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When an Oath is Broken

Legal Accountability for Governors Who Betray Their Duty

Every governor in the United States - including Colorado’s - begins their term by swearing or affirming a solemn oath:

“I do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Colorado, and that I will faithfully discharge the duties of the office of Governor, according to the best of my ability.”

This is not ceremonial language. It is a binding promise of constitutional fidelity and lawful governance. The oath imposes a legal and moral duty to protect citizens’ rights, enforce the law fairly, and resist overreach. When a governor systematically violates this oath - as highlighted in Death by a Thousand Laws - they step beyond politics and into potential illegality and constitutional breach.

Federal Accountability: Violating Citizens’ Constitutional Rights

Governors are not immune to federal oversight. When state actions infringe on federally protected rights, legal consequences can follow:

  • Civil Rights Violations: Under 42 U.S.C. § 1983, officials acting “under color of state law” can be held liable in federal court if their actions deprive citizens of constitutional protections such as free speech, due process, or equal protection.

  • Obstruction of Federal Law: Refusal to enforce federal statutes, interference with federal investigations, or intentional obstruction of justice may trigger criminal liability under federal codes (18 U.S.C. §§ 4, 1505, 1512).

  • Federal Injunctions: Courts can issue injunctions blocking state policies that violate federal constitutional guarantees.

In short, actions such as restricting lawful firearm ownership, funding programs that disadvantage citizens in favor of non-citizens, or imposing ideologically-driven mandates can trigger federal legal challenges, holding a governor accountable beyond state politics.

Colorado State Accountability: Impeachment and Criminal Liability

At the state level, Colorado has multiple legal avenues for addressing a governor who fails to uphold their oath:

  1. Impeachment (Article IV, Section 16, Colorado Constitution)
    The General Assembly may impeach a governor for:

    • High crimes or misdemeanors

    • Corruption or gross misconduct

    • Other significant violations of duty

    Impeachment is political in nature, but it is the strongest tool Colorado lawmakers have to enforce the oath.

  2. Criminal Offenses
    Depending on the conduct, the governor may violate Colorado criminal statutes:

    • Abuse of office / official misconduct (C.R.S. § 18‑8‑404)

    • Bribery or corruption (C.R.S. § 18‑8‑308)

    • Theft, embezzlement, or misuse of public funds

    Many of the recent legislative actions highlighted in Death by a Thousand Laws - such as preferential Medicaid funding for illegal immigrants while cutting services for citizens - could fall under official misconduct or misuse of public funds if pursued aggressively.

  3. Civil Enforcement
    Citizens and organizations can file lawsuits to block unlawful executive actions.

    • Example: suing to stop enforcement of unconstitutional rules or policies

    • Mechanism: injunctions or declaratory judgments in state courts

The Real Consequences of Breaking the Oath

Violating the oath is not just symbolic; it has tangible effects:

  • Erosion of Constitutional Protections: Policies that ignore due process, infringe on the Second Amendment, or compel taxpayer compliance with ideological goals erode the very freedoms the oath is meant to protect.

  • Legal Liability: The governor can face federal and state lawsuits, criminal charges, and impeachment proceedings.

  • Political Accountability: Beyond courts, citizens bear the ultimate judgment through the ballot and political pressure.

In Colorado, repeated violations - such as those outlined in Death by a Thousand Laws - combine federal constitutional exposure with state impeachment risk, creating a rare situation where legal, political, and moral accountability intersect.

Tying It Back to Recent Colorado Laws

Many of the controversial laws highlighted previously illustrate potential oath violations:

  • Firearm Restrictions - Undermine constitutional rights, risking civil lawsuits and federal injunctions.

  • Medicaid Funding Priorities - Allocating state funds to non-citizens while cutting services for citizens could constitute misuse of public funds or official misconduct.

  • AI Regulation & Housing Mandates - Enforcing policies outside constitutional authority or ignoring limits of state power may trigger ultra vires challenges.

  • Compelled Speech & Parental Rights - Laws that coerce citizens to act against their conscience can violate both federal and state constitutional protections.

Each law may appear legal in isolation, but collectively, they represent a pattern of conduct that violates the explicit commitments of the gubernatorial oath.

Legal, Moral, and Political Accountability Are Intertwined

A governor who breaks their oath of office is not merely failing ethically - they are inviting constitutional and statutory scrutiny. Colorado citizens, advocacy groups, and legislators have multiple avenues to demand accountability:

  • Federal courts for constitutional violations

  • State courts for ultra vires and civil actions

  • The General Assembly for impeachment and removal

  • The electorate for political accountability

Oaths are not ceremonial. They are binding promises to uphold the law, protect citizens’ rights, and defend the Constitution. When these promises are broken, the consequences are as real as the law itself.