For more than 100 years, California had a perfectly good oath of
office.
That 1849 oath read:
”
I do solemnly swear (or affirm, as the case may be) that I will
support the constitution of the United States, and the constitution
of the state of California, and that I will faithfully discharge
the duties of the office of _________, according to the best of my
ability.
”
For more than 100 years, California had a perfectly good oath of office.
That 1849 oath read: “I do solemnly swear (or affirm, as the case may be) that I will support the constitution of the United States, and the constitution of the state of California, and that I will faithfully discharge the duties of the office of _________, according to the best of my ability.”
Then came the Cold War and widespread fear that radicals were joining “subversive” organizations and infiltrating the government. The oath of office was changed to become a loyalty oath, and many laws were introduced targeting public employees. That era is long over, but the fear-inspired laws remain on the books.
Legislators always should have an eye to repealing obsolete laws, and this era’s excessive laws should be a prime target. These remnant laws assert that California “faces a clear and present danger” that Communists will “infiltrate and seek employment” in public jobs so they can “establish a totalitarian dictatorship.”
It’s a small step, but the Legislature has passed a bill (Senate Bill 1322 by Sen. Alan Lowenthal, D-Long Beach, on a 22-13 vote in the Senate and a 41-31 vote in the Assembly) that would repeal some elements of this Cold War-era excess from California laws.
California is the only state that allows public employees to be dismissed for membership in a political party. Lowenthal’s bill would end that for public school employees, deleting membership in the Communist Party as a reason for dismissal. Of course, those who act to overthrow the government by force or violence could still be dismissed, no matter what their political affiliation might be.
As for the recent California State University controversy over Quakers who said they would defend the U.S. and California constitutions “nonviolently,” Lowenthal’s bill allows public employees to decline to take the oath based on religious beliefs.
These small steps send a message that citizens don’t have to give up basic constitutional rights to take jobs with the government.
Gov. Arnold Schwarzenegger should sign SB 1322 and then work with legislators to restore the simple, straightforward 1849 oath of office to the California Constitution.
This editorial first appeared in the Fresno Bee on Aug. 14.
