Malcolm Rivera
Members of Congress do swear an oath of allegiance to the Constitution. The 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 is taken at the start of each new Congress, in January of every odd-numbered year, when one-third of senators take the oath to begin their new terms. The oath-taking practice dates back to the First Congress in 1789, but the current oath is a product of the 1860s, drafted during the Civil War.
| Characteristics | Values |
|---|---|
| When is the oath taken? | At the start of each new Congress, in January of every odd-numbered year. |
| Who takes the oath? | The entire House of Representatives and one-third of the Senate. |
| What is the oath? | "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." |
| Who administers the oath? | The Speaker of the House directs the Members to rise, and the oath is administered. |
| What is the origin of the oath? | The oath-taking practice dates back to the First Congress in 1789, but the current oath is a product of the 1860s, drafted during the Civil War. |
| What is the purpose of the oath? | To remind federal workers that they do not swear allegiance to a supervisor, an agency, a political appointee, or even the President, but to the Constitution. |
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What You'll Learn
The current oath
> "I [name] 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 taken at the start of each new Congress, in January of every odd-numbered year, by the entire House of Representatives and one-third of the Senate. Senators are elected to six-year terms, and every two years, one-third of the senators—face election or re-election. The Speaker of the House directs the members to rise, and the oath is administered. A Senator-elect takes the oath of office from the presiding officer in an open session of the Senate.
The oath-taking practice dates back to the First Congress in 1789, but the current oath is a product of the 1860s, drafted during the Civil War. The Constitution contains an oath of office for the President of the United States, but for other officials, including members of Congress, it specifies only that they "shall be bound by Oath or Affirmation to support this Constitution." The phrase "so help me God" has been part of the official oath of office for non-presidential offices since 1862.
The purpose of the Oath of Office is to remind federal workers that they do not swear allegiance to a supervisor, an agency, a political appointee, or even the President. Instead, they swear to support and defend the U.S. Constitution and faithfully execute their duties.
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The 1860s oath
The current oath of office for members of Congress is a product of the 1860s, drafted during the Civil War. The original oath for members of Congress was very simple: "I do solemnly swear (or affirm) that I will support the Constitution of the United States." However, at the outbreak of the Civil War in April 1861, a time of uncertain and shifting loyalties, President Abraham Lincoln ordered all federal civilian employees within the executive branch to take an expanded oath.
In July 1862, Congress added a new section to the oath, which became known as the "Ironclad Test Oath." The Ironclad 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. It also required a pledge of future loyalty and an affirmation of past fidelity. Government employees who swore falsely would be prosecuted for perjury and forever denied federal employment. While Congress did not extend the coverage of the Ironclad Test Oath to its own members, many took it voluntarily.
In 1864, the Republican-controlled Senate adopted a rule requiring members to swear to the 1862 Test Oath and, for the first time, to sign a printed copy. The resolution also required senators to "subscribe" to the oath by signing a printed copy. This condition reflected a wartime practice in which military and civilian authorities required anyone wishing to do business with the federal government to sign a copy of the Test Oath. The current practice of newly sworn senators signing individual pages in an elegantly bound oath book dates from this period.
Following the Civil War, Congress permitted some former Confederates to take only the second section of the 1862 oath. An 1868 statute prescribed this alternative oath for "any person who has participated in the late rebellion, and from whom all legal disabilities arising therefrom have been removed by act of Congress." Northerners complained of the law's unfair double standard, which required loyal Unionists to take the Test Oath's harsh first section while allowing ex-Confederates to ignore it. In 1884, after more than a decade of such complaints, a new generation of lawmakers repealed the first section of the Test Oath, leaving intact today's affirmation of constitutional allegiance.
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The Test Oath
Although Congress did not initially require its own members to take the Ironclad Test Oath, many did so voluntarily. In January 1864, at the urging of Senator Charles Sumner of Massachusetts, the Senate adopted a resolution mandating that all senators take the Test Oath and sign a printed copy. This wartime practice reflected a requirement for anyone wishing to do business with the federal government.
In 1884, more than a decade after these complaints emerged, a new generation of lawmakers repealed the first section of the Test Oath. This repeal left only the affirmation of constitutional allegiance intact, which is the oath that members of Congress take today.
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The Vice President's oath
The Vice President of the United States takes an oath of office, swearing allegiance to the Constitution. The oath is administered immediately before the President's, during the same inauguration ceremony. The Vice President's oath may be administered by the retiring Vice President, a member of Congress, or another government official, such as a justice of the Supreme Court.
The current 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-taking practice dates back to the First Congress in 1789, but the current oath is a product of the 1860s, drafted during the Civil War. 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."
In 1862, Congress added a new section to the oath, which became known as the "Ironclad Test Oath." This 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. While Congress did not extend this coverage to its own members, many took it voluntarily.
In 1864, the Senate adopted a resolution requiring all senators to take the Test Oath. This resolution also required senators to "subscribe" to the oath by signing a printed copy. This practice of signing the oath dates back to a wartime practice where military and civilian authorities required anyone wishing to do business with the federal government to sign a copy of the Test Oath.
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The presidential oath
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." The president-elect may also choose to say "affirm" instead of "swear" as per the Constitutional language. This is believed to be related to certain Christians, including Quakers, who interpret a particular scripture literally: "But above all things, my brethren, swear not, neither by heaven, neither by the earth, neither by any other oath: but let your yea be yea; and your nay, nay; lest ye fall into condemnation" (James 5:12, KJV). Franklin Pierce is the only president known to have used the word "affirm" in his oath.
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Frequently asked questions
Yes, members of Congress swear an oath of office to uphold the Constitution. 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."
Members of Congress take the oath of office at the start of each new Congress, in January of every odd-numbered year.
The Speaker of the House directs the members to rise, and the oath is then administered.
No, the oath has been revised over time. The current oath was drafted during the Civil War in the 1860s.
