Simone Lawson
The US Constitution is a foundational document that outlines the rights and responsibilities of citizens and their government. It is the duty of all citizens to support and defend the Constitution, and this is affirmed in the Oath of Allegiance, where citizens pledge to support and defend the Constitution and laws of the United States against all enemies, foreign and domestic. This oath is taken seriously by those in the military and Congress, who are sworn to protect it. Citizens have the right to petition and assemble peacefully to defend their constitutional rights, and it is the responsibility of all branches of government to uphold the Constitution. This includes holding the executive branch accountable and ensuring laws are constitutionally justified. The Constitution also outlines the rights of citizens, including freedom of religion, protection from unreasonable searches and seizures, and the right to equal treatment under the law, regardless of race, religion, or national origin.
| Characteristics | Values |
|---|---|
| Renounce allegiance to other nations | Support and defend the Constitution and laws of the United States |
| Bear arms on behalf of the United States when required by law | |
| Perform non-combatant service in the Armed Forces when required by law | |
| Perform work of national importance under civilian direction when required by law | |
| The President shall be Commander-in-Chief of the Army and Navy | |
| Congress consists of a Senate and House of Representatives | |
| The House of Representatives shall be composed of members chosen every second year by the people of the several States | |
| No person shall be a Representative who has not attained the age of twenty-five years and been seven years a citizen of the United States | |
| No person except a natural-born Citizen or a Citizen of the United States at the time of the Constitution's adoption shall be eligible for the office of President |
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What You'll Learn
The Oath of Allegiance
> 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 law; that I will perform work of national importance under civilian direction when required by law; and that I take this obligation freely, without any mental reservation or purpose of evasion.
The language of the current Oath is found in the Code of Federal Regulations Section 337.1 and is closely based upon the statutory elements in Section 337(a) of the Immigration and Nationality Act (INA). The principles embodied in the Oath are also codified in Section 337(a) of the INA, which provides that all applicants shall take an oath that incorporates the substance of the following:
- Renouncing and abjuring 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
- Supporting and defending the Constitution and laws of the United States against all enemies, foreign and domestic
- Performing military or civilian service when called upon by the government to do so
Attending the Oath of Allegiance ceremony is mandatory as the final step of the naturalization process. Applicants are instructed to dress in attire that "respects the dignity" of the ceremony, specifically prohibiting jeans, shorts, and flip-flops.
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Freedom of speech, assembly, and petition
The Constitution is a set of principles that outlines the powers of the federal government and Congress. It is the duty of every branch of the government to uphold the Constitution, and citizens are also allowed and expected to support and defend it. The First Amendment of the Constitution guarantees the freedom of speech, assembly, and petition, among other rights.
The freedom of speech, assembly, and petition are fundamental rights that are integral to a democratic society. These rights allow citizens to express their opinions, gather peacefully, and address their concerns to the government. The right to assemble and petition is deeply rooted in American history and has been recognised as one of the original "Four Freedoms", along with freedom of speech, press, and religion.
The right to assemble and petition is protected by the First Amendment, which states that "Congress shall make no law [...] abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." This right ensures that citizens can come together and collectively address their concerns to the government, holding those in power accountable for their actions.
While the modern Supreme Court often treats assembly and petition as subsumed within the expansive "freedom of expression", many scholars argue that this undervalues the importance of providing independent protection to these rights. Assembly, in particular, is unique among the rights in the First Amendment as it requires more than one individual for its exercise. This right extends beyond the physical act of assembling and includes preparatory activities, which have been recognised by the Supreme Court as the "right of association".
The right to petition has played a significant role in American history, with the Declaration of Independence citing King George III's repeated ignorance of petitions for redress as a justification for the American Revolution. Throughout history, legislatures have considered themselves obligated to address petitions, giving women, slaves, and aliens a platform to voice their grievances.
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Equality before the law
The concept of equality before the law has a long history, dating back to the ancient philosopher Guan Zhong, who declared that "the monarch and his subjects, no matter how great and small they are, must comply with the law." This idea was further developed in the Magna Carta, a medieval document sealed in 1215 between King John of England and the Barons. The Magna Carta established the concept of the rule of law, stating that all citizens, including those in power, must follow the law and be subject to its provisions, ensuring equality before the law.
While the general guarantee of equality before the law is provided by most of the world's national constitutions, the specific implementations of this guarantee can vary. For example, while many constitutions guarantee equality regardless of race, only a few mention the right to equality regardless of nationality. Additionally, some countries may have laws or practices that contradict the principle of equality before the law, such as those incorporating legal slavery, servitude, colonialism, or monarchy.
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Protection from unreasonable searches and seizures
The Fourth Amendment to the US Constitution protects citizens from unreasonable searches and seizures. This includes searches by police officers, FBI agents, state troopers, and other law enforcement officials. However, the protection only applies if an individual has a reasonable expectation of privacy in the place or subject searched.
The Fourth Amendment requires that search or seizure warrants be obtained upon probable cause, supported by an oath or affirmation, and that the place to be searched and the persons or things to be seized are described with particularity. This amendment resulted from abuses of power during the colonial era, and few cases involving it arose during the first 100 years following the ratification of the Bill of Rights.
The US Supreme Court has ruled on several notable cases that have interpreted and narrowed the scope of the Fourth Amendment's protection against unreasonable searches and seizures. For example, in Katz v. United States (1967), the Court held that the Fourth Amendment protects people, not places, and extended its protection to public telephone booths. In United States v. Leon (1984), the Court ruled that evidence seized by a government officer with a warrant that turned out to be invalid may still be admissible if the officer reasonably relied on the warrant in good faith.
In addition, there are several exceptions to the Fourth Amendment's warrant requirement. For instance, in California v. Acevedo (1991), the Court held that police may search a container within a vehicle without a warrant if they have probable cause to believe it holds contraband or evidence. In Wilson v. Arkansas (1995), the Court ruled that the temporary detention of a motorist on probable cause of a traffic violation does not violate the Fourth Amendment, even if a reasonable officer would not have made the stop without another law enforcement objective.
Despite these protections, the struggle to define "unreasonable" in the digital context remains, and legal scholars have proposed various approaches to address this challenge.
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The role of Congress in upholding the Constitution
The United States Constitution, in Article I, lays out the structure and powers of Congress. The Constitution establishes a bicameral national legislature, with two houses: the House of Representatives, directly elected by the people of each state, and the Senate, composed of two senators from each state, chosen by the legislature thereof for six-year terms.
Congress plays a crucial role in upholding the Constitution and has sworn to protect and defend it. This involves passing laws that are constitutionally justified and staying within the authorities listed in the Constitution. Congress also has the power to counterbalance the other branches of government, such as the Supreme Court and the President, when they veer off course.
One of the key responsibilities of Congress is to ensure that the federal government operates within the powers granted to it by the Constitution. This includes the power to declare war, raise and support armies, define and punish crimes, and regulate interstate and foreign commerce. Congress also has the authority to establish inferior tribunals to the Supreme Court and to make rules for governing the militia.
Additionally, Congress plays a vital role in safeguarding the rights and liberties guaranteed by the Constitution, especially those outlined in the First, Second, and Fourth Amendments. By upholding these rights, Congress helps maintain the democratic principles upon which the nation was founded.
In conclusion, the role of Congress in upholding the Constitution is essential. Through their law-making powers, checks and balances on other branches of government, and commitment to protecting individual rights, Congress ensures that the principles and authorities outlined in the Constitution are respected and preserved.
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Frequently asked questions
Supporting and defending the constitution means taking action to protect the rights and principles outlined in the document. This includes rights such as freedom of speech, peaceful assembly, and protection from unreasonable searches and seizures.
Yes, in times of constitutional challenge, both political leaders and everyday citizens must take action to defend democratic governance. This can include leveraging Congress's capacities and using Civil Society Field Hearings to empower communities and hold elected leaders accountable.
Congress is responsible for upholding the constitution and counterbalancing the Supreme Court and the President when they veer off course. Each branch of government has an equal responsibility to defend the constitution.
Yes, during the naturalization process, new citizens take an Oath of Allegiance to the United States of America. This includes a pledge to "support and defend the Constitution and laws of the United States against all enemies, foreign and domestic".
