[mrscottyp]

Is it possible under the Constitution or any other US law to file charges against a politician for violating their oath of office? If so, how is it done? This question seems to generate a lot of witty retort but I can’t find anyone who will truly answer the question. It appears at this point that many politicians do whatever they want with no repercussions whatsoever.
Thank you
Scott

[gutzmank]

For members of Congress, absent a criminal violation, the punishment is defeat at the next election. For members of the other two branches of the Federal Government, the punishment is impeachment or, in the case of the president or v.p., defeat at the next election.

[mrscottyp]

Thanks for your quick response Kevin. Is the violation of the oath considered a criminal violation? I am thinking of something like the indefinite detention section of the NDAA. This has been ruled unconstitutional by a federal judge. It is being appealed but if the ruling stands wouldn’t the creators and supporters of this bill be guilty of destroying the very document they took an oath the “support and defend?” If I am understanding you correctly the “oath of office” is strictly ceremonial and if they choose to introduce and support unconstitutional laws there is no legal action that can be taken? That is quite sad, but it helps to explain a lot.

[porphyrogenitus]

“ Is the violation of the oath considered a criminal violation?”

No.

Since all the people who take the oaths are also all the people who write, enforce, and interpret the laws, the idea that the oath they take should be enforceable and their violation of said oaths subject to criminal sanction seems to have slipped to the bottom of the pile of legislative priorities.

Mencken had a few thoughts on this subject but no one has taken up their intellectual development since him. Perhaps it’s time someone did.

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