Oaths Clause

Arguing that, at the Founding, the Oaths Clause was understood as placing an affirmative duty on state officers to execute federal law in addition to their duties with regard to state law.

Concluding that the Oaths Clause does not require delegates to the Electoral College to take an oath to the Constitution.

Concluding that the Oaths Clause was, instead of being merely ceremonial, intended to oblige all public officials taking the oath in aid of the Constitution as part of a broader effort to ensure fidelity to the national government following the Articles of Confederation. Arguing further that the the Oaths Clause placed an affirmative duty on these officials to support the Constitution pursuant to the Framers’ belief that omission to support would be detrimental to the new nation. Contending that the term “support” in the Oaths Clause indicated a duty to assess the constitutionality of one’s public acts, such as drafting legislation.