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.”
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.
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.”
“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]
(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
[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 C.F.R. 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 C.F.R. 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 C.F.R. 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.
(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.”
[Law Dictionary, Barron's,
Copyright 1996, ISBN 0-8120-3096-6, pp. 345-346.]
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.
[Cabell
v. Chavez-Salido, 454 U.S. 432 (1982)]
Matt. 5:33-37, Bible:
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.
[Matt. 5:33-37, Bible]
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 C.F.R. § 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 C.F.R. § 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 C.F.R.
§ 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 C.F.R.
§ 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 C.F.R. 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 C.F.R. § 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.