CITES BY TOPIC:  oath

5 U.S.C. Part III, Subchapter A, Chapter 29, Subchapter I: Commissions, Oaths, and Records


28 U.S.C. 453: Oaths of Justices and judges

TITLE 28 > PART I > CHAPTER 21 > 453

453. Oaths of justices and judges

Each justice or judge of the United States shall take the following oath or affirmation before performing the duties of his office: “I, XXX XXX, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as XXX under the Constitution and laws of the United States. So help me God.”


5 U.S.C. 3331: Oath of Office

TITLE 5 > PART III > Subpart B > CHAPTER 33 > SUBCHAPTER II > 3331

3331. Oath of office

An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, shall take the following oath: “I, AB, 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; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.” This section does not affect other oaths required by law.


28 U.S.C. §951: Oath of office of clerks and deputies

TITLE 28 > PART III > CHAPTER 57 > 951

951. Oath of office of clerks and deputies

Each clerk of court and his deputies shall take the following oath or affirmation before entering upon their duties: “I, XXX XXX, having been appointed XXX, do solemnly swear (or affirm) that I will truly and faithfully enter and record all orders, decrees, judgments and proceedings of such court, and will faithfully and impartially discharge all other duties of my office according to the best of my abilities and understanding. So help me God.”


Tax Fraud Prevention Manual, Form #06.008, Section 6.6.12: Oath Taken by federal district and circuit court judges

“I, _______, do solemnly swear and affirm that I will administer justice without regard to persons and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all of the duties incumbent upon me as ______________ under the Constitution and laws of the United States, and 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, and that I take this obligation freely without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office on which I am about to enter.  So help me God.” 

[Tax Fraud Prevention Manual, Section 6.6.12, http://sedm.org/ItemInfo/Ebooks/TaxFraudPrevMan/TaxFraudPrevMan.htm]


8 U.S.C. 1448:  Oath of renunciation and allegiance

(a) Public ceremony

A person who has applied for naturalization shall, in order to be and before being admitted to citizenship, take in a public ceremony before the Attorney General or a court with jurisdiction under section 1421(b) of this title an oath

(1) to support the Constitution of the United States;

(2) to renounce and abjure 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;

(3) to support and defend the Constitution and the laws of the United States against all enemies, foreign and domestic;

(4) to bear true faith and allegiance to the same; and


8 C.F.R. 1337.1: Oath of Allegiance

[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR1337.1]

[Page 1111-1112]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER V--EXECUTIVE OFFICE OF IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE
 
PART 1337_OATH OF ALLEGIANCE--Table of Contents
 
Sec. 1337.1  Oath of allegiance.

Sec.
1337.1 Oath of allegiance.
1337.2 Oath administered by the Immigration and Naturalization Service
          or an Immigration Judge.
1337.3 Expedited administration of oath of allegiance.
1337.4 When requests for change of name granted.
1337.5-1337.6 [Reserved]
1337.7 Information and assignment of individuals under exclusive
          jurisdiction.
1337.8 Oath administered by the courts.
1337.9 Effective date of naturalization.
1337.10 Failure to appear for oath administration ceremony.

    Authority: 8 U.S.C. 1103, 1443, 1448; 8 C.F.R. part 2.

    Source: Duplicated from part 337 at 68 FR 9845, Feb. 28, 2003.

    Editorial Note: Nomenclature changes to part 1337 appear at 68 FR
9846, Feb. 28, 2003, and 68 FR 10360, Mar. 5, 2003.


    (a) Form of oath. Except as otherwise provided in the Act and after receiving notice from the district director that such applicant is eligible for naturalization pursuant to Sec. 335.3 of 8 C.F.R. chapter I, an applicant for naturalization shall, before being admitted to citizenship, take in a public ceremony held within the United States the following oath of allegiance, to a copy of which the applicant shall affix his or her signature:

    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 the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God.

    (b) Alteration of form of oath; affirmation in lieu of oath. In  those cases in which a petitioner or applicant for naturalization is  exempt from taking the oath prescribed in paragraph (a) of this section in its entirety, the inapplicable clauses shall be deleted and the oath shall be taken in such altered form. When a petitioner or applicant for naturalization, by reason of religious training and belief (or individual interpretation thereof), or for other reasons of good conscience, cannot take the oath prescribed in paragraph (a) of this section with the words ``on oath'' and ``so help me God'' included, the words ``and solemnly affirm'' shall be substituted for the words ``on oath,'' the words ``so help me God'' shall be deleted, and the oath shall be taken in such modified form. Any reference to

[[Page 1112]]

`oath of allegiance' in 8 C.F.R. chapter I is understood to mean equally  `affirmation of allegiance' as described in this paragraph.
    (c) Obligations of oath. A petitioner or applicant for naturalization shall, before being naturalized, establish that it is his  or her intention, in good faith, to assume and discharge the obligations of the oath of allegiance, and that his or her attitude toward the  Constitution and laws of the United States renders him or her capable of fulfilling the obligations of such oath.
    (d) Renunciation of title or order of nobility. A petitioner or  applicant for naturalization who has borne any hereditary title or has  been of any of the orders of nobility in any foreign state shall, in addition to taking the oath of allegiance prescribed in paragraph (a) of this section, make under oath or affirmation in public an express
renunciation of such title or order of nobility, in the following form:
    (1) I further renounce the title of (give title or titles) which I have heretofore held; or
    (2) I further renounce the order of nobility (give the order of nobility) to which I have heretofore belonged.

[22 FR 9824, Dec. 6, 1957, as amended at 24 FR 2584, Apr. 3, 1959; 32 FR 13756, Oct. 3, 1967; 56 FR 50499, Oct. 7, 1991]


Oath of allegiance:  Required under 8 U.S.C. 1448 and consistent with Christian beliefs not to take an oath found in Matt. 5:33-37 and James 5:12.


On the Laws of War and Peace, Chapter 13: On Oaths (OFFSITE LINK)


Christians for a Test Oath


28 U.S.C. §1746:  Unsworn Declarations Under Penalty of Perjury

(1)    If executed without the United States:  “I declare under penalty of perjury under the laws of the united States of America that the foregoing is true and correct.  Executed on (date).  (Signature)

(2)    If executed within the United States, its territories, possessions, or commonwealths: “I declare under penalty of Perjury that the foregoing is true and correct.  Executed on (date).  (Signature)


Law Dictionary, Barron's, Copyright 1996, ISBN 0-8120-3096-6, pp. 345-346.

“swearing to the truth of a statement; if one makes a statement under oath and knows it to be false, one may be subjected to a prosecution for perjury or other legal proceedings.  Writings, (e.g. affidavits) as well as oral testimony may be made “under oath.”  Compare affirmation.”

[Law Dictionary, Barron's, Copyright 1996, ISBN 0-8120-3096-6, pp. 345-346.]


Cabell v. Chavez-Salido, 454 U.S. 432 (1982)

The State cannot challenge the appellees' lack of familiarity with local laws or rules. Such a consideration might disqualify nonresident citizens, but not permanent resident aliens who have lived in California for much of their lives. Nor can the State presume that aliens as a class would be less loyal to the State. The Court's rulings in In re Griffiths, 413 U.S. at 726, n. 18, and Hampton v. Mow Sun Wong, 426 U.S. 88, 111, n. 43 (1976), clearly state that one need not be a citizen in order to swear in good conscience to support the Constitution. When these appellees applied for their jobs, they expressed their willingness to take such oaths. One later declared his intent to become, and then became, a citizen. See [454 U.S. 463] 490 F.Supp. at 985, n. 2. Finally, the State cannot claim that, by enacting 1031(a), it seeks to encourage aliens to become citizens. That objective is an exclusively federal interest. Nyquist v. Mauclet, 432 U.S. at 10-11.

[Cabell v. Chavez-Salido, 454 U.S. 432 (1982)]


Matt. 5:33-37, Bible:

  33 "Again you have heart that it was said to those of old, 'You shall not swear falsely, but shall perform your oaths to the Lord.'

  34 "But I say to you, do not swear at all: neither by heaven, for it is God's throne; 35 nor by the earth, for it is His footstool; nor by Jerusalem, for it is the city of the great King.

  36 "Nor shall you swear by your head, because you cannot make one hair white or black.

  37 "But let your 'Yes' be 'Yes,' and your 'No,' 'No.' For whatever is more than these is from the evil one.

[Matt. 5:33-37, Bible]


26 U.S.C. 6065: Verification of Returns

TITLE 26 > Subtitle F > CHAPTER 61 > Subchapter A > PART IV > 6065
6065. Verification of returns

Except as otherwise provided by the Secretary, any return, declaration, statement, or other document required to be made under any provision of the internal revenue laws or regulations shall contain or be verified by a written declaration that it is made under the penalties of perjury.


History of 26 U.S.C. 6065: Requirement for Oath or Affirmation on Tax Return

We have the Federal Register documents that clearly articulates that an "Oath"  Shall not be used on tax returns for Individuals, but the BS jurat can under 26 U.S.C. 6065, but therein lies another problem in that 26 C.F.R. 1.6065 for jurats for the IRS has no statutory authority at the bottom and it isn't listed in the Authorities tables for part 1 to have the force and effect of law.  

But at the bottom of the current 26 C.F.R. 1.6065-1, it does reference in  "[ ]" (information only) that you should look at 25 FR 12108 of Nov. 26, 1960.

 In 25 FR 12132 (T.D. 6500  of November 26, 1960), which is a substantive regulation under the statutory authority of Congress, we find the following, to wit:

Start quote

================

1.6065 Statutory provisions;  verification of returns.

SEC. 6065.  Verification of returns --

(a) Penalties of perjury.  Except as otherwise provided by the Secretary or his delegate, any return, declaration, statement, or other document required to be made under any provision of the INternal revenue laws or regulations shall contain or be verified by a written declaration that it is made under the penalties of perjury.

(b) Oath.  The Secretary or his delegate may by regulations require that any return, statement, or other document required to be made under any provision of the internal revenue laws or regulations shall be verified by an oath.  This subsection shall not apply to returns and declaration with respect to income taxes made by individuals.

===============

End quote

The problem is that the section (b) was taken out of the code in 1976 on October 4 (PL 94-455) and then on October 18, 1976 the unsworn declaration Code magically appeared of 28 U.S.C. 1746, no NEW substantive regulation authority for 26 C.F.R. 1.6065-1 has been put up for the mandatory comment period and made into a new statutory authority.

In the 1 FR 1859 of November 14, 1936 the verification was ONLY by Oath, to wit:

Start quote

=================

ART 51-4.  Verification of returns. -- All income tax returns must be verified under oath or affirmation.  The oath or affirmation may be administered by any officer duly authorized to administer oaths for general purposes by the law of the United States or of any State, Territory or possession of the United States, wherein such oath is administered, or by a consular officer of the United States.

=================

End quote

Then in 1943 the unsworn declaration was used with no mention of the Oath by the notary, etc.

So the real question is that this is confusing to you - right?

The only regulations existing  today that is substantive to mandate the use of the jurat of unsworn declarations  is 26 C.F.R. 1.6065-2T as listed in the current  Part 1 table of substantive regulations, but it doesn't exist today.  The "T" means "temporary" only of the "2T", supra.

26 C.F.R. 1.6065-1 exists today, but the IRS tyrants have hidden the authority by not listing it in the Part 1 table of substantive authorities or at the bottom as some of the substantive regulations do, but only listing the 25 FR 12108 of Nov. 26, 1960 in brackets at the bottom with no mention that all substantive regulations are mandated to use "Authority" and then the disclosure with the applicable Code section following.

 So again what is the importance of this?  It lies in the fact for YOU to swear an Oath as being sworn in as in court that the 1040, etc. or by using a notary public for the 1040 under the penalties of perjury as just "true and correct"  puts you in the correct VENUE and Status under the protections of the 5th Amendment to not give evidence against yourself and this CAN NOT BE COMPELLED.

But in the Land of Oz, you can as the fictional status of a  "citizen of the United States" use the Unsworn Declaration and you have NO 5th Amendment protections secured in the Federal Constitution. 

 To have the two different issues side by side is UNBELIEVABLE of the Oath and Unsworn Declaration.  I have known for a long time that the unsworn declaration was BS and the Feds use this all of the time on their pleadings, but I could not prove it, but now mister IRS agent, DoJ attorney or judge, will you compel me in open court to swear under Oath or under the use of a Public Notary in and for one of the several States concerning the 1040 that everything is true and correct?  In fact mister impostor judge, I would like you to personally mandate that I be sworn in under Oath right now and I demand that you do the swearing in of me in open court on the issue of the 1040 being true an correct and that you ORDER me to swear that the all of the facts and the 1040 is true and correct under the penalties of perjury.

 Also in the 26 C.F.R. 602.101 for the OMB numbers  under the Statutory Authority of 7805 (at bottom of regulation above the [ ] TD stuff and to meet the requirements of the PRA, we find  for the regulation 1.6065-1 is for ONLY for corporations, being the form with 1545-0123.

 You can't be compelled to give evidence against yourself and this is the reason for hiding the "Oath" of the substantive regulation of 1960 - 25 FR 12132.

This probably seems quite confusing to most, but I will address it later today or tomorrow when I have more time and attach some of the documents for the special list.