His loyalty is to the Constitution, not to this government: Village Councilman refuses to take oath of office
Village Councilman refuses to take oath of office
Associated Press
April 11, 2006
Basil E. Dalack
TEQUESTA, FLA -- If you elect a person to office, would you expect that person to support the government?
An appellate lawyer, elected to the Tequesta Village Council, is refusing to take an oath of office because he refuses to say that he supports the 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.”
No oath, no office.
But Basil E. Dalack, 76, says the oath of office is unconstitutional because it supports the federal government. He doesn’t.
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.
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.
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 says that “no citizen of the United States should be required to swear to support the government” and that he refuses to support a government that has “immoral and unlawful policies.”
In order to change the wording of the oath of office, an amendment to the city charter would be required to be approved by city voters, an act which does not seem to have much support.
Dalack had taken the oath without objection in 1999 when he was first elected to the council. He was defeated in his reelection attempt in 2003 and ran uncontested in February for a seat on the council which had been vacated by a death.
During the March council meeting, Dalack had proposed a resolution calling for the impeachment of President Bush and Vice President Dick Cheney for alleged war crimes. He also proposed a council resolution for troop withdrawal from Iraq.