February, 2025
Lincoln — If I were a public official in Nebraska, registered as a Republican, I'd be following events in Washington very closely in case any of President Trump's actions use force or violence to dismantle or replace the U.S. constitutional structure of checks and balances.
This would be with an eye to an oath taken upon assuming office under Nebraska law:
This past week we have witnessed several Trump actions that violate the rule of law, some of which have been stayed by federal judges. If those stays are violated by force or violence, such as preventing federal employees from protecting sensitive personal and national security databases, a line will have been crossed. A legal review service provides this analysis: "In essence, dismantling or replacing the U.S. constitutional structure outside its prescribed legal mechanisms would likely be viewed as an overthrow of the government’s foundational framework."I, .........., do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of Nebraska, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or for purpose of evasion; and that I will faithfully and impartially perform the duties of the office of .......... according to law, and to the best of my ability. And I do further swear that I do not advocate, nor am I a member of any political party or organization that advocates the overthrow of the government of the United States or of this state by force or violence; and that during such time as I am in this position I will not advocate nor become a member of any political party or organization that advocates the overthrow of the government of the United States or of this state by force or violence. So help me God. [Emphasis added]
If we have a constitutional crisis, as seems inevitable, Republican elected officials in Nebraska (and in seven other states with similar laws) may want to change their registration to independent to indicate that they did not sign up for overthrow of this kind, and at the same time remove any question as to whether public actions taken in violation of their oaths are lawful.
When I was a Nebraska state fiscal official, I took the above oath at least twice. If I were still in office and my party registration raised doubts, I'd change it in a heartbeat to be faithful to my oath, or leave my position. So help me God.
