So 10 U.S.C. § 502 expressly says that each person may swear or affirm. Likewise, 1 U.S.C. § 1 expressly says that an oath includes an affirmation. And an affirmation means precisely a pledge without reference to a supreme being. Given this context, it seems to me quite clear that “So help me God” in the statute should be read as an optional component, to be used for the great bulk of people who swear, but should be omitted for those who exercise their expressly statutorily provided option to affirm — because that’s what affirming means (omitting reference to a supreme being).
Monday, September 8, 2014
Volokh: "Should atheists who refuse to say ‘so help me God’ be excluded from the Air Force?"
Check it out here. A taste: