Shelley Moore Capito has failed to discharge her oath of office.
The very first law passed by the first session of the House of Representatives was "An act to regulate the time and manner of administering certain oaths."
According to Matthew Spalding at The Heritage Foundation, under current law any individual elected or appointed to an office of honor or profit in the civil service or uniformed services, except the President, shall take the following oath: "I (name), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I well bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter." (33U.S.C. & 3331)
The 4th Amendment to the U. S. Constitution reads, "The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Given the resent disclosure of the myriad spying programs (Xkeystroke and prism, look these programs up for yourself) it has become abundantly clear that the National Security Administration is deliberately and knowingly violating the Constitutionally protected Godgiven rights to be secure in our person, houses, papers and effects from unreasonable searches and seizures of every American that uses a computer to search the Internet, uses email or makes a cellphone call.
There is no warrant needed to do this spying so therefore there is no due process either. Due process is a bedrock principle of these Untied States. Without due process we are nothing more then mere subjects of the ruling class, vassals of the elite, to be handled anyway the "government" deems reasonable. Is this the government Jefferson, Madison and Henry left us? I think not. History tells us this is the very form of government that we are "duty bound to alter or abolish."
So why did I open this letter with the charge that Shelley fails to discharge her oath? You see on July 24 the Honorable Justin Amash, representative for the state of Michigan, proposed "amendment 413 - An Amendment ... to end authority for the blanket Collection of records under the Patriot Act." It would also stop the NSA and other agencies from using Section 215 of the Patriot Act to collect records, including telephone call records, that pertain to persons who are not subject to an investigation under Section 215.
It should come as no surprise that Shelley Moore Capito voted against the very Constitution she swore to protect and defend as she voted for the Patriot Act not once by twice. Since this amendment would undo a small portion of that act, she just could not bring herself to admit her vote for the Patriot Act, which by the way condoned and permitted the various spying agencies to turn their technologies inward onto the citizens they are charged with protecting, was a huge mistake and is a direct assault on the protections guaranteed by the 4th Amendment.
In the May 2014 primary election, Shelley Moore Capito is running for a seat in the U. S. Senate. She has had 13 years as a congresswoman and has failed to discharge her oath of office on numerous occasions. In campaign mode, she says all the right things, but when it comes down to action she abandons the Constitution and West Virginians.
I urge everyone to do their own homework and review her voting record. Should we send her back to Washington, this time as a senator, because she has name recognition? Or should we support a true conservative Republican?
Gerald L. Hayes Jr.