Simone Lawson
The United States Constitution requires government officers to take an oath or affirmation to support and defend it. This includes the President, Vice President, members of Congress, Supreme Court Justices, and state officers. The oath is administered by a high-ranking official, such as a justice of the Supreme Court, and typically involves placing a hand on a Bible, though this is not a requirement. The specific oath taken varies slightly between offices, but all include a pledge to uphold the Constitution.
| Characteristics | Values |
|---|---|
| Who takes the oath? | The President, Vice President, members of Congress, Supreme Court Justices, Governors, Lieutenant Governors, and other state officers. |
| What is the oath? | "I do solemnly swear (or affirm) that I will support the Constitution of the United States." |
| Can the oath be modified? | Yes, the oath has been revised and expanded over time, including during the Civil War and in 1868. |
| Is there a religious requirement? | No, the Constitution states that "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States." |
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What You'll Learn
The President's oath
The President of the United States must take an Oath of Office before assuming the duties of the presidential office. This tradition has been in place since 1789, when the First Congress adopted a simple oath for members of Congress. The President-elect is usually sworn in by the Chief Justice of the U.S. Supreme Court, but this is not always the case. For example, Lyndon B. Johnson was sworn in by a U.S. District Judge in Texas, and Calvin Coolidge was sworn in by his father, a notary public and justice of the peace.
The current presidential 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."
The Constitution does not specify what the swearing-in ceremony must include. Most Presidents-elect choose to swear on a Bible, but John Quincy Adams used a book of law, and Teddy Roosevelt did not use any book.
The presidential oath has been administered by 15 chief justices, one associate justice, four federal judges, two New York state judges, and one notary public. The Constitution allows the option to "affirm" instead of "swear", which may be related to certain Christian sects, such as Quakers, who interpret scripture literally and avoid swearing. Franklin Pierce is the only president known to have used the word "affirm" during his swearing-in ceremony.
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The Vice President's oath
The Vice President of the United States takes an oath of office, also known as an oath of affirmation, upon assuming the vice presidency but before beginning the execution of the office. The oath is administered immediately before the President's oath, during the swearing-in ceremony, which takes place on Inauguration Day. The Vice President-elect steps forward on the Inaugural platform and repeats the oath of office.
The oath taken by the Vice President is the same as that taken by members of the United States Congress and members of the President's cabinet when they enter office. 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. So help me God."
The oath of office for the Vice President has been administered in a variety of locations, including the White House, Congress Hall in Philadelphia, Federal Hall, Old Brick Capitol, Havana, Cuba, a private residence in New York, and the Number One Observatory Circle. The location of the Vice President's oath-taking ceremony has changed since John Adams became Vice President in 1789.
The oath may be administered by a variety of officials, including the retiring Vice President, a member of Congress, a justice of the Supreme Court, the Chief Justice of the Supreme Court, the president pro tempore of the Senate, or a friend or associate of the Vice President-elect.
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The oath for members of Congress
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 oath was first adopted by the First Congress in 1789 and was revised during the Civil War when members of Congress were concerned about traitors. In 1864, the Republican-controlled Senate adopted a rule requiring members to swear to the 1862 Test Oath, which was designed to keep Southern Democrats from returning to Congress. The Test Oath 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 practice of swearing-in Members is an innovation of Speaker Nicholas Longworth of Ohio, who in 1929 abandoned the practice of Members taking the oath by state delegations. Longworth altered the practice because he hoped the mass swearing-in would better "comport with the dignity and solemnity" of the ceremony.
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The oath for Supreme Court Justices
The United States Constitution outlines an oath of office for the President, and federal law dictates the oath for members of Congress, the Vice President, and Supreme Court Justices.
According to Title 28, Chapter I, Part 453 of the United States Code, each Supreme Court Justice takes the following oath:
> "I, [NAME], do solemnly swear (or affirm) that I will administer justice without respect to persons and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as [TITLE] under the Constitution and laws of the United States. So help me God."
The original oath for members of Congress included the words, "I do solemnly swear (or affirm) that I will support the Constitution of the United States." The oath was revised during the Civil War, when members of Congress were concerned about traitors.
Oath of Office for the President
The Constitution dictates the following oath of office for the President of the United 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-elect is usually sworn in by the Chief Justice of the U.S. Supreme Court, but not always.
Oath of Office for the Vice President
The Vice President's oath is administered immediately before the President's and 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."
Oath of Office for Members of Congress
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 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."
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The oath for state officers
The oath-taking practice for state officers in the United States dates back to the First Congress in 1789. The current oath is a product of the 1860s, drafted during the Civil War. The oath varies for different state officers.
Oath for the President of the United States
The Constitution contains an oath of office for the President of the United 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.
Oath for the Vice President of the United States
The Vice President's oath is administered immediately before the President's and 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.
Oath for Members of the House of Representatives and the Senate
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 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.
Oath for Supreme Court Justices
According to Title 28, Chapter I, Part 453 of the United States Code, each Supreme Court Justice takes the following oath:
> I, [NAME], do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as [TITLE] under the Constitution and laws of the United States. So help me God.
Oath for State Officers in New York
In New York, members of the State Legislature and all public officers, executive and judicial, are required to take and sign the oath provided by Article XIII, Section 1 of the New York State Constitution before commencing their duties. The oath must be filed with the New York Secretary of State within thirty days of appointment or the start of the term.
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Frequently asked questions
Yes, governors are required to take an oath to uphold the Constitution of the United States and the constitution of their respective state.
The oath of office for governors varies slightly between states, but they all include a pledge to support the Constitution. For example, in Washington, the governor's oath includes:
> "I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution and laws of the state of Washington, and that I will faithfully discharge the duties of the office of governor to the best of my ability."
Yes, both federal and state officers are required to take an oath or affirmation to uphold the Constitution. This includes the President, Vice President, members of Congress, Supreme Court Justices, and Senators.
The oath of office for the President of the United States 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."
