Foreign Enemies Of The Constitution: Who Are They?

who is a foreign enemy of the constitution

The phrase enemies, foreign and domestic was added to the oath of enlistment in 1862 for officers and civil servants in the US government, military, and Congress. The oath is a promise to support and defend the Constitution of the United States against all enemies, foreign and domestic. While the concept of a domestic enemy is not defined in federal law, it is generally understood to refer to those who revolt against civil authority or support a rebellion against the government. On the other hand, a foreign enemy is an external threat that may be known or unknown.

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Foreign enemies are those who have borne arms against the US

The concept of a "foreign enemy" is closely tied to the oath of office and enlistment in the United States, which includes the phrase "all enemies, foreign and domestic." This oath, sworn by members of Congress, military officers, civil servants, and enlisted members of the armed forces, pledges support and defence of the Constitution of the United States against these enemies. The specific inclusion of "foreign" enemies highlights the recognition of external threats to the nation.

Foreign enemies, in this context, can be understood as those who have borne arms against the United States. This interpretation is reflected in the oath itself, which includes a denial of having "borne arms against the United States" and of having aided or encouraged "persons engaged in armed hostility" towards the nation. Thus, the act of bearing arms against the US is a defining characteristic of a foreign enemy.

The oath also mentions refraining from supporting any "pretended government, authority, power, or constitution within the United States, hostile or inimical thereto." This suggests that foreign enemies could also include those who actively support or engage with hostile entities or governments that pose a threat to the US.

It is worth noting that the interpretation of foreign enemies as those who bear arms against the US primarily focuses on external armed conflict. However, the oath's reference to ""armed hostility" could potentially include other forms of armed aggression or hostile actions beyond traditional warfare.

While the definition of a foreign enemy is centred on the act of bearing arms or engaging in armed hostility, it is important to recognise that the specific entities or individuals deemed as foreign enemies may evolve over time. For instance, the Confederacy during the Civil War would likely have been considered a foreign enemy, as they engaged in armed rebellion against the US government.

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Those who have counselled or encouraged persons hostile to the US

The concept of a "foreign enemy" is not a clearly defined term in US law, but it is often referenced in the oath of office for various government officials and members of the armed forces. The oath includes a pledge to "support and defend the Constitution of the United States against all enemies, foreign and domestic". This oath is taken by the President, members of Congress, military officers, civil servants, and enlisted members of the armed forces.

While there is no precise definition of a foreign enemy, it generally refers to individuals or entities that pose a threat to the United States from outside its borders. This could include foreign terrorists, hostile foreign governments, or other external actors with malicious intentions towards the US.

One example of efforts to protect the US from foreign enemies is the implementation of restrictions on the entry of certain foreign nationals into the country. These restrictions, imposed by the Trump administration, aimed to safeguard national security and prevent potential threats from entering US borders.

In addition, the US government has screening and vetting protocols in place for visa adjudications and immigration processes to identify and prevent the entry of foreign nationals who may pose a threat to national security or public safety. These protocols are designed to detect individuals who may commit, aid, or support acts of terrorism or other criminal activities that would harm American citizens or national interests.

Beyond these examples, the classification of a foreign enemy is subjective and dependent on the specific context and circumstances. It is a broad term that encompasses any external entity or individual that poses a significant threat to the United States, its Constitution, or its people.

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Those who have accepted functions of any office under any authority hostile to the US

The concept of a "foreign enemy" is an important aspect of the United States' defence and national security strategies. While the term itself may not be explicitly defined in federal law, it is often referenced in oaths taken by government officials, military personnel, and civil servants. The oath, as specified in Article II, Section 1, Clause 8, includes a commitment to "support and defend the Constitution of the United States against all enemies, foreign and domestic". This oath is taken by the President, members of Congress, military officers, and civil servants, with slight variations.

The inclusion of "foreign enemies" in the oath recognises the need to defend against external threats, which are often a primary focus of defence assets and strategies. This defence against foreign adversaries is a critical aspect of maintaining national sovereignty and protecting American citizens. The oath serves as a reminder that those in positions of power must prioritise the nation's security and be vigilant against external dangers.

One example of addressing foreign enemies is through immigration and visa policies. Screening and vetting protocols are crucial in identifying potential threats posed by foreign nationals entering the country. These protocols aim to detect individuals who may have malicious intentions, such as committing terrorist acts or posing other safety risks. By implementing stringent vetting procedures, the US government strives to protect its borders and citizens from external adversaries.

Additionally, the concept of a foreign enemy is not limited to individuals but also extends to hostile foreign governments or entities. This includes countering foreign interference, cyberattacks, and economic espionage. US counterintelligence efforts play a crucial role in identifying and mitigating these external threats, ensuring the nation's security in an increasingly interconnected world.

In conclusion, the notion of a "foreign enemy" is a critical aspect of US defence and national security strategies. Through oaths of office, immigration restrictions, and counterintelligence efforts, the US government works to protect its citizens and uphold the Constitution against external adversaries. The defence against foreign enemies is an ongoing and evolving process, adapting to the dynamic nature of global threats.

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Those who have yielded support to any pretended government, authority, power, or constitution within the US

The phrase "enemies, foreign and domestic" was introduced to the oath of enlistment in 1862 for officers. The oath is sworn by every person in the employ of the Federal government, including the President, members of Congress, military officers, civil servants, and enlisted members of the armed forces. While the President's oath does not contain the "all enemies, foreign and domestic" clause, it does include a promise to preserve, protect, and defend the Constitution of the United States.

The oath includes a commitment to "support and defend the Constitution of the United States against all enemies, foreign and domestic." This part of the oath specifically refers to those who have yielded support to any pretended government, authority, power, or constitution within the United States. It is a promise to oppose political reforms outside the Constitution, to remain loyal to the constitutional government, and not to support or engage in rebellion or overthrow of that government.

The inclusion of "domestic" in the oath points to the Civil War and the desire to preserve the Union in the face of internal threats. The Confederacy, which included elected US politicians, was a significant domestic enemy. However, the exact definition of a "domestic enemy" is not clearly defined and is subject to interpretation.

The oath also includes a denial of past support for any pretended government, authority, power, or constitution within the United States. This part of the oath serves as a declaration of an individual's loyalty and their commitment to defending the legitimate government and Constitution.

In summary, those who have yielded support to any pretended government, authority, power, or constitution within the United States are considered enemies of the Constitution. This phrase in the oath of enlistment and federal service underscores the importance of defending against internal threats to the Union and maintaining loyalty to the constitutional government.

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Foreign terrorists and other national security or public safety threats

The order emphasizes the critical role of screening and vetting protocols in visa adjudications and immigration processes. These protocols are designed to identify foreign nationals who may pose a threat to national security or public safety, either by committing or supporting acts of terrorism. By enhancing these protocols, the United States aims to prevent such individuals from entering the country and causing potential harm.

In his proclamation, President Trump acknowledges the consideration of foreign policy, national security, and counterterrorism goals. He takes into account factors such as each country's screening and vetting capabilities, information-sharing policies, and country-specific risk factors. These factors include the presence of significant terrorist groups within a country, its visa overstay rate, and its cooperation in accepting back its removable nationals.

The distinction between immigrant and nonimmigrant visas is also addressed, recognizing that lawful permanent residents may present unique national security or public safety concerns. The United States grants more enduring rights to lawful permanent residents, making it crucial to thoroughly evaluate their potential impact on the country's security and safety.

By taking these proactive measures, the United States government demonstrates its commitment to protecting its citizens from foreign terrorists and other national security and public safety threats. The restriction on the entry of foreign nationals, coupled with rigorous screening and vetting processes, aims to fortify the nation's defenses and ensure the well-being of its people.

Frequently asked questions

"I, [name of enlistee], 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".

Every person in the employ of the Federal government swears an oath to the Constitution. The President takes one variant of the oath, and members of Congress, military officers, and civil servants take a slightly different one. Enlisted members of the armed forces take yet another variant.

There is no clear delineation of what a foreign enemy of the Constitution is. However, it is easy for most people to visualize defending against foreign enemies, and external known and unknown threats.

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