The United States Constitution and The Hypocrisy of the American Oath: January 6^th Raid on The Capital

Abstract

The purpose of this article is to discuss the hypocrisy of American ethics. This hypocrisy allows certain members of our society to breach their ethical duties and responsibilities without concern for the collective or regard for the oaths they pledge. This hypocrisy wields great power that continues to support the systemic discrimination that will be the downfall of this Country. By analyzing the January 6, 2021, raid on the Capital, we will examine how government officials and American citizens disregarded their oaths and committed unethical acts to overthrow the government. They used the American flag, that they pledge their lives in the name of Democracy, as a tool to incite violence and insurrection. Analysis of this incident clearly reflects that this selective application of ethical responsibility allows some government officials and members of society to commit violent acts against the government officials, institutions, and its citizenry, without the same criminal reprisal other Americans endure.

“Woe to you, teachers of the law and Pharisees, you hypocrites! You are like whitewashed tombs, which look beautiful on the outside but on the inside are full of the bones of the dead and everything unclean.”

—Matthew 23:23–39

Ethics, not unlike race, is a social construct that is often used by underdeveloped members of humanity to oppress and justify malintent. Most of us have been socialized to limit our behavior based on morals. For instance, the Christian religion teaches us to love our neighbor, be kind to others, and to turn the other cheek. The idea of treating others with kindness is a condition of how the race is socialized. We are expected to practice this concept as we move through the American power structures, but while we discuss and take proactive measures to be “moral,” we quietly witness contradictions on the other side of the ethical fence. We watch as the underdeveloped members of society flourish, as their malcontent chew away at the ideals of American morals. It is not unusual for us to see flagrant displays of unethical behavior, particularly those involving the powerful oppressing those who volunteer to be powerless. Yet in other instances, America has witnessed a healthy display of police misconduct that has been justified by unethical construction and enforcement of rules of law and government policies. We watch as unethical behavior goes unremarked or unquestioned. The strong disrespect for the idea of ethics in this country, from my perspective, is clearly purposeful. Like the social construct called racism, the idea of ethics is ingrained in our culture, but the power structures that control our culture and perverts America’s ethical idealism prevail.

Ethics is a major part of our lives. Many people, like the wall climbing new Patriots of January 6, 2021, knowingly or unknowingly pledge oaths regularly. The problem is that many people swear the oath and never abide by the oath pledged. Normally, ethics is embodied in oaths. Oaths require the actor to swear to God (or to some authority or promise) and take sincere action and complete the ethical intent.

Additionally, it is clear to me that many of us use the word “ethics” without understanding its true meaning. Or the meaning is intentionally clouded to provide cover for immoral behavior. Sometimes ethics is confused with morals and values. Morals indicate what we as a collective group consider as good or injurious behavior (i.e., ethical judgement), while values define an individual’s opinion of what is morally right or wrong. The collective is supposed to decide which behavior should be considered ethical or unethical, good, or bad; and these decisions are made for the welfare of the masses. Ethics, morals, and values evolve through (supposedly) creating equity and demanding integrity from and for our collective, but often the behavior the oath creates conflicts with the concerns and needs of the social consciousness.

Ethics often signifies a promise made, and promise requires a commitment and an action. Ethics requires that the individual making the promise must believe in ethical consideration. The actor’s belief will drive him/her to uphold the promise embodied in the oath. Ethics requires the actor to effectuate her duties responsibly and with equity, but it only has meaning if the person acting upon her promise fulfills it with some degree of integrity.

Actions related to ethical behavior can require truth or integrity. And this is where things become problematic. Many people in positions of power and authority have no integrity. They lie, cheat and steal. Nevertheless, they are endowed with the power to make decisions that will benefit them personally and impact the collective (usually) in an unbeneficial way. The implications of the terms’ purpose can also be used to mislead, oppress, and control.

“Collective Equity?” “Responsible?” While the U.S rule of law and the Constitution might imply collective equity in action, those responsible for creating and executing the laws and policies of this Country clearly treat their ethical duties with the subjectivity of a moral duty. Elected officials have sworn an oath of office and are responsible for protecting the unalienable rights of all Americans. Politicians take an oath to serve their constituency, not to impose their personal morals and values on those that elected them. When elected, the People place their trust and rights in the hands of these sometimes-incapable politicians. In turn, after the oath has been taken, some of these politicians violate their oath of office. They squander our trust, abuse their authority, and controvert our rights. These particularly important decisions made by politicians should not be based on their moral understanding of the world, but on the oath, they have taken to conduct themselves in accordance with the Constitution and within the boundaries of their professions.

The Oath is in place to temper the authority of those holding positions of power. The ethical oath is in place to remind the person taking the oath that they have a responsibility to someone other than themselves. Their responsibility is to uphold the laws and policies of the collective body rather than themselves. But some take the Oath having no intention of upholding the needs of the people. They take the Oath to feign allegiance to the Republic, only considering themselves and not the needs of the people. Ideally, they are accountable to the people, not to their own personal gains, but the oath means little as many Congress members violate their ethical duties by building wealth in the shadow of public service.

Members of the State Legislature and all public officers, executive and judicial, must take and sign the oath required by State laws and the Constitution before they commence their duties. Most Public Officers are required to take and file the oath required by law before he or she performs official duties: the law addresses the procedures for administering oaths of office and specifies the public office in which such oaths must be filed.

This oath is then filed with the Secretary of State. State officers include the Governor, Lieutenant Governor, Attorney General, State Comptroller, members of the Legislature, justices of the Supreme Court, Regents of the University, and officers appointed by a state officer or the Legislature. For instance, the “Civil Service Law Section 62 requires every person employed by New York State or any of its civil divisions, except an employee in the labor class, prior to the discharge of his or her duties, to take the oath required by the New York State Constitution.”

Most Oaths require its affirmer to promise to uphold the tenants of the United States Constitution. Oaths imply that the U.S. Constitution is an ethical document that should be and often is held in high regard. The Constitution is the foundation of many laws and administrative policies. The oath taken is a promise to uphold the ethic as witnessed by God.

Most government employees also take ethical oaths as a condition of employment. Many individual professions require an oath because of the Constitutional implications of their authority. Law Enforcement, Prosecutors, Court Officers, Corrections, Judges and Non-Law Enforcement Employees all take oaths as a condition of employment.

Professional ethics encompasses the personal and corporate standards of behavior expected by professionals in the workplace. The concept of ethics and professionalism has a secular origin. The Hippocratic Oath, which is still imposed upon physicians today, is one of the earliest examples of professional ethics. As the concepts progressed it was applied to several other professions: Divinity, Law, Military, and Medicine.

The oath serves as a check on those professionals with exceptional skills. Most professionals have a knowledge not widely known by the public. The various levels of government and specialized organizations impose administrative boundaries and monitor how Professionals can use their skills. Ethics asserts that the professional has knowledge and skill that will enable them to make sound judgments, applying their skills competently, and reaching informed decisions in situations that the public cannot.

Like other professionals, Police Officers have an oath they must swear before they become officers of the government:

“I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States 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 purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So, help me God.”

As has been made clear, this oath, without regard, continues to be violated without concern or substantive reprisals.

On January 6th, the world watched in sobering disbelief as self-proclaimed “Patriots” attacked the United States Capital building. In clear violation of federal and state laws, they broke in, entered, trespassed, and stole from the building that represents our Country’s long-standing idea of Democracy. This insurrection was an affront to the flag for which they claimed they would kill and die. In the middle of the day, glaring at their television sets, America (and other nations around the world) watched incredulously as the Patriots climbed up the side of the Capital building. They used whatever tools they could find to break down the Capital doors. They ran through the Great Hall with glee. That day the vibe was all triumph as the American saviors memorialized their conquest on camera phones, social media, and billions of television screens across the world.

We watched the Patriots loot and steal from the Senate and Representatives Houses and various other offices of Congress. We were riveted while watching members of the Capital police trying to protect themselves and members of Congress. Later seeing Eugene Goodman bravely lead the Patriot mob away from the fleeing Congress members. Mr. Goodman’s risk was greater than most under those conditions because many in the crowd of Patriots held great animosity against people of his color. Some viewers filled with terror as America watched one Officer cringing in pain as he was trapped in a revolving door. At that point, on that very day, America became a victim of its own wanton violence. The great world power was now vulnerable, appearing powerless and displaying the secrets of its hypocrisy. Now, those accustomed to lopsided control and exacting terror are wading in their own pool of violence. On that day, the threat and fear of violence became all too real for Congress and certain factions of privileged America.

During the impeachment trial we listened to Jamie Raskin, the U.S. Representative for Maryland’s 8th Congressional District. He spoke with great fear as he recalled his experience. His daughter and son-in law were visiting the Capital that day, when the terrorist attack occurred, they both hid in a locked room fearing for their lives. Raskin recalled a sound he said would never forget, a loud pounding on the door he described as sounding like a battering ram. His story is similar to those who describe what the Ku Klux Klan sounded like as they arrived in the middle of the night, whooping and hollering in their patriotic white gowns, glowing in their flames of hate. The violence I have endured during my lifetime, and the violence my ancestors lived through became real to America and the World. Suddenly we were not in Alabama or Mississippi or a New York City boardroom. We were in the birthplace of racism and violence – and the Congress that continues to perpetuate the fraudulent ideals of their Founding Fathers.

On that cold January day, we watched Nietzsche’s Supermen riding the crest of their Manifest Destiny moving hypocritically as they embraced the red, white, and blue of the American flag. They called each other Patriot and proudly violated their allegiance and laid siege to the foundation of the Republic to which they stand.

“I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.”

The Pledge of Allegiance of the United States is an expression of allegiance the republic of the United States of America. This is the same flag that was waved proudly as the Patriots breached the Capital and killed Capital police officers; effectively violating the oath they promoted to justify the insurrectional breach. The same pledge that we all are charged to take when we attend these innocuous sporting events, Ku Klux Klan meetings and contractually obligate when we an individual engages in government employment.

After the Civil War, the Pledge of Allegiance was put in place to impose loyalty on those who lived in the Republic. To effectively control the population of newly freed slaves and immigrants, swearing oaths to the federal government was imposed upon the growing culture. The imposition of an oath resulted from the old immigrants questioning the loyalty of the new immigrants. Francis Bellamy, the father of this pledge, expressed his fear and intention to control by stating that “Americanism ... must be made a force strong enough to touch the immigrant population which is pouring over our country.”

The Pledge includes the very hypocritical phrase, “with liberty and justice and all.” Bellamy, the author of the pledge, was an advocate for segregation and an opponent of immigration. This Pledge was imposed during an era when women could not vote, lynching of Black Americans were common, and homosexuality was illegal. It is clear the foundation of tis Pledge was not to promote justice for all - but to further the inequitable unethical goals of the American hypocrisy.

In 1943, the case of West Virginia vs. Barnette was brought to the U.S. Supreme Court after some Jehovah’s Witnesses objected to laws requiring the pledge’s recital on religious grounds. The court ruled such laws to be unconstitutional. Justice Robert Jackson wrote, “If there is any fixed star in our constitutional constellation, it is that no official, high, or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein. If there are any circumstances which permit an exception, they do not now occur to us.”

In 2002, the 9th Circuit Federal Appeals Court struck down a 1954 law that added “God” to the Pledge of Allegiance. By using the term or religious refence of “God” the Pledge of Allegiance directly violates the first amendment of the Constitution. This amendment clearly states that the government cannot endorse religion. To eradicate the religious implications only strengthened the ability to controvert the execution of the Pledge.

But today we see how those in positions of power are implementing laws that clearly do not promote justice for all. These unethical laws are yet continued attempts to divide and conquer based on one membership in a protected class.

As I sat and watched the images flash across the television, it all became much clearer. I am sure many of these Patriots who were current and former members of law enforcement and the military. Men and Women who pledge allegiance to the flag daily. Many of us as a condition to local, state, and federal employment sign an Oath of Allegiance. The majority of those arrested and charged are former members of the military and other law enforcement organizations. Most of these Patriots stood proudly before the beginning of a sporting event and pledged the flag proudly. I would guess many of these are the same Patriots that would kick the shit out of anyone that attempted to burn the flag. Are these the same guys that would start a riot if someone took a knee during the National anthem?

But on that crazy January day the pledge, the oath that binds the Republic and represents the ethics of American ideals would not stop these Patriots from expressing their disdain for their Country they pledge their allegiance. The same Country from which white privilege espouses with great wealth and folly. This so called great American nation, whose Patriots have been bestowed the powers to kill, rape conquer, destroy in the name of God and the Republic. Not long ago we watched America use military force against Black Americans who chose to peacefully march on the Capital, in an effort to be acknowledged by their fellow citizens. They did not climb buildings, construct a hangmen’s noose, or break windows. These Black people were met with a most magnificent show of military force; unlike our Patriots. All these Black people wanted to do was to beg the Republic to give them their unalienable rights. Those rights that will magically make Black people whole. For generations, Black people have faced death, subjugation, caste, violence, and terrorism in an effort to obtain rights that are not white peoples to give. These unalienable rights, these laws that really do not exist in the Constitution; they only exist in God’s word and wrath.

Ethics are a part of the Americas oppressive machinery. Oaths are nothing more than tools of manipulation used by the oppressors to control the threat of one humanity. Pledges of loyalty exploit the diversity of culture and placate “their” innate fears- and greed. Ethics are imposed upon the masses, then conceptually and selectively applied depending on a person’s membership in the protected classes. That is how everything works in this great land of Patriots; now you see it, now you do not. Magic. This smoke show helps to advance the real goal of Ameriikan culture – Capitalism and its little brother fear.

On that terrifying day, America realized that we are a Country where everyone and anyone can be a victim. The hangman’s noose shoddily constructed outside the Capital. Chants to kill the Vice President and the Speaker of the House. No one was safe. White on white crime. We experienced the vulnerability of their democracy; we saw the reality of an American implosion. The fragility of democracy was more palpable than we have ever witnessed. People of color in this Country are accustomed to this violence – for many of us it is generational. Being a part of a protected class means at some point you will be or have been subjected to the violence perpetrated by these types of American Patriots. But while the white and powerful fuck each other in the dark dens of capitalism, we have never seen them fight each other in broad day light.

This seditious behavior personified not only the overt disparity of the government; but it made clear that unethical behavior does not bound those in position of power and authority to the oaths they swear. We watched as Patriots used their white privilege to commit the high crime of treason, spit on Democracy and rattle American to its unethical core. Without reservation, white Judges released many of these white traitorous criminals on bail. While Kalief Browder, a young black man, sat in jail for three years for the alleged theft of a knapsack. Mr. Browder could not afford bail. His charges were later dismissed for lack of evidence. The violence he experienced while incarcerated for a crime he probably did not commit drove him to suicide.

Domestic terrorist calling themselves Patriots, being assisted by a few members of Congress, the former President, and some members of law enforcement, all who took oaths to protect and defend the Country and our Constitution. The former President commanding the Patriots to commit insurrection; while he used Twitter to espouse his great love and affection for his Compatriots. We listened to the now former President, who took an oath to protect the American people and uphold the tenants of the U.S. Constitution flagrantly use inflammatory speech to incite a riot and controvert the foundations of Democracy.

Some Republican members of Congress arguing the President’ “impassioned” speech should be protected by the First amendment of the Constitution he violated. While Brandenburg v. Ohio, 395 U.S. 444 (1969), a United States Supreme Court landmark case held that the first amendment does not protect inflammatory speech when it is «directed to inciting or producing imminent lawless action and is likely to incite or produce such action». The application of law to fact clearly proves that the rhetoric espoused by the former President and the other members of Congress, is not protected speech, and did incite the attack on the Capital. This irresponsible, unethical behavior resulted in seven people dead, and fifty law enforcement injured. This includes the murder of Capital Police Officer Brian Sicknick.

While Trump led his group of Patriots to violate their ethics and moral obligations and duties to this Country – he breached the oath of office he forgot about during his inauguration. The President of the United States takes an oath and either affirms or swears in accordance with Article II, Section 1 of the U.S. Constitution the following:

“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

Trumps unethical, unprofessional behavior was a clear violation of his oath of office and bordered on criminal behavior. During his four-year tenure, this former President is also indirectly responsible for many hate crimes, deaths and the victimization of many black people and other members of this Country’s protected classes. This past President without concern, disregarded the oath of office he swore and waged war on the already unstable foundation of America. He repeatedly violated his oath of office, without any repercussion. Congress watched, confused, frightened, cowering in the former Presidents oddly imposing figure. He espoused racist, sexist attacks on many members of Congress, he even referred to his Vice President in an extremely derogatory fashion. Many members of Congress deemed this behavior as ethical-proper for the leader of the free world.

The attempted coup on the Capital and other local governments and institutions in America over the last year, has clarified how white nationalism has become tolerable; and how ethical behavior only applies to some and not others. The Patriots no longer hide like roaches waiting patiently for the lights to go out to overtake the kitchen. America has no more moral Raid and the roaches have run free, even in the light.

After the Emancipation Proclamation, the Patriots realized they would never lose again. They had lost their human property, their psychological chattel – their ability to control. The then Democrats determined to maintain their power realized they must control the government, law enforcement and other American power structures. These Patriots, feigning equity, created unethical laws and policies which subverted the rest of the ethical ideals left. Our unethical Congress created Jim Crow. The 13^th amendment, which takes away slavery and then re engages if a person of color is charged with a crime. The lopsided and segregationist Civil Rights Act – which further separates the race and alludes to one group having more power over another. These unethical policies continue to facilitate the Patriot’s ability to manipulate and oppress. The constitution was amended to reflect an ethical duty to legislate equity – the Bible said all men were created equal. But what was being enforced was a new very sophisticated form of oppression; cloaked in earnestness and consideration.

The meaning of the word race was controverted to create the concept of protected classes. He idea of a protected class suggest people are not a part of the American collective. It further suggests that members of this class should be treated differently because they are not a part of the only existing race. It further conditions people who are characterized as “minorities” to believe they are less than. While we believe we have overcome, finally we have the oppressor listening – they are creating these unethical laws that serve to manipulate the laws that do not effectuate equity but continues to support the real American lies; and further displays the lack of morals, ideals, and ethics this Country truly maintains.

These Patriots have a solid foundation in our local, state, and federal government, military, law enforcement and many other power structures that hold the keys to control our society. They have created laws to protect their powers but fail to indulge the misinformed crime of the “minorities.” This explains how their special oath gives law enforcement the right to hunt black people like animals; without reprisal. The incident at the Capital has shown us that ethics embodied in oaths mean absolutely nothing when they are being effectuated by the insecure and weak. Oaths are ignored, abused, manipulated, misused to oppress, and control those who for some reason make some people feel inferior.

It took the FBI only several days to arrest and produce indictments when these Patriots attacked the still predominately white Congress. Conversely, when the Patriots commit hate crimes and acts of terror against people of a so-called protected class, the criminals and their hate is initially sensationalized by the media. As Judges and Prosecutor, who also pledge oaths take responsibility to further process these cases – the story grows silent. The media is no longer following the story. Murders are quietly extended bail. Prosecutors move into indictments, grand jury proceedings and trials. Judge’ now have the power to sentence – things continue to move as the story falls silently into an extended media abyss of Americas memories. We watch, struggling to recollect as many victims as possible and their families are left with no justice or peace. They are left with the sticky residue of the Trick bag by product.

Without much notice many of these the Patriots cloaked in the cloth of law enforcement silently escape justice, while hiding behind some obscure law or immunity or more insidiously the little blue line of “Brotherhood.” Or they are protected by the Judge or Prosecutor who shares the same ideals and goals of the Patriots. While we focus on unethical behavior, that questionable behavior of the Court system goes unchallenged.

The Patriots crying and whining on the steps of the Capital because America has treated them so unfairly. Their only goal is to protect the power of the “Brotherhood” at the expense of the oath they swore to take. Six months later, the story has been controverted to justify the unethical behavior of the right- wing groups that terrorized Congress. The media and even many of the extremist groups admitted to their participation and waved banners displaying their affiliation. Today the Congress and these terrorists have concocted an obvious lie to justify their unethical behavior.

Albert Einstein said, “Unthinking respect for authority is the greatest enemy of truth.” We take an oath to uphold the truth, the Constitution, and the laws of the land.” But this incident, and many other incidents Americans have experienced and witnessed individually and as a community have clearly display the disrespect many people hold for responsibility of upholding societal ethics. While ethics await actions, as they are embodied in oaths, we see ethics are only acted upon when it is convenient or as an option, a tool of persuasion, a mode of oppression and sometimes not at all. Ethics do not work without the actions of an individual. When we combine the morals, values, and ethics of an individual with the responsibility of effecting the ethical oath – sometimes the stew becomes mud.