I have formally sworn to support the Constitution of the United States at least five times. The first time was in 2005 when I became a member of the Virginia State Bar. The next three times were in the military, and the final time was when I joined the Utah State Bar.
Oath to the Constitution
On Halloween day in 2005, I was sworn in as an attorney in the Virginia State Bar. I had just passed the bar exam and took the oath in front of the Supreme Court of Virginia. In that ceremony, I promised to “support the Constitution of the United States.” I took a similar oath 13 years later when I joined the Utah State Bar.
That same day, I was commissioned a lieutenant in the United States Air Force by taking a similar but stronger oath to “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.” I retook this oath two other times when I was promoted to captain and major, but those were more symbolic — the first time was official.
Similar But Different
Both my oaths to the state bars of Virginia and Utah were similar to my military oath — support the Constitution — but the military oath promised more. Not only was I to support it “against all enemies, foreign and domestic,” but it came with a blank check to my country; to Uncle Sam. I went where he sent me. I did what he told me to do, no matter the risk, no matter the cost. But my oath as a lawyer to “support the constitution” is, in some ways, more important.
Why Lawyers Matter
The difference between a democracy with freedom and a dictatorship without freedom is not what they do, it’s how they do it. All nations have people in jail. All nations choose leaders. All nations go to war. All nations make laws. All nations enforce their laws. But free nations follow rules when making laws; they follow rules when enforcing the laws; they follow rules when putting people in jail. We call these rules “due process,” and it is the lawyer who makes sure we do it right. It is the lawyer who demands due process for everyone, not just the rich and powerful.
In Shakespeare’s play, Henry VI, Part 2, the rebel leader Jack Cade and his henchman, Dick the Butcher, are discussing how to overthrow the government, take away the people’s freedoms, and create tyranny. In support of their plan, Dick the Butcher says, “The first thing we do, let’s kill all the lawyers.” Shakespeare understood that it is often the lawyer, as much as it is the soldier, who protects our freedoms.
The Same Oath, Different Uniform
People easily recognized how I supported the constitution when I wore the uniform. The camouflage, the boots, the rank. It’s not as obvious when I wear a suit, a tie, and carry a briefcase, but the job is the same — protect our freedoms and support our constitution. Before I did it as a judge advocate (military lawyer) in the Profession of Arms, and now I do it by ensuring due process one case at a time. One person at a time.
