Friday, April 14, 2006
Village Councilman refuses to take oath of office.
His loyalty is to the Constitution, not to this government:
In Florida, prior to performing the duties of public office, the public officer must take and file an oath of office which states that “I do solemnly swear (or affirm) that I will support, protect and defend the Constitution and government of the United States and the State of Florida.”
State law is very specific that if a public officer does not take and file his oath of office he in essence refuses to serve and vacates the office as a matter of law.
No oath, no office.
Dalack has stated that if he takes the oath, then he in essence is supporting the war in Iraq and the Bush administration which he does not do.
He has sued the municipality in federal court to have the oath declared unconstitutional because he says it violates his right to free speech and denies him, without due process, his right to occupy his elective office. Dalack also wants the words “and government” removed from the oath so that a person doesn’t have to swear or affirm that he or she supports the government.