CHAPTER THREE. Loyalty Oaths: The Creedal Affirmations of Constitutional Faith

2011 ◽  
pp. 90-121
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1968 ◽  
Vol 77 (4) ◽  
pp. 739 ◽  
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1952 ◽  
Vol 62 (11) ◽  
pp. 164
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Author(s):  
Sanford Levinson

Chapter 3 considered the merits of loyalty oaths in general. It left unexamined an assumption of the debate about requiring such oaths—that they have some genuine content. This chapter examines that assumption: What exactly is one affirming when pledging loyalty to the Constitution or announcing one’s “constitutional faith”? It is possible that the national covenant is without content, or at least is unspecifiable? The chapter includes an intensive examination of one particular case requiring what might be termed as a “meta-analysis” of the Constitution. The subject matter of the case involves the meaning of the “attachment” to the Constitution required in order to become a naturalized citizen of the United States.


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