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Constitutional Law - Attorney's Loyalty Fitness, W. Wade Berryhill

Law Faculty Publications

One may reasonably conclude that a state may escape invalidation of a statute which apparently exceeds permissible Bill of Rights limits if the state shows that the statute does not operatively mean what it appears to say, but rather requires only an allegiance to the Constitution, and secondly, that a state may properly make inquiries to determine the oath affirmant's sincerity and good faith.