Professor Metzmeier discusses 'dueling' rule in Kentucky Constitution

Kurt Metzmeier, Brandeis School of Law professor and associate director of the Law Library, was recently interviewed by Wave 3 News to discuss the "bizarre" rule that remains a part of the Kentucky Constitution: Almost half of the oath for elected officials and attorneys are promises about not fighting in a duel with deadly weapons.

“People don't expect this silly language,” Metzmeier said. "It often takes a very solemn occasion like swearing in a new governor and makes it kind of silly.”

Metzmeier discussed the oath's history, noting that early in the 1790s, a law and fine of $500, or about $15,000 today, was put in place to stop duels, but they didn’t work.

"Henry Clay was involved in duels. Pretty much every politician had been challenged or involved in a duel,” Metzmeier said. “"Abraham Lincoln once was challenged to a duel and accepted it, but he chose as a weapon cow pies at 10 paces.” 

In 1850, it was added to the Constitution. An attempt to change the oath was made in 1890, but it failed. Metzmeier said the process is too cumbersome to add an amendment.

"Maybe it's about that time, even if it's difficult,” he said.