Malcolm Rivera
The phrase domestic enemy was added to the oath of office by Congress in 1861 in response to an ongoing rebellion by the Southern states. While the Constitution does not define the term, it is generally understood to refer to those who commit treason, insurrection, or sedition. Some people may interpret it more broadly to include anyone who disagrees with their personal politics or engages in criminal acts that revolt against civil authority. The designation of any domestic group as an enemy not subject to constitutional rights and due process would be an unconstitutional bill of attainder outside of a civil war context. Preserving U.S. democracy and upholding the oath to defend the Constitution are critical aspects of national security, and public officials are expected to prioritize their allegiance to the Constitution over party politics or individuals.
| Characteristics | Values |
|---|---|
| Commits treason | Rebellion, overthrow of the government |
| Revolts against civil authority | Threatening to remain in office, undermining public confidence in elections |
| Commits criminal acts | Sabotaging the U.S. Postal Service, halting the transfer of power |
| Spreads nationalism and abandons truth | Exploiting fears about liberty, flouting public health guidance |
| Undermines democracy | Making it harder for underrepresented communities to vote |
| Threatens national security | Undermining the functioning of the Constitution, threatening election administration |
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What You'll Learn
The oath of office
Despite the variations, all oaths share the fundamental commitment to "support and defend". Notably, all versions except for the President's include the phrase "all enemies, foreign and domestic". This exclusion from the President's oath underscores the unique responsibility of the presidency to defend the Constitution from all threats, both domestic and foreign.
The concept of a "domestic enemy" is complex and has been the subject of debate. While some may interpret it broadly to include anyone who disagrees with their personal political beliefs, most Constitutional scholars advocate for a narrower interpretation. According to Berkeley Law professor Orin Kerr, the oath should be understood in its historical context, signifying a commitment to oppose political reforms that fall outside the framework of the Constitution. It is a pledge of loyalty to the government established by the Constitution and a rejection of rebellion or attempts to overthrow that government.
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The Constitution and loyalty
The Constitution of the United States is a foundational document that outlines the core principles, rights, and responsibilities of the nation and its citizens. It establishes the structure and functions of the government, and is meant to ensure a free and just society. As such, it is critical that all citizens and public officials demonstrate loyalty and commitment to upholding the Constitution.
Every person in the employ of the Federal government in the United States swears an oath to the Constitution. This includes the President, members of Congress, military officers, civil servants, and enlisted members of the armed forces. The specific wording of the oath may vary slightly depending on the role, but all include a pledge to "support and defend" the Constitution. The Presidential Oath of Office, as specified in Article II, Section 1, Clause 8 of the Constitution, states:
> "I do solemnly swear that I will faithfully execute the Office of the President of the United States, and will to the best of my ability, preserve, protect, and defend the Constitution of the United States."
The concept of a "domestic enemy" of the Constitution has come into focus in recent years, particularly in the aftermath of the January 6, 2021, riot at the U.S. Capitol. This event, often described as an "insurrection" or an attempted coup, brought to light the dangers of domestic threats to the Constitution. While there is no formal definition of a "domestic enemy" in federal law, it is generally understood to refer to individuals or groups who seek to undermine the Constitution and the principles of American democracy.
In the context of the Capitol riot, some have accused former President Donald Trump and his supporters of being domestic enemies of the Constitution. They are alleged to have incited and participated in a violent attempt to subvert the democratic process and prevent the transfer of power following the 2020 presidential election. This event highlighted the importance of distinguishing between legitimate political discourse and actions that cross the line into treasonous or seditious territory.
Beyond specific incidents, there are broader threats to the Constitution that require constant vigilance. These include efforts to cast doubt on election outcomes, undermine the rule of law, spread misinformation, and infringe on the rights of underrepresented communities. Protecting national security and preserving democracy are critical aspects of defending the Constitution. As citizens and officials, our allegiance must be to the Constitution and the Rule of Law, rather than to any individual or political party. This loyalty is essential to safeguard the freedoms and principles enshrined in the Constitution.
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Treason, insurrection, and sedition
The concept of a ""domestic enemy" of the Constitution is a contentious one, with no clear definition provided by the Constitution itself. However, it is generally understood that such an enemy would commit acts of treason, insurrection, or sedition.
Treason is defined by the Constitution as a citizen's violation of their allegiance to the country by betraying it or aiding its enemies. According to Article III, treason consists of "levying war" against the United States or "adhering to their enemies, giving them aid and comfort". The federal treason statute, 18 U.S.C. § 2381, imposes a minimum penalty of five years' imprisonment and a $10,000 fine, and a conviction bars the defendant from holding federal office. Treason is a rare but extremely serious crime, often punishable by death.
Insurrection, on the other hand, refers to inciting, assisting, or engaging in rebellion against the authority of the United States or its laws. This can include providing aid or comfort to those involved in the rebellion. Those found guilty of insurrection face fines and/or imprisonment of up to ten years.
Sedition is a broader term, encompassing any act that meets one of three conditions: conspiring to overthrow, put down, destroy, or wage war against the government; forcefully opposing government authority and hindering the execution of US law; or seizing or taking possession of government property.
While the First Amendment protects freedom of speech, it does not protect speech that incites violence or is likely to incite others to violence. This includes calls to overthrow the government, which are prohibited.
The designation of any group as a "domestic enemy" is a serious matter, and absent a formal declaration of war, doing so would be an unconstitutional bill of attainder, denying citizens their due process and protections under the Constitution.
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Political parties and patriotism
The concept of a "domestic enemy" of the Constitution is a contentious one, with no clear definition provided by the Constitution itself. It is referenced in the oath taken by all commissioned officers and members of the Federal government, which includes the phrase "support and defend the Constitution of the United States against all enemies, foreign and domestic".
While the exact interpretation of a "domestic enemy" is debated, it is clear that allegiance and patriotism should be to the Constitution and the country, not to a political party or individual. Thomas Jefferson recognised that partisan politics were inevitable in a democracy, and Americans have historically grappled with balancing party interests with the broader national interest.
This challenge persists today, with political parties often accusing each other of being "enemies of the Constitution". Negative perceptions of the opposing party are prevalent, with majorities in both the Republican and Democratic parties viewing the other as more closed-minded and immoral than other Americans. Republicans are significantly more likely to see Democrats as unpatriotic (63%) compared to Democrats who view Republicans as such (23%).
However, it is important to recognise that patriotism should transcend party politics. As Senator Margaret Chase Smith stated in 1950, "it is high time that we stopped thinking politically as Republicans and Democrats about elections and started thinking patriotically as Americans about national security based on individual freedom". Theodore Roosevelt also emphasised that "patriotism means standing by the country, not the President or Public Official".
In conclusion, while the term "domestic enemy" may be open to interpretation, it is clear that the loyalty of citizens and officials should be to the Constitution, the country, and the rule of law, rather than to any political party or individual. Political parties and patriotism should be independent of each other, with the country's interests always coming first.
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Democracy preservation
Despite this, the country has witnessed efforts to undermine its democracy, with the 2020 presidential election being a notable example. Political actors sought to cast doubt on the outcome, exploiting fears about liberty and flouting public health guidance. There were also attempts to suppress the votes of underrepresented communities. These actions threaten the United States' ability to thrive and are considered by some as a form of treason.
The events of January 6, 2021, further highlighted the dangers to democracy. A mob, spurred by then-President Donald Trump, stormed the Capitol in an attempt to halt the transfer of power and prevent Congress and the Vice-President from certifying the election victory of Joe Biden. This was an assault on the Constitutional process, with rioters resorting to violence, sedition, and insurrection.
To preserve democracy, it is essential to ensure that Constitutional events like elections, vote certification, and confirmation hearings occur safely and routinely. The justice system and public officials must also uphold the law and hold accountable those who violate it, including those in positions of power.
Preserving democracy requires constant vigilance and a commitment to the values enshrined in the Constitution. It is a collective responsibility to ensure that the country remains true to its founding principles and protects the rights and freedoms of its citizens.
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Frequently asked questions
The Constitution gives no definition of a domestic enemy, and there is no consensus among experts. At the very least, a "domestic enemy" is someone who commits "treason," "insurrection," or "sedition."
The short answer is not the Chairman of the Joint Chiefs of Staff or any other member of the armed forces. The longer answer is more complicated. Aside from the oath of office, the concept of "domestic enemy" does not appear in federal law.
The oath of office is a promise to "support and defend the Constitution of the United States against all enemies, foreign and domestic." It is taken by all commissioned officers and members of the Federal government.
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