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's Unicameral Legislature (from wikipedia)
Nebraska Legislature : Official Website
Fun Facts about Nebraska
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.
4 comments:
Thanks for the informations about Nebraska!
by the way, shame on you for making laugh at farming, redneck states :p
and long live your blog.
Thanks this blog!
I would like to know what happens when you swear on the Bible and when one find out you were lying? Is it possible to invocate the fact you are not Christian?
Have a nice week end!
Oups... Thanks FOR this blog!
Sorry!
Thanks to all who have left comments so far!
To the author of comment no. 2: When you lie in court it's called perjury and that's crime no matter religion you practice (if any). It doesn't matter if you swear on the Bible or a phone book - telling the truth is the law in the courtroom.
to the author of comment no. 1: I suppose I poke fun at the farming redneck states in part because I was born in one! It's true that i should probably visit Nebraska before I make a final judgment.
Go Huskers!
-eric
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