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Houston, We Have a Problem in Leon County

I just listened to the historic swearing-in of the ballot recounters in Leon County. The person leading the ceremony said, "I swear or affirm to uphold the Constitution." So far, so good. But then dozens of voices repeated, "I swear or affirm ..." Problem: You can't just repeat the choices; you have to say "I swear" or "I affirm." The Founders specified that office-takers could either swear or affirm because they worried that devout Christians would be forbidden by their faith from swearing an oath of office. (Jesus taught that it was hypocritical to utter special vows of sincerity, since a person should always say only that which is true; most Christians today shrug this teaching off, if they even know it exists, but in the 18th century, swearing loyalty or sincerity was viewed by thoughtful Christians as offensive.) Thus someone taking public office may either swear to uphold the Constitution or simply affirm such intent. But there's no swear AND affirm option. Don't you realize what this means? The entire recount is legally invalid! They've got to start over!

E-mail Timothy Noah at .

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Gregg Easterbrook is a fellow at the Brookings Institution. His most recent book is The Progress Paradox: How Life Gets Better While People Feel Worse.
COMMENTS

Reader Comment from The Fray:


It's worse than that. I have been present at the naturalization proceedings for literally thousands of people who responded to the oath "I [state your name], do solemnly swear..." by saying, you guessed it, "I state your name, do solemnly swear ..." Revoke their citizenship and throw out their votes!

--CR

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I enlisted and re-enlisted in the U.S. Navy 4 times, and was commissioned an Officer; each time I swore or affirmed to uphold the Constitution. Does this mean every military man or women isn't bound by their oath?

--Howard Graham

(To reply, click here.)

(12/11)

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