Why aren't people required to swear on the Constitution in court?

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Permalink Reply by Loren Miller on April 6, 2012 at 6:09am

Interesting concept.  The ONLY place I've seen it used was the movie, Airplane II!

Bro ... was ONNN, didn't trip!  But the folks was Freakin', see, and the pilots, they wuz laid to the bone!

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Permalink Reply by booklover on April 6, 2012 at 9:01am

Lol.  Funny movie Loren. :)

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Permalink Reply by Pat on April 6, 2012 at 7:08am

I don't think anyone should be required to swear on anything. The whole point of taking an oath in the first place was to impress upon the person giving testimony the importance of telling the truth. The Bible was used based on the belief that if you gave an oath to God, and violated it by lying, the consequence would be eternal damnation. Now, we have perjury laws. The importance of telling the truth is impressed upon the witness with the threat of a lengthy prison term should the declarant lie.

My opinion is that the witness should be told, "You understand if you lie, you're going to the slammer. Now, take a seat and tell us what you know."  No magic incantations, or nationalistic symbolism. That simple.

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Permalink Reply by Richard ∑wald on April 6, 2012 at 1:36pm

"I don't think anyone should be required to swear on anything."

Only in the movies and on TV.

Anybody can "affirm" an oath to tell the truth (though it's best to inform the court of preference before proceedings start to avoid risking contempt charges from the more …bigoted judges).

This purely secular form of oath taking doesn't require any book. As the Constitution isn't in any way "sacred" as would be a religious document, one can't "swear" an oath on it, as they could with a bible, talmud or quran.

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Permalink Reply by Jeff Dempsey on June 15, 2012 at 10:49pm

Richard Wald wrote: "As the Constitution isn't in any way "sacred" as would be a religious document, one can't "swear" an oath on it, as they could with a bible, talmud or quran."

 

I think that it all depends on who the person is and what he/she considers "sacred".  To me the bible or any religious documents are not considered "sacred"; especially if one uses said document as a "religious" document!

Now, if someone would want to introduce the bible or church documents for proof of history!  I would consider the document to be "sacred" because of the historical values proving actual events or news!

So, no!  If I was ever called to a court room to swear on a bible or to any god that I will tell the truth; "I will say, "I will not!"  Because, I am an Atheist.

 

I say will pull out a circa 1975 copy of Mad Magazine.  Swear on it while all along playing the square vinyl record that came in that issue!

It certainly is more sacred than the bible!  Lol!

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Permalink Reply by Idaho Spud on June 15, 2012 at 1:03pm

I agree pat.

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Permalink Reply by booklover on April 6, 2012 at 9:01am

I hope that if I were ever in court and asked to swear on the bible, that I would say I am an Atheist, and that swearing on the bible meant nothing to me.  I agree with Pat's comment about not swearing on anything, because there are perjury laws.

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Permalink Reply by John Sizemore on April 6, 2012 at 12:38pm

I completely agree, as a nation and in the situation of federal court, the Constitution should be our most sacred article to swear by. This would be the real separation of church and state.

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Permalink Reply by alistair courtney on June 15, 2012 at 8:16am

I have recently appeared in court in the uk and we are given an option before proceedings. I was the only person not to swear on the bible. Funny thing is that the accused swore on it and lied like a fucker.

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Permalink Reply by Steph S. on June 15, 2012 at 10:18am

I can believe that alistair.

I would request not to swear on the bible myself.

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Permalink Reply by Dr. Allan H. Clark on August 17, 2012 at 9:19pm

I have served on several juries and testified in court a number of times and have never been required to swear on a Bible. A choice to affirm is always offered nowadays. Many courts do not even bother asking, simply saying "Do you swear or affirm that…

You may be surprised to know that even the President of the United States taking his oath of office is permitted to affirm. The words of the Constitution in Section I of Article II are that "he shall take the following oath or affirmation." The reason for this is that Quakers do not take oaths, based on Matthew 5 where Christ says "Do not swear at all."

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Permalink Reply by booklover on August 17, 2012 at 9:28pm

Great.  So even NOT swearing on the bible is religious. LOL

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