# Congress again forgets what the constitution says **URL:** \ **Category:** The BBQ Pit\ **Created:** [September 6, 2014, 2:33pm UTC](https://boards.straightdope.com/t/congress-again-forgets-what-the-constitution-says/697656 "2014-09-06T14:33:38Z")\ **Posts on this page:** 16\ **Page:** 1
**Author:** ![Monty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/monty/32/47_2.png) [@Monty](https://boards.straightdope.com/u/Monty)\ **Post date:** [September 6, 2014, 2:33pm UTC](https://boards.straightdope.com/t/congress-again-forgets-what-the-constitution-says/697656/1 "2014-09-06T14:33:38Z")
[And this time it’s screwing with someone with the Air Force](http://www.airforcetimes.com/apps/pbcs.dll/article?AID=2014309040066). It’s been a while since I re-enlisted or processed a re-enlistment, but I’m guessing an active duty member of the US Air Force re-enlisting is likely a Staff Sergeant (E-5), at least, on his/her first re-enlistment. So, a faithful (sorry about the bad pun) NCO is being told “Fuck you, you unbeliever” by the government he’s been supporting for a few years already. Nice job, DC! What’s so hard about this, you congresscritters? There’s SOCAS and there’s also this other nifty bit in the Constitution: > [@](#): > > **Artilce VI** > All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation. > > This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. > > The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States. So, according to those jackasses in DC, I guess I wasn’t _really_ a soldier, wasn’t _really_ a Sailor, wasn’t _really_ a witness in two courts-martial after all. Each time I enlisted or re-enlisted, and each time I was a witness in court, I merely _affirmed_ instead of _swearing_. Odd thing is that I didn’t do that because I’m an atheist. To the contrary, I believe in a deity and I also believe that swearing by said deity is offensive to said deity. But, what the hey, those bastards in DC just give a hoot about getting other jackasses to vote for them and to hell with people whose rights disappear, hey? I await informed, intelligent posts from those who understand the issue and, of course, ridiculous uninformed posts from jackasses who knee-jerk like the critters mentioned above. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [September 6, 2014, 2:44pm UTC](https://boards.straightdope.com/t/congress-again-forgets-what-the-constitution-says/697656/2 "2014-09-06T14:44:27Z")
> [@](#): > > The AHA’s letter also called attention to a quiet update last year of Air Force rules governing reenlistments, which now require all airmen to swear an oath to God. > Air Force Instruction 36-2606 spells out the active-duty oath of enlistment, which all airmen must take when they enlist or reenlist and ends with “so help me God.” The old version of that AFI included an exception: “Note: Airmen may omit the words ‘so help me God,’ if desired for personal reasons.” > That language was dropped in an Oct. 30, 2013, update to the AFI. The relevant section of that AFI now only lists the active-duty oath of enlistment, without giving airmen any option to choose not to swear an oath to a deity. Who authorized this update? ---
**Author:** ![Monty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/monty/32/47_2.png) [@Monty](https://boards.straightdope.com/u/Monty)\ **Post date:** [September 6, 2014, 2:55pm UTC](https://boards.straightdope.com/t/congress-again-forgets-what-the-constitution-says/697656/3 "2014-09-06T14:55:57Z")
> [@Czarcasm](#): > > Who authorized this update? It was required by law (as mentioned in the linked article). The option to affirm was removed with the latest change to that law. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [September 6, 2014, 2:57pm UTC](https://boards.straightdope.com/t/congress-again-forgets-what-the-constitution-says/697656/4 "2014-09-06T14:57:26Z")
> [@Czarcasm](#): > > Who authorized this update? Searching…found [pdf of order change authorized by Secretary of the Air Force.](http://static.e-publishing.af.mil/production/1/af_a1/publication/afi36-2606/afi36-2606.pdf) This is Bad Admin, not Bad Congress. ---
**Author:** ![xenophon41](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/xenophon41/32/253_2.png) [@xenophon41](https://boards.straightdope.com/u/xenophon41)\ **Post date:** [September 6, 2014, 2:58pm UTC](https://boards.straightdope.com/t/congress-again-forgets-what-the-constitution-says/697656/5 "2014-09-06T14:58:57Z")
> [@Czarcasm](#): > > Who authorized this update? Pertinent question. Another good one is why is the USAF digging in their heels on this instead of quietly correcting their instruction to allow the secular affirmation? Dumb. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [September 6, 2014, 3:03pm UTC](https://boards.straightdope.com/t/congress-again-forgets-what-the-constitution-says/697656/6 "2014-09-06T15:03:23Z")
> [@Monty](#): > > It was required by law (as mentioned in the linked article). The option to affirm was removed with the latest change to that law. It was clearly unconstitutional and the Secretary of the Air Force took _full_ responsibility when he let it go through. The Administrative branch should never have allowed it. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [September 6, 2014, 3:05pm UTC](https://boards.straightdope.com/t/congress-again-forgets-what-the-constitution-says/697656/7 "2014-09-06T15:05:31Z")
The U.S.A.F. has had scandals in the past concerning Christian partisanship permeating its ranks. ---
**Author:** ![Monty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/monty/32/47_2.png) [@Monty](https://boards.straightdope.com/u/Monty)\ **Post date:** [September 6, 2014, 3:05pm UTC](https://boards.straightdope.com/t/congress-again-forgets-what-the-constitution-says/697656/8 "2014-09-06T15:05:55Z")
Nope. It’s [bad law](http://www.law.cornell.edu/uscode/text/10/502): > [@](#): > > **10 U.S. Code 502** > a) Enlistment Oath.— Each person enlisting in an armed force shall take the following oath: > “I, XXXXXXXXXX, 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; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.” Notice the very last four words there. ---
**Author:** ![Monty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/monty/32/47_2.png) [@Monty](https://boards.straightdope.com/u/Monty)\ **Post date:** [September 6, 2014, 3:09pm UTC](https://boards.straightdope.com/t/congress-again-forgets-what-the-constitution-says/697656/9 "2014-09-06T15:09:57Z")
> [@Monty](#): > > It was required by law (as mentioned in the linked article). The option to affirm was removed with the latest change to that law. It wasn’t the option to affirm that was removed. It was the option to NOT say “So help me God” that was removed. ---
**Author:** ![xenophon41](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/xenophon41/32/253_2.png) [@xenophon41](https://boards.straightdope.com/u/xenophon41)\ **Post date:** [September 6, 2014, 3:14pm UTC](https://boards.straightdope.com/t/congress-again-forgets-what-the-constitution-says/697656/10 "2014-09-06T15:14:49Z")
> [@Monty](#): > > Nope. It’s [bad law](http://www.law.cornell.edu/uscode/text/10/502): > Notice the very last four words there. The law was enacted in 1950. An amendment in 1962 added the words “so help me God.” The change in 2013 was not to the statute, but to the USAF instructions. ETA: BTW, the words “or affirmation” were removed in 1989, and the definition of “oath” was made to include affirmations. ---
**Author:** ![kaylasdad99](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kaylasdad99/32/3398_2.png) [@kaylasdad99](https://boards.straightdope.com/u/kaylasdad99)\ **Post date:** [September 6, 2014, 3:33pm UTC](https://boards.straightdope.com/t/congress-again-forgets-what-the-constitution-says/697656/11 "2014-09-06T15:33:56Z")
Pilots gotta be sky pilots. :dubious:: ---
**Author:** ![Monty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/monty/32/47_2.png) [@Monty](https://boards.straightdope.com/u/Monty)\ **Post date:** [September 6, 2014, 3:40pm UTC](https://boards.straightdope.com/t/congress-again-forgets-what-the-constitution-says/697656/12 "2014-09-06T15:40:41Z")
> [@xenophon41](#): > > The law was enacted in 1950. An amendment in 1962 added the words “so help me God.” The change in 2013 was not to the statute, but to the USAF instructions. > > ETA: BTW, the words “or affirmation” were removed in 1989, and the definition of “oath” was made to include affirmations. And yet “So help me God” remains. That’s pretty much the issue. ---
**Author:** ![kidchameleon](https://avatars.discourse-cdn.com/v4/letter/k/898d66/32.png) [@kidchameleon](https://boards.straightdope.com/u/kidchameleon)\ **Post date:** [September 6, 2014, 4:45pm UTC](https://boards.straightdope.com/t/congress-again-forgets-what-the-constitution-says/697656/13 "2014-09-06T16:45:19Z")
> [@xenophon41](#): > > The law was enacted in 1950. An amendment in 1962 added the words “so help me God.” The change in 2013 was not to the statute, but to the USAF instructions. > > ETA: BTW, the words “or affirmation” were removed in 1989, and the definition of “oath” was made to include affirmations. So we have religions shoved down the armed force’s throats by…the Democrats? How surreal. ---
**Author:** ![Chefguy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chefguy/32/138_2.png) [@Chefguy](https://boards.straightdope.com/u/Chefguy)\ **Post date:** [September 6, 2014, 4:53pm UTC](https://boards.straightdope.com/t/congress-again-forgets-what-the-constitution-says/697656/14 "2014-09-06T16:53:35Z")
> [@kidchameleon](#): > > So we have religions shoved down the armed force’s throats by…the Democrats? How surreal. On other fronts, the phrase “under God” was inserted in the Pledge of Allegiance by Dwight Eisenhower, although it had earlier been proposed by various Democrats. It’s still there, despite the whole church/state thing, although school children are not required to say it. ---
**Author:** ![xenophon41](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/xenophon41/32/253_2.png) [@xenophon41](https://boards.straightdope.com/u/xenophon41)\ **Post date:** [September 6, 2014, 5:20pm UTC](https://boards.straightdope.com/t/congress-again-forgets-what-the-constitution-says/697656/15 "2014-09-06T17:20:22Z")
> [@Monty](#): > > And yet “So help me God” remains. That’s pretty much the issue. That’s the issue only because the USAF took away the alternative, not because Congress recently changed anything. -Not that I think Congress wouldn’t try to do the same thing if they took it into their pointy heads to do it. Either way, the judicial branch will probably have to correct the executive and/or legislative branches. ---
**Author:** ![Monty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/monty/32/47_2.png) [@Monty](https://boards.straightdope.com/u/Monty)\ **Post date:** [September 6, 2014, 9:53pm UTC](https://boards.straightdope.com/t/congress-again-forgets-what-the-constitution-says/697656/16 "2014-09-06T21:53:05Z")
You’re absolutely correct, **xenophon41**.