Thursday, August 6, 2009

Deception and the Constitutional Oath of Public Office

When asked about their "Duty of Care" in regards to their work or their "legal" responsibilities and opinions in relation to the U.S. or Montana Constitution, most politicians or lawyers, will try to convince you that it is what they call an "ordinary" duty of care. But don't you be fooled by this mis-statement and these people not taking full responsibility for their oaths of office. It is up to each and everyone of us, to confront them with their duties and responsibilities.

First, let's look at the definition of ordinary ...

ordinary adj. regular, customary and continuing, and not unusual or extraordinary, as in ordinary expense, ordinary handling, ordinary risks, or ordinary skill. According to established order; methodical; settled; regular. ``The ordinary forms of law.'' --Addison.

Second, let's look at our elected and legal department's Oath of Office (which does NOT include their Rules of Professional Conduct). In Montana's Constitution, their Oath is “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 Montana, and that I will discharge the duties of my office with fidelity (so help me God)."

Third, approach your representative and ask, "what does your Oath to support, protect and defend the Constitution of (your state) mean to you?" If their answer is anything other than an extra-ordinary duty of care, i.e. actively championing and guarding our Constitution(s) and keeping it safe from attack or harm, then you need to choose different Representatives and/or their (your) employees.
From The People's Law Dictionary:
To support: To argue in favor of; advocate; champion;
To protect: To keep from being damaged, attacked, stolen, or injured; guard;
T0 defend: To make or keep safe from danger, attack, or harm.

Fourth, keep informed, ask pertinent questions, keep a record of all communications, watch who lobbies them, gives them "campaign" money, be ever watchful of their actions, they speak so much louder than their words. And remember to be ever vigilant and act.

As always, I'd like to encourage your comments about this important topic.

Rick Gold
Missoula, MT

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