Eleanor Finch
The U.S. Constitution requires members of Congress to take an oath of office, also known as a swearing-in ceremony, to uphold the Constitution. The specifics of the oath, such as its wording, were left to the First Congress (1789–1791). The oath is taken at the start of each new Congress, in January of every odd-numbered year, and marks the beginning of a public servant's term. While some debated the necessity of an oath, it serves as a reminder to federal workers that they do not swear allegiance to any individual but to the Constitution.
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What You'll Learn
The Oath of Office
The inclusion of an Oath of Office in the US Constitution was a highly debated topic among the framers of the Constitution. Some argued that oaths were unnecessary, claiming that people would be naturally inclined to support just governments. On the other hand, Federalists were concerned about state officials being required to swear allegiance to the federal Constitution while federal officials were not bound to respect state constitutions.
The founders ultimately decided to include an Oath of Office in the Constitution, requiring federal and state officials to "support this Constitution" without specifying the exact wording of the oath. The First Congress (1789–1791) was tasked with determining the precise wording, and they specified the following oath: "I, A.B. do solemnly swear or affirm (as the case may be) that I will support the Constitution of the United States." This oath applied to all federal officials except the President, whose oath is outlined in the Constitution's Article II, Section 1, Clause 8.
The current oath taken by Members of the House of Representatives and Senators 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." This oath is administered at the start of each new Congress, in January of every odd-numbered year, with the entire House of Representatives and one-third of the Senate taking the oath.
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The Constitution and religious tests
In the United States, federal and state officials, including members of Congress, are required to take an oath of office, swearing allegiance to uphold the Constitution. This is also known as a swearing-in ceremony, and it is a feature of government that dates back centuries.
The Constitution only specifies an oath of office for the President, which is:
> "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."
The Vice President's oath is similar:
> "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 for Members of the House 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."
However, the Constitution's Article VI, Clause 3, also known as the No Religious Test Clause, specifies that:
> "...no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States."
This clause was included to prevent the return of the Test Acts, which were in force in England from the 17th to the 19th centuries. The Test Acts were used to "'establish'" the Church of England as the official national church, and they required government officials to swear an oath of allegiance to the Church and the monarch of England as its head. The Test Acts also required officials to disavow the Catholic doctrine of transubstantiation and the veneration of saints.
In the United States, religious tests were used to exclude certain people, often Catholics or non-Christians, from holding office based on their faith. Delaware's constitution, for example, required government officials to "profess faith in God the Father, and in Jesus Christ His only Son, and in the Holy Ghost." North Carolina barred anyone "who shall deny the being of God or the truth of the Protestant religion" from serving in government.
The No Religious Test Clause banned this form of religious discrimination and provided a textual constitutional commitment to religious liberty and equality. It is cited as evidence of the original intent of the Framers of the Constitution to uphold the separation of church and state and prevent the government from determining citizens' religious beliefs or practices.
The Supreme Court has interpreted this provision broadly, stating that any required oath to serve anything other than the Constitution is invalid.
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Federalism and state constitutions
Federalism in the United States refers to the division of power between the federal government and individual state governments. It results in a powerful central government while preserving the liberty of the governed. The US Constitution is supreme over both the national and state governments.
The Constitution sets out all the federal government's powers, and any powers not given to the federal government are reserved for the states. The Tenth Amendment reinforces this principle: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."
The Articles of Confederation, the predecessor to the Constitution, gave most of the power to the states. The federal government had few powers to regulate the states or the national economy. The Framers' solution was to create a written Constitution to act as the supreme law of the land, creating a strong national government.
The Founders provided the national government with limited and enumerated powers, leaving the regulation of intrastate commerce to the states. Federalism has waxed and waned since the founding, and federal-state relations have always been contested. It has undergone four distinct phases: post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to the present.
The Constitution contains the Supremacy Clause, which states that the Constitution and the laws of the United States made in pursuance thereof are the supreme law of the land. This means that federal law supersedes state law in cases of conflict.
When the subject of an oath arose during the Federal Constitutional Convention, the founders were divided. They debated whether state officials should swear allegiance to the federal Constitution, or if federal officials should be required to uphold state constitutions in addition to the US Constitution. James Madison of Virginia argued that federal officials lacked the power to uphold state constitutions, but state officials played a crucial role in upholding the US Constitution. The founders decided to require an oath for both federal and state officials, with the specifics left to the First Congress (1789–1791).
Today, Members of Congress, including the House of Representatives and the Senate, take an oath to uphold the Constitution. This occurs during a swearing-in ceremony on the opening day of a new Congress. The oath taken by members of the House of Representatives 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."
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The Ironclad Test Oath
In the United States, federal, state, and government officials, including Congress members, are required to take an oath of office to uphold the Constitution. This is also known as a swearing-in ceremony, and it is a feature of government that dates back to when the United States were colonies of Great Britain.
During the Civil War, an additional "Ironclad Test Oath" was enacted by Congress in 1862. This oath required civil servants, military officers, federal employees, lawyers, and federal elected officials to swear not only to future loyalty but also to affirm that they had never previously engaged in disloyal conduct or supported the Confederacy. This meant swearing that they had "never voluntarily borne arms against the United States" and had not "voluntarily" given "aid, countenance, counsel or encouragement" to persons in rebellion.
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The swearing-in ceremony
The Constitution outlines the oath of office for the President of the United States, which states:
> "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."
The President's oath is usually administered by the Chief Justice of the U.S. Supreme Court, but this is not always the case. For example, Lyndon Johnson was sworn in by a U.S. District Judge in Texas, and Calvin Coolidge was sworn in by his father, who was a notary public and justice of the peace. The President also has the option to use a religious text or no book at all during the ceremony. While most Presidents have chosen to use a Bible, John Quincy Adams used a book of law, and Teddy Roosevelt did not use a book.
The Vice President takes their oath of office immediately before the President and in the same ceremony. The oath is as follows:
> "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 is administered by the retiring Vice President, a member of Congress, or another government official, such as a justice of the Supreme Court.
At the start of each new Congress, in January of every odd-numbered year, the entire House of Representatives and one-third of the Senate take an oath of office. The Speaker of the House directs the Members to rise, and the oath is administered. 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."
The specifics of the oath, such as its wording, were left to the First Congress (1789-1791). The oath was designed to be a "'left-handed security' pledge, ensuring that public servants would remain loyal to the people and the Constitution, rather than to a supervisor, an agency, or a political appointee.
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Frequently asked questions
Yes, members of Congress are required to take an oath to uphold the Constitution.
The oath of office is a promise made by federal employees to support and defend the Constitution. It is also known as a swearing-in ceremony.
The current oath 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."
