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5
U.S.C. Part III, Subchapter A, Chapter 29, Subchapter I: Commissions,
Oaths, and Records
28 U.S.C. §453: Oaths of Justices and
judges
TITLE 28 >
PART I >
CHAPTER 21 > § 453
§ 453. Oaths of justices and judges
Each justice or judge of the United States shall take the following
oath or affirmation before performing the duties of his office: “I,
XXX XXX, do solemnly swear (or affirm) that I will administer
justice without respect to persons, and do equal right to the poor
and to the rich, and that I will faithfully and impartially
discharge and perform all the duties incumbent upon me as XXX under
the Constitution and laws of the United States. So help me God.”
5 U.S.C. §3331: Oath of Office
TITLE 5 >
PART III >
Subpart B >
CHAPTER 33 >
SUBCHAPTER II > § 3331
§ 3331. Oath of office
An individual, except the President, elected or appointed to an
office of honor or profit in the civil service or uniformed
services, shall take the following oath: “I, AB, do solemnly swear
(or affirm) that I will support and defend the Constitution of the
United States against all enemies, foreign and domestic; that I will
bear true faith and allegiance to the same; that I take this
obligation freely, without any mental reservation or purpose of
evasion; and that I will well and faithfully discharge the duties of
the office on which I am about to enter. So help me God.” This
section does not affect other oaths required by law.
28 U.S.C. 951: Oath of office of clerks and deputies
TITLE 28 >
PART III >
CHAPTER 57 > § 951
§ 951. Oath of office of clerks and deputies
Each clerk of court and his deputies shall take the following oath
or affirmation before entering upon their duties: “I, XXX XXX,
having been appointed XXX, do solemnly swear (or affirm) that I will
truly and faithfully enter and record all orders, decrees, judgments
and proceedings of such court, and will faithfully and impartially
discharge all other duties of my office according to the best of my
abilities and understanding. So help me God.”
Tax Fraud Prevention Manual, Section 6.6.12: Oath Taken by federal
district and circuit court judges
“I, _______, do solemnly swear and affirm that I
will administer justice without regard to persons and do equal right
to the poor and to the rich, and that I will faithfully and
impartially discharge and perform all of the duties incumbent upon
me as ______________ under the Constitution and laws of the United
States, and that I will support and defend the Constitution of the
United States against all enemies foreign and domestic, that I will
bear true faith and allegiance to the same, and that I take this
obligation freely without any mental reservation or purpose of
evasion, and that I will well and faithfully discharge the duties of
the office on which I am about to enter. So help me God.”
[Tax Fraud Prevention Manual, Section 6.6.12,
http://sedm.org/ItemInfo/Ebooks/TaxFraudPrevMan/TaxFraudPrevMan.htm]
8
U.S.C. §1448: Oath of renunciation
and allegiance
(a) Public ceremony
A person who has applied for
naturalization shall, in order to be and before being admitted to
citizenship, take in a public ceremony before the Attorney General or a
court with jurisdiction under section 1421(b) of this title an oath
(1) to support the
Constitution of the United States;
(2) to renounce and abjure
absolutely and entirely all allegiance and fidelity to any foreign prince,
potentate, state, or sovereignty of whom or which the applicant was before
a subject or citizen;
(3) to support and defend the
Constitution and the laws of the United States against all enemies,
foreign and domestic;
(4) to bear true faith and
allegiance to the same; and
8 CFR §1337.1: Oath of Allegiance
[Code of Federal
Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR1337.1]
[Page 1111-1112]
TITLE 8--ALIENS AND NATIONALITY
CHAPTER V--EXECUTIVE OFFICE OF IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE
PART 1337_OATH OF ALLEGIANCE--Table of Contents
Sec. 1337.1 Oath of allegiance.
Sec.
1337.1 Oath of allegiance.
1337.2 Oath administered by the Immigration and Naturalization Service
or an Immigration Judge.
1337.3 Expedited administration of oath of allegiance.
1337.4 When requests for change of name granted.
1337.5-1337.6 [Reserved]
1337.7 Information and assignment of individuals under exclusive
jurisdiction.
1337.8 Oath administered by the courts.
1337.9 Effective date of naturalization.
1337.10 Failure to appear for oath administration ceremony.
Authority: 8 U.S.C. 1103, 1443, 1448; 8 CFR part 2.
Source: Duplicated from part 337 at 68 FR 9845, Feb. 28,
2003.
Editorial Note: Nomenclature changes to part 1337 appear at
68 FR
9846, Feb. 28, 2003, and 68 FR 10360, Mar. 5, 2003.
(a) Form of oath. Except as otherwise provided in the Act and
after receiving notice from the district director that such applicant is
eligible for naturalization pursuant to Sec. 335.3 of 8 CFR chapter I,
an applicant for naturalization shall, before being admitted to
citizenship, take in a public ceremony held within the United States the
following oath of allegiance, to a copy of which the applicant shall
affix his or her signature:
I hereby
declare, on oath, that I absolutely and entirely renounce and abjure all
allegiance and fidelity to any foreign prince, potentate, state, or
sovereignty, of whom or which I have heretofore been a subject or
citizen; that I will support and defend the Constitution and laws of the
United States of America against all enemies, foreign and domestic; that
I will bear true faith and allegiance to the same; that I will bear
arms on behalf of the United States when required by the law; that I
will perform noncombatant service in the Armed Forces of the United
States when required by the law; that I will perform work of national
importance under civilian direction when required by the law; and that I
take this obligation freely, without any mental reservation or purpose
of evasion; so help me God.
(b)
Alteration of form of oath; affirmation in lieu of oath. In those
cases in which a petitioner or applicant for naturalization is
exempt from taking the oath prescribed in paragraph (a) of this section
in its entirety, the inapplicable clauses shall be deleted and the oath
shall be taken in such altered form. When a petitioner or applicant for
naturalization, by reason of religious training and belief (or
individual interpretation thereof), or for other reasons of good
conscience, cannot take the oath prescribed in paragraph (a) of this
section with the words ``on oath'' and ``so help me God'' included, the
words ``and solemnly affirm'' shall be substituted for the words ``on
oath,'' the words ``so help me God'' shall be deleted, and the oath
shall be taken in such modified form. Any reference to
[[Page 1112]]
`oath of allegiance' in 8 CFR chapter I is understood to mean equally
`affirmation of allegiance' as described in this paragraph.
(c) Obligations of oath. A petitioner or applicant for
naturalization shall, before being naturalized, establish that it is his
or her intention, in good faith, to assume and discharge the obligations
of the oath of allegiance, and that his or her attitude toward the
Constitution and laws of the United States renders him or her capable of
fulfilling the obligations of such oath.
(d) Renunciation of title or order of nobility. A petitioner
or applicant for naturalization who has borne any hereditary title
or has been of any of the orders of nobility in any foreign state
shall, in addition to taking the oath of allegiance prescribed in
paragraph (a) of this section, make under oath or affirmation in public
an express
renunciation of such title or order of nobility, in the following form:
(1) I further renounce the title of (give title or titles)
which I have heretofore held; or
(2) I further renounce the order of nobility (give the order
of nobility) to which I have heretofore belonged.
[22 FR 9824, Dec. 6, 1957, as amended at 24 FR 2584, Apr. 3, 1959; 32 FR
13756, Oct. 3, 1967; 56 FR 50499, Oct. 7, 1991]
Oath of
allegiance:
Required under 8 U.S.C. §1448 and consistent with Christian beliefs not
to take an oath found in Matt. 5:33-37 and James 5:12.
On the Laws of
War and Peace, Chapter 13: On Oaths (OFFSITE LINK)
Christians for a Test Oath
28
U.S.C. Section 1746: Unsworn
Declarations Under Penalty of Perjury
(1)
If executed without the United States:
“I declare under penalty of perjury under the laws of the united
States of America that the foregoing is true and correct.
Executed on (date). (Signature)
(2)
If executed within the United States, its
territories, possessions, or commonwealths: “I declare under penalty of
Perjury that the foregoing is true and correct.
Executed on (date). (Signature)
Law
Dictionary, Barron's, Copyright 1996, ISBN 0-8120-3096-6, pp.
345-346.
“swearing
to the truth of a statement; if one makes a statement under oath and knows
it to be false, one may be subjected to a prosecution for perjury or other
legal proceedings. Writings,
(e.g. affidavits) as well as oral testimony may be made “under oath.”
Compare affirmation.”
Cabell v. Chavez-Salido, 454 U.S. 432 (1982)
The State
cannot challenge the appellees' lack of familiarity with local laws or
rules. Such a consideration might disqualify nonresident citizens, but
not permanent resident aliens who have lived in California for much of
their lives. Nor can the State presume that aliens as a class would be
less loyal to the State. The Court's rulings in In re Griffiths,
413 U.S. at 726, n. 18, and Hampton v. Mow Sun Wong, 426 U.S. 88, 111,
n. 43 (1976), clearly state that one need not be a citizen in order to
swear in good conscience to support the Constitution. When these
appellees applied for their jobs, they expressed their willingness to
take such oaths. One later declared his intent to become, and
then became, a citizen. See [454 U.S. 463] 490 F.Supp. at 985, n. 2.
Finally, the State cannot claim that, by enacting § 1031(a), it seeks to
encourage aliens to become citizens. That objective is an exclusively
federal interest. Nyquist v. Mauclet, 432 U.S. at 10-11.
The Bible,
Matt. 5:33-37:
33 "Again you have heart that it was said to those of old,
'You shall not swear falsely, but shall perform your oaths to the Lord.'
34 "But I say to you, do not swear at all:
neither by heaven, for it is God's throne; 35 nor by the earth, for it is
His footstool; nor by Jerusalem, for it is the city of the great King.
36 "Nor shall you swear by your head, because you
cannot make one hair white or black.
37 "But let your 'Yes' be 'Yes,' and your 'No,' 'No.'
For whatever is more than these is from the evil one.
26 U.S.C. §6065: Verification of Returns
TITLE 26 >
Subtitle F >
CHAPTER 61 >
Subchapter A >
PART IV > § 6065
§ 6065. Verification of returns
Except as
otherwise provided by the Secretary, any return, declaration, statement,
or other document required to be made under any provision of the
internal revenue laws or regulations shall contain or be verified by a
written declaration that it is made under the penalties of perjury.
History of 26 U.S.C.
§6065: Requirement for Oath or Affirmation on Tax Return
We have the Federal Register documents that clearly
articulates that an "Oath"
Shall not be used on tax returns for Individuals,
but the BS jurat can under 26 U.S.C. § 6065, but therein lies another
problem in that 26 CFR § 1.6065 for jurats for the IRS has no statutory
authority at the bottom and it isn't listed in the Authorities tables
for part 1 to have the force and effect of law.
But at the bottom of the current 26
CFR § 1.6065-1, it does reference in "[ ]" (information only) that you
should look at 25 FR 12108 of Nov. 26, 1960.
In 25 FR
12132 (T.D. 6500 of November 26, 1960), which is a
substantive regulation under the statutory authority of
Congress, we find the
following, to wit:
Start quote
================
§ 1.6065 Statutory provisions; verification of
returns.
SEC. 6065. Verification of returns --
(a) Penalties of perjury. Except
as otherwise provided by the Secretary or his delegate, any return,
declaration, statement, or other document required to be made under any
provision of the INternal revenue laws or regulations shall contain or
be verified by a written declaration that it is made under the penalties
of perjury.
(b) Oath. The Secretary or his delegate may
by regulations require that any return, statement, or other document
required to be made under any provision of the internal revenue laws or
regulations shall be verified by an oath. This subsection shall not
apply to returns and declaration with respect to income taxes made by
individuals.
===============
End quote
The problem is that the section (b) was taken out
of the code in 1976 on October 4 (PL 94-455) and then on October 18,
1976 the unsworn declaration Code magically appeared of 28
U.S.C. § 1746, no NEW substantive regulation authority for 26 CFR §
1.6065-1 has been put up for the mandatory comment period and made into
a new statutory authority.
In the 1 FR
1859 of November 14, 1936 the verification was ONLY by Oath,
to wit:
Start quote
=================
ART 51-4. Verification of returns. -- All
income tax returns must be verified under oath or affirmation. The oath
or affirmation may be administered by any officer duly authorized to
administer oaths for general purposes by the law of the United States or
of any State, Territory or possession of the United States, wherein such
oath is administered, or by a consular officer of the United States.
=================
End quote
Then in 1943 the unsworn declaration was used with
no mention of the Oath by the notary, etc.
So the real question is that this is confusing to
you - right?
The only regulations existing today that is
substantive to mandate the use of the jurat of unsworn
declarations is 26
CFR § 1.6065-2T as listed in the current Part 1 table of
substantive regulations, but it doesn't exist today. The "T" means
"temporary" only of the "2T", supra.
26 CFR 1.6065-1 exists today, but the IRS tyrants
have hidden the authority by not listing it in the Part 1 table of
substantive authorities or at the bottom as some of the
substantive regulations do, but only listing the 25 FR 12108 of
Nov. 26, 1960 in brackets at the bottom with no mention that all
substantive regulations are mandated
to use "Authority" and then the disclosure with the applicable Code
section following.
So again what is the importance of this? It lies
in the fact for YOU to swear an Oath as being sworn in as in court that
the 1040, etc. or by using a notary public for the 1040 under the
penalties of perjury as just "true and correct" puts you in
the correct VENUE and Status under the protections of the 5th Amendment
to not give evidence against yourself and this CAN NOT BE COMPELLED.
But in the Land of Oz, you can as the fictional
status of a "citizen of the United States" use the Unsworn Declaration
and you have NO 5th Amendment
protections secured in the Federal Constitution.
To have the two different issues side by side is
UNBELIEVABLE of the Oath and Unsworn Declaration. I have known for a
long time that the unsworn declaration was BS and the Feds use this all
of the time on their pleadings, but I could not prove it, but now mister
IRS agent, DoJ attorney or judge, will you
compel me in open court to swear
under Oath or under the use of a Public Notary in and for one of the
several States concerning the 1040 that everything is true and correct?
In fact mister impostor judge, I would like you to personally mandate
that I be sworn in under Oath right now and I demand that you do the
swearing in of me in open court on the issue of the 1040 being true an
correct and that you ORDER me to swear that the all of the facts and the
1040 is true and correct under the penalties of perjury.
Also in the 26 CFR § 602.101 for the OMB numbers
under the Statutory Authority of 7805 (at bottom of regulation above
the [ ] TD stuff and to meet the requirements of the PRA, we find for
the regulation 1.6065-1 is for ONLY for corporations, being the form
with 1545-0123.
You can't
be compelled to give evidence against yourself and this is the reason
for hiding the "Oath" of the substantive regulation of 1960 - 25 FR
12132.
This probably seems quite confusing to most, but I
will address it later today or tomorrow when I have more time and attach
some of the documents for the special list.
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