Eleanor Finch
Yes, members of Congress are required to take an oath of office to uphold the Constitution. The oath, which has been a feature of government for centuries, was first adopted by the First Congress in 1789 and has since undergone several revisions. The current oath, which has been in place since 1966, reads: I, AB, 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 will 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: So help me God.
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What You'll Learn
The original oath
> "I do solemnly swear (or affirm) that I will support the Constitution of the United States."
This oath was specified in the U.S. Constitution, Article VI, Clause 3, which states:
> "The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States."
The form of the oath has changed several times since its inception. During the Civil War, for example, Congress revised the oath to address concerns about disloyalty and treason. This led to the creation of the "`Ironclad` Test Oath", which required civilian and military officials to swear or affirm that they had never aided or encouraged "persons engaged in armed hostility" against the United States.
The current oath, which has been in place since 1966, is more elaborate than the original. It reads as follows:
> "I 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 will 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: So help me God."
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Changes to the oath
The oath of office for members of Congress has undergone several changes since the First Congress adopted it in 1789. The original oath was simple: "I do solemnly swear (or affirm) that I will support the Constitution of the United States." However, with the outbreak of the Civil War in 1861, concerns about loyalty and shifting allegiances led to modifications.
Changes During the Civil War
During the Civil War, President Abraham Lincoln ordered all federal civilian employees within the executive branch to take an expanded oath, known as the "Ironclad Test Oath." This oath, adopted by Congress in 1862, required civilian and military officials to swear or affirm that they had never aided or encouraged "persons engaged in armed hostility" against the United States. It was a response to the uncertain loyalties of the time and aimed to bar disloyal individuals from office.
Post-Civil War Modifications
Following the Civil War, Congress permitted some former Confederates to take only the second section of the 1862 oath. This led to complaints of a double standard, as loyal Unionists were required to take the harsher first section. As a result, in 1868, 1871, and 1884, revisions were made to the oath, eventually dropping the "iron-clad" elements.
The Modern Oath
The current oath of office for members of Congress has remained unchanged since 1966. It is prescribed in Title 5, Section 3331 of the United States Code and reads:
> "I, AB, 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 will 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. So help me God."
The phrase "so help me God" has been a part of the official oath of office for non-presidential offices since 1862, though it is not required, and individuals can choose to affirm instead of swearing an oath.
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The oath today
The current oath of office for members of Congress is:
> "I 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 will 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: So help me God."
The oath is administered at the start of each new Congress, in January of every odd-numbered year, to the entire House of Representatives and one-third of the Senate. Members of the House take the oath in a group swearing-in on the House Floor. A Senator-elect takes the oath from the presiding officer in an open session of the Senate.
The oath has changed several times since the first act of Congress. During the Civil War, Congress added a new section to the oath, known as the "Ironclad Test Oath," which required civilian and military officials to swear or affirm that they had never aided or encouraged "persons engaged in armed hostility" against the United States. After the Civil War, some former Confederates were permitted to take only the second section of the 1862 oath, leading to complaints from loyal Unionists who had to take the harsher first section. In 1884, the first section of the Test Oath was repealed, leaving today's affirmation of constitutional allegiance. The oath used today has not changed since 1966 and is prescribed in Title 5, Section 3331 of the United States Code.
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The Vice President's oath
The Vice President of the United States takes an oath of office, just like the President. Until 1933, the Vice President took the oath in the Senate, but today, both the President and Vice President are inaugurated in the same ceremony. The Vice President's oath is administered immediately before the President's. The oath may be administered by the retiring Vice President, by a member of Congress, or by another government official, such as a Supreme Court justice.
> "I do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic, that I will bear true faith and allegiance to the same: that I take this obligation freely, without any mental reservation or purpose of evasion, and I will well and faithfully discharge the duties of the office on which I am about to enter."
The oath of office for the Vice President is similar to that of members of Congress, who also swear to uphold the Constitution. The original oath for members of Congress was: "I do solemnly swear (or affirm) that I will support the Constitution of the United States." This oath was revised during the Civil War, as members of Congress were concerned about traitors.
The Constitution contains a specific oath of office for the President, which is required before they can exercise any official powers or duties. The President is usually sworn in by the Chief Justice of the U.S. Supreme Court, but this is not always the case. The oath is as follows:
> "I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."
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Religious tests
The U.S. Constitution, Article VI, Clause 3, states that "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States." This clause, commonly known as the No Religious Test Clause, prohibits religious tests as a qualification for holding office, ensuring religious liberty and equality. It was included in the Constitution to prevent religious discrimination and persecution, which was a longstanding practice in England and the United States.
At the time the U.S. Constitution was adopted, nine out of the thirteen states had religious tests for officeholders in their constitutions. These tests often required officials to swear allegiance to a particular state and profess a belief in God. For example, Delaware's constitution mandated that government officials "profess faith in God the Father, and in Jesus Christ His only Son, and in the Holy Ghost." North Carolina's constitution, on the other hand, barred anyone "who shall deny the being of God or the truth of the Protestant religion" from serving in government.
The inclusion of the No Religious Test Clause in the U.S. Constitution was not without controversy. Some Americans supported the clause, arguing that it was a necessary check on public corruption, as one's actions would be held accountable before God. James Madison, among others, defended the ban, stating that the oath to support the Constitution served a similar function to a religious test. Francis Cummins agreed, suggesting an amendment to clarify that "no other religious Test" would be required.
However, there was also opposition to the clause. Critics, such as Thomas Jefferson, condemned religious tests as a violation of freedom of conscience. Others expressed concern about the lack of a religious test allowing "Jews and Heathens" to hold office, reflecting prejudiced attitudes towards religious minorities. Despite these objections, the No Religious Test Clause prevailed, ensuring that religious tests would not be a requirement for holding office in the United States.
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Frequently asked questions
Yes, members of Congress are required to take an oath to uphold the Constitution.
The current oath is as follows: "I 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 will 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: So help me God."
No, the oath has changed several times since the first act of Congress. The original oath, adopted in 1789, was: "I do solemnly swear (or affirm) that I will support the Constitution of the United States." During the Civil War, Congress added a section to the oath, known as the "Ironclad Test Oath," which required civilian and military officials to swear they had never aided those engaged in armed hostility against the United States.
Yes, the President, Vice President, Senators, Representatives, and state legislators all take an oath to uphold the Constitution.
While the oath is not a religious test and does not require swearing allegiance to a god, members of Congress often add the phrase "So help me God" at the end of their oath.
