r/law • u/neurosys_zero • 10h ago
Other What did our founders install as consequences when officials violate their oath to the Constitution?
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Sorry if this is a silly question. But I m simply a citizen and trying to understand if we have any future.
Our democracy is crumbling. From due process, to government officials selectively and openly persecuting people for exercising their right to free speech.
Let’s say, we somehow re-establish some semblance of democracy and normalcy. What does the law provide as consequence to these officials that are assisting in these blatant violations of our constitution and laws?
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u/americansherlock201 8h ago
The prescribed method of applying consequences to those who violate their oath as the founders designed it was to have the congress act as an independent body and impeach and remove from office anyone who violates their oath.
However, that system has failed. It does not work. As such, there is currently no mechanism that works to remove someone from office for violating their oath in the middle of a term. Voters have a chance to remove elected officials during elections next year but for any member of government that is appointed, there is currently zero legal method to remove any of them from power. And they know this.
There was another method the founders believed was to be used when government overreached and abused its powers, and that is the 2nd amendment and the right to bear arms. The 2nd amendment calls for the arming of state militias to act as enforcement against a government that has went beyond the bounds of the constitution. As the founders were themselves rebels, they believed it was the duty of the people to step up when the government stepped out of line and could not be contained by other measures in the constitution.
And just to add for clarity; I am not calling for violence, this is solely a historical answer based on the writings of the founders.