We've been talking in class over these first few weeks about the separation of powers in the US Government. "
Separation of powers" is the idea that different responsibilities in government should be handled by different branches of government. It's a French idea - thanks Montesquieu (take a look at his
The Spirit of Laws in
English or in
French)!
So both federal and state governments in America are separated into three distinct branches: legislative, executive and judicial. At the federal level, the legislature is called Congress. It is bicameral, which means it has two houses. Those two houses are the House of Representatives and the Senate.
All the states have a bicameral legislature too. Except one: NEBRASKA! Nebraska has a unicameral legislature. Only one house! Why? Follow the links to find out!
Nebraska: a very exciting place***
Some of you had a very good question in our last class about the process of swearing witnesses in during court proceedings. Traditionally, a witness is sworn in by placing his / her hand on the Bible and saying "I swear to tell the truth, the whole truth, and nothing but the truth, so help me God." Many of you asked how this can be the case if the establishment clause of the First Amendment is to be respected. What happens is someone who is not Christian has to testify? And what about the President? Doesn't he/she also swear on the Bible before taking office?
All good questions! Here are some answers:
In North Carolina in 2005, a Muslim woman who had to testify in court wanted to swear on the Koran rather than the Bible. It created a lot of controversy because the judge refused. According to state law in North Carolina, a witness must swear on the "Holy Scriptures" to be admitted as a witness. You can read about this incident
here and find a good opinion piece about it
here.
As for the president and other elected officials, they are
not required to swear on the Bible to take office. Congressman
Keith Ellison, a Muslim from Minnesota, was elected almost exactly one year ago. He chose to swear on the Koran rather than the Bible.
And what about those people who aren't religious? There's an option for them too! Rather than swearing on the Bible, Koran, or some other holy text, witnesses and officials also have the option of "affirmation" rather than swearing, which is a totally secular process. I learned in
this testy blog post that
John Quincy Adams swore on a book of law.
Theodore Roosevelt simply held up his hand, swearing on nothing. And
Franklin Pierce and
Herbert Hoover used an affirmation instead of swearing. You can read the President's Oath of Office
here.
So, friends, there you go. Can't wait to see you all in class this week. It's going to be great.
I swear.
federally yours,
Eric P.