Question

A recent law school graduate was offered a job as an aide by a state legislator. The legislator told the graduate that before she could begin working, she had to take the following loyalty oath: "I swear to uphold our state and federal Constitutions; to show respect for the state and federal flags; and to oppose the overthrow of the government by violent, illegal, or unconstitutional means." The graduate told the legislator that the oath is unconstitutional and refused to take the oath. Is the graduate correct?

Answer 1

Answer:B Yes, as to the promise to respect the flag.

Explanation:The graduate is correct in terms of the promise to respect the flag , this part is unconstitutional so no one is forced to swear by it. However the she is wrong in the other two promises because those two are constitutional, The supreme Court does require that government employees uphold an oath to oppose any violent action that is meant to overthrow the government and they are required to uphold the state and Federal Constitution. This them makes the option A and C incorrect because in this regard the graduate isn't correct. Government can't however force an individual to show respect to the flag because someone may refuse to do due to their religious beliefs and as we know everyone has the right to freely pursue their religion of choice. Hence B is correct and D is incorrect.