Magellan, you’re hung up on this “What if he swore on Mein Kampf” business.
I imagine what you’re asking, should we consider an oath taken on “Mein Kampf” a valid oath or affirmation of office? If we don’t consider it a valid oath/affirmation, then they candidate cannot assume office.
But because we allow affirmation, the answer is obvious. Any oath taken on some holy book or relic that the majority of us don’t consider holy is exactly equivalent to an affirmation.
The idea that Muslims must be excluded from public office unless the swear on a Christian bible is ludicrious, and–if one were a believing Christian–blasphemous.
I’m an atheist. The Bible was written by human beings a long time ago. It has no holy significance to me. What the fuck would be accomplished by passing a law forcing me to swear an oath on the Bible? If my simple affirmation isn’t good enough, then how the fuck can an oath on what I consider to be a pretend religion be good enough? If I’m the kind of person who will lie when I affirm to uphold the constitution, why would I quiver at the thought of offending Jesus Christ?
Requiring me to swear an oath on the Christian Bible would be a violation of my religious freedom, it would establish Christianity as the state religion of America. If you can’t see that this is in direct conflict with establishment clause of the First Amendment, I don’t know what to tell you.
As for your contention that the oath is not for the oathgiver, but rather for the constituents, and the constituents should be the ones to choose what oath an officeholder should give, well we already have such a process, it’s called voting. If the voters don’t want a NeoNazi swearing oaths on Mein Kampf, the time to prevent that is during the election. This is why we must force everyone to swear on the Christian Bible, because otherwise NeoNazis will take over America?
We’ve got two scenarios here. Either the Nazi considers himself bound by the oath on Mein Kampf, or not. If the Nazi considers himself bound by the oath, then when he swore on Mein Kampf to uphold the Constitution, we’ve trapped him! He now has to uphold the Constitution! Fascist takeover averted, whew! The other scenario is that despite his oath on Mein Kampf to uphold the Constitution, he’s going to subvert the Constitution. But how the fuck would requiring him to swear on the Christian Bible help? Y’know, if a cryptofascist secretly got himself elected to public office, and the only thing standing between him and his fascist agenda is to put his hand on a Bible he doesn’t believe in and pretend to swear an oath he considers non-binding, well, what the hell kind of a Nazi would be foiled by the neccesity of a little lying? If he’ll swear a lying oath on Mein Kampf, he’ll swear a lying oath on the Bible.
Do you understand? These oaths of office are meaningless, they mean absolutely nothing more than an affirmation…unless the oathtaker believes the oath does.