Saturday, August 29, 2015

Random find: Arizona's loyalty oath

Oh, the things you find when you aren't looking for them...

While doing some regular general research, I came across this interesting nugget on the website of the Arizona Secretary of State -

Arizona has a loyalty oath?

Curious as to what officeholders in AZ have to swear to be loyal to, I opened up the form on the SOS' website, expecting something from the McCarthy era.  It wasn't quite that bad, but...

OK, it's pretty much boilerplate stuff, basically very mundane.

But I noticed one thing, a significant omission.  Do you see it?

Here, let me help -

Quoting the highlighted text:
...I will support the Constitution of the United States and the Constitution and laws of the State of Arizona...

Based on this oath, for Arizona officeholders, supporting (and protecting and defending, and ?obeying?) federal laws is optional.

Yes, it's just another way that the neo-secessionists at the state capitol can thumb their noses at civil society in general and the federal government in particular.

But, on the bright side, doesn't the phrasing of that oath mean that when the Republican leadership at the Capitol (including the governor, leadership of the lege, and their staffers/lackeys), by their brazen refusal to follow Arizona law, and a court order to do so, and properly fund the state's education system, they have, in effect

Voluntarily resigned their positions?

Yeah, yeah, yeah - I'm thinking logically, and while I'm not a lawyer, I know enough about the law to know that it can rarely be described as "logical".

Note: this isn't something thought up solely by Arizona's Secretary of State, Michelle Reagan; it's part of Arizona state law.

And per that law, it applies to "any person elected, appointed or employed, either on a part-time or full-time basis, by this state or any of its political subdivisions or any county, city, town, municipal corporation, school district, public educational institution or any board, commission or agency of any county, city, town, municipal corporation, school district or public educational institution."

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