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To: Congressman Billybob
Ping to #67.

Aren't members of the Electoral College sworn in under Article VI, Section 3? I vaguely remember something like that. Would that also apply to delegates to an Article V Convention?

68 posted on 04/27/2007 3:45:32 PM PDT by Publius (A = A)
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To: Publius
Interestingly enough, the answer to your question is no. That Article says it applies to "Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States...." So it covers everyone in executive and judicial offices, but it does not cover legislative officials outside the state legislatures.

This would exclude the occasional state or federal constitutional convention, and also the roughly 250,000 local and county officials. It is a matter of tradition, not constitutional requirement, that such elected officials use the same form of oath as all others.

Congressman Billybob

Latest article: "Gun Control, Carolina-Style"

71 posted on 04/27/2007 5:05:31 PM PDT by Congressman Billybob (Please get involved: www.ArmorforCongress.com)
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To: Publius
Title 18, U.S.C., Section 242 Deprivation of Rights Under Color of Law

This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.

Acts under "color of any law" include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under "color of any law," the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.

75 posted on 04/27/2007 6:29:23 PM PDT by tpaine (" My most important function on the Supreme Court is to tell the majority to take a walk." -Scalia)
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