voters, all of whom purportedly have sworn the oath, to behave with loyalty to their constitutions. People keep swearing loyalty oaths because nothing bad happens to those who later breach those oaths.  Furthermore, the loyalty oaths are lies to begin with because few if any who swear the oaths have bothered to read the constitutions they swore to support. To that end, you might enjoy reading additional considerations in my article Is Your Word Your Bond; Are Some Lies Good?

If you want to see the Public Officer oath stripped of its offensive "and Government" wording, become a vocal, annoying activist.  Call and write your legislators and other government officers and demand that they initiate legislation to remove the offending words "and Government" from all loyalty oaths.

History of Florida's Constitutions

Florida's constitution outlines its form of government, including the powers and responsibilities of state and county officials. The current constitution was framed by a constitutional revision commission and approved in 1968, but many of its provisions date back to the 19th century.

Included here are the original manuscripts or contemporary copies of each of Florida's 19th century constitutions, plus the 1812 constitution of the short-lived Republic of East Florida and the state's 1861 Ordinance of Secession.

"Patriot Constitution" of the Republic of East Florida, 1812

In March 1812, a group of Georgians and residents of Spanish East Florida attacked and occupied Fernandina on Amelia Island. Calling themselves the “Patriot Army,” they aimed to convince more citizens of East Florida to join their movement and overthrow the Spanish colonial government. Their hope was for East Florida to then be annexed to the United States as a territory. The so-called Republic of East Florida was short-lived and ultimately unsuccessful, but its leaders did produce this constitution.

Constitution of the State of Florida, 1838

Florida’s original state constitution was drafted by a convention of 56 prominent Floridians in the coastal town of St. Joseph in late 1838 and early 1839. The delegates drew inspiration for the document from neighboring states, especially Alabama. The people of Florida ratified the new constitution, but only barely, and Congress did not admit the territory as a new state until 1845.

Ordinance of Secession, 1861

Many Floridians interpreted the election of President Abraham Lincoln in November 1860 as a dangerous step toward the abolition of slavery. When the Florida Legislature convened later that month, the members passed a law calling for a “Convention of the People” to determine how the state would respond to the crisis. Delegates were elected by popular vote in December, and the convention met in Tallahassee in January 1861. The delegates voted 62-7 to withdraw Florida from the Union, making it the third state to secede. The convention also made numerous changes to the state constitution, altering the terms of office for many officials and deleting references to the United States.

Constitution of the State of Florida, 1865

Civil government was suspended when the Union military first occupied Florida in May 1865. Hoping to return the former Confederate states to the Union as quickly as possible, President Andrew Johnson appointed Judge William Marvin of Key West as provisional governor and directed him to call a constitutional convention. The delegates annulled the Ordinance of Secession and framed a new state constitution that recognized the end of slavery. The life of this document was a short one, however. The Republican majority in Congress, unsatisfied with the former Confederate states’ limited acceptance of freedom for African Americans, passed the Reconstruction Acts over President Johnson’s veto and reestablished military control in the South.

Constitution of the State of Florida, 1868

Under the Reconstruction Acts, Congress assumed control over readmission of the former Confederate states to the Union. The United States military reoccupied those states and caused all eligible men over 21, regardless of race, to be registered to vote. Each state’s newly enfranchised electorate then selected delegates to frame a new state constitution and submit it to Congress for approval. Florida’s constitutional convention met in January 1868, and the voters ratified the final document on May 4, 1868. Congress officially declared Florida back in the Union later that year on July 25.

Constitution of the State of Florida, 1885

The contents of Florida’s 1868 constitution were profoundly shaped by the dominance of the Republican Party and the enfranchisement of African Americans for the first time. By the early 1880s, however, conservative Democrats controlled state politics and wanted to reverse some of the old document’s provisions. A convention met in Tallahassee in June 1885 and drafted a new state constitution, which was ratified by the people in November 1886. Many offices that had previously been filled by appointment were made elective under the new document. Segregation of public schools was made mandatory, poll taxes were legalized and intermarriage between whites and African Americans was prohibited.

https://www.floridamemory.com/discover/historical_records/constitution/


Public Officer Oath in Florida's Constitutions

Florida Constitution of 1838 Article VI

Section 11. Members of the General Assembly, and all officers, Civil or Military, before they enter upon the execution of their respective offices, shall take the following oath or affirmation: I do swear (or affirm,) that I am duly qualified, according to the Constitution of this State, to exercise the office to which I have been elected, (or appointed) and will, to the best of my abilities, discharge the duties thereof, and preserve, protect, and defend the Constitution of this State, and of the United States.

http://library.law.fsu.edu/Digital-Collections/CRC/CRC-1998/conhist/1838con.html


Florida Constitution of 1861 Article VI

Section 7. Members of the General Assembly and all officers, civil or military, before they enter upon the execution of their respective offices, shall take the following oath or affirmation: I do swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the office to which I have been elected (or appointed,) and will, to the best of my abilities, discharge the duties thereof, and preserve, protect and defend the Constitution of this State, and of the Confederate States of America.

http://library.law.fsu.edu/Digital-Collections/CRC/CRC-1998/conhist/1861con.html


Florida Constitution of 1865 Article VI

Section 7. Members of the General Assembly, and all officers, civil or military, before they enter upon the execution of their respective offices, shall take the following oath or affirmation: "I do swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the office to which I have been elected (or appointed,) and will, to the best of my abilities, discharge the duties thereof, and preserve, protect and defend the Constitution of this State and of the United States of America."

http://library.law.fsu.edu/Digital-Collections/CRC/CRC-1998/conhist/1865con.html


Florida Constitution of 1868 Article XVI

Section 10. The following shall be the oath of office for each officer in the State, including members of the Legislature: "I do solemnly swear that I will support, protect, and defend the Constitution and government of the United States, and of the State of Florida, against all enemies, domestic or foreign, and that I will bear true faith, loyalty, and allegiance to the same, and that I am entitled to hold office under this constitution. 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."

http://library.law.fsu.edu/Digital-Collections/CRC/CRC-1998/conhist/1868con.html


Florida Constitution of 1885 Article XVI

Section 2. Each and every officer of this State, including the members of the Legislature, shall before entering upon the discharge of his official duties take the following oath of office: 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 _____________ on which I am now about to enter. So help me God.

http://library.law.fsu.edu/Digital-Collections/CRC/CRC-1998/conhist/1885con.html


Florida Constitution of 1968 Article II

Section 5. Public Officers.

(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 about to enter. So help me God.", and thereafter shall devote personal attention to the duties of the office, and continue in office until his successor qualifies.

http://library.law.fsu.edu/Digital-Collections/CRC/CRC-1998/conhist/1968con.html


Florida Constitution of 1998 Article II

Section 5. Public Officers.

(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.


Bob Hurt






Tuesday, December 28, 2021

Strike These Words from Florida's Public Officer Oath?

Introduction

The Florida Constitution contains text in the Public Officer Oath that violates US Law and the US Constitution.  That text needs to be removed. 

Specifically, the US Law and US Constitution require public officers of the US and State governments to swear to support the Constitution.  But, Florida's Constitution requires public officers to swear to support BOTH the Constitutions and Governments of the US and Florida.  

This causes a dilemma when public officers make decisions and take actions that violate the constitutions, such as allowing unrestricted invasion by illegal aliens into our land, or requiring people to accept an experimental vaccination. Other public officers bind  themselves by oath to support Government, and thereby to support its illegal edicts and activities. 

AXIOM

One cannot remain loyal to the Constitution while loyal to a public officer in breach of the constitution.  And most public officers operate in breach of the constitutions from time to time, sometimes with horrible and enduring consequences.


Question

SO, do the words "and Government" in Florida's Public Officer Oath bother you?  Check out the provisions of law and constitution below to see proof that Florida's Constitution violates them.


Florida Constitution

(i) Article II General Provisions. SECTION 5. Public officers.—

    (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.

Florida Oath Form

See the Florida Public Officer oath of office form as of Dec 2021:  

https://files.floridados.gov/media/702653/dsde56-oath-acceptance-feb-2020.pdf


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.

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.


United States Code

4 USC § 101. Oath by members of legislatures and officers

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.”


YOUR ACTION REQUIRED

Note that loyalty to government over the constitution changes the form of government from a Republic to an oligarchy, and the US Constitution guarantees states a Republican form of government, as shown above.

If it bothers you that one cannot remain loyal to the constitution while loyal to Government (such as a public officer in breach of the Constitution), get the words "and Government" stricken from the Florida Constitution's public officer oath, for they violate both US law and the US Constitution, as shown above. 


Bob Hurt

Bob Hurt

Bob Hurt
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Email     📞 (727) 669-5511
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✈ Clearwater, FL 33763 USA
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Saturday, September 19, 2020

Busted by Twitter for calling Kyle Rittenhouse a Hero and Martyr

Yeah, BUSTED! 

You see, I tweeted what you see below, whereupon one of Twitter's myriad leftist, limp-wristed, lame-brained, panty-waist, dilettante, hypocritical censor twits reacted in rancor, thusly:

My tweet was innocuous, and I'm not that much of a pushover, so I opted to appeal...



I responded by explaining that Kyle gave first aid to victims of terrorists who then attacked Kyle and got shot in self-defense, and now leftists are prosecuting him.

Implicitly, that makes Kyle both hero and martyr.  And note that my tweet did not glorify serial killing or violence.

Let the reader be the judge


A few minutes later I get this email from Twitter:

 
Twitter
 
Hello,
 
Thank you for your patience as we reviewed your appeal request for account, @bobhurt, regarding the following:
 

avatar
Bob Hurt
@bobhurt

Kyle Rittenhouse—Hero And Martyr https://[...]
Violating our rules against glorifying violence
 
Our support team has determined that a violation did take place, and therefore we will not overturn our decision.
 
You will not be able to access Twitter through your account due to violations of the Twitter Rules, specifically our rules around:
In order to restore account functionality, you can resolve the violations by logging into your account and completing the on-screen instructions.
 
Thanks,
Twitter


Twitter's censors obviously love Marxist terrorists who are doing their best to destroy America, and HATE anyone who puts up an effective defense (such as by killing terrorist attackers who badly need killing).  They thought Kyle Rittenhouse would cave in like nearly everybody else does in response to their onslaught, and they could beat him down and leave him bleeding, broken, and dead in the street. 

What a surprise they received instead!  Kyle shot three of them, two of them died, and the third had already drawn his pistol with intent to kill Kyle.  Kyle's actions of giving first aid, protecting others' property, and defending himself seem heroic to me.  He became a martyr for having to face prosecution for murder.  Those who censor Kyle for shooting his attackers in self-defense would change their opinion if terrorists attacked them with intent to kill.


--
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Bob Hurt

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