Muslim Politicians: Constitution Oath, What's The Truth?

do muslim polititians swear to uphold the constitution

In 2018, a viral meme spread on social media claiming that three Muslim congresswomen had refused to take the oath of office to uphold the US Constitution. This was false, as only two Muslim women, Rashida Tlaib and Ilhan Omar, were elected to the House of Representatives, and they had not yet been sworn in. The US Constitution requires all members of Congress to take an oath to support and defend the Constitution, and this oath is taken during a swearing-in ceremony. This controversy sparked debates about the use of religious texts during the swearing-in ceremony, with some arguing that the Quran should not be used. However, the Constitution does not require the use of any specific religious text, and members of Congress swear in en masse without the use of any religious text.

Characteristics Values
Date of claim December 2018
Source of claim Facebook posts and a text-based meme
Number of Muslim women claimed to have refused to uphold the Constitution 3
Number of Muslim women who were actually going to serve in the House 2
Names of Muslim women who were elected to the House Ilhan Omar, Rashida Tlaib, and Rep. André Carson
Party affiliation of the Muslim women elected to the House Democratic Party
States represented by the Muslim women elected to the House Minnesota, Michigan, and Indiana
Date of swearing-in ceremony for the 116th Congress January 3, 2019
Requirement to uphold the Constitution All members of Congress are required to take an oath to support and defend the Constitution
Religious text used in the swearing-in ceremony None specified; members may use a religious text of their choice in a private ceremony

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Ilhan Omar and Rashida Tlaib

In the United States, the Constitution requires that all federally elected officials be "bound by oath or affirmation, to support this Constitution". This is outlined in Article VI of the Constitution, which also stipulates that "no religious test shall ever be required as a qualification to any office or public trust under the United States".

Tlaib has also been criticised for her anti-police, anti-prison, and pro-criminal stance, with some arguing that her policies would endanger the lives of innocent Americans, lead to the breakdown of society, and undermine the U.S. Constitution. Specifically, her comments encouraging people to "get more confrontational" if the jury in the Derek Chauvin murder trial found him not guilty have been interpreted as a violation of her responsibility to uphold the rule of law and the Constitution.

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False claims on social media

In December 2018, a text-based meme began circulating on Facebook, claiming that three Muslim congresswomen had refused to take their oath of office to uphold the US Constitution. The meme read:

> WAKE UP AMERICA LOOK HOW MANY ARE IN YOUR GOVERNMENT! How can this be? We are electing people that vow our countries destruction and way of life ... To do away with the constitution and install SHARA LAW. They refuse to pledge allegiance to America!

This assertion was shared by thousands of people on Facebook. However, it is false.

Firstly, only two Muslim women, Rashida Tlaib and Ilhan Omar, were elected to the US House of Representatives in November 2018. They were joined by Rep. André Carson, a Muslim Democrat from Indiana. Secondly, the claim that these Muslim politicians refused to take the oath of office is unsupported. The swearing-in ceremonies for the 116th Congress, which included these two women, were scheduled for January 3, 2019, and there is no evidence that any of the three Muslim politicians refused to take the oath. In fact, Tlaib made public her preparations for taking the oath, announcing that she would wear a traditional Palestinian dress, or thobe, made by her mother, and that she would use a copy of Thomas Jefferson's Koran for the ceremony. Omar also stated that she would probably use a Koran at the swearing-in.

Moreover, the idea that Muslims are banned from holding public office in the US is a long-circulating falsehood. There is no religious test required for any office or public trust under the US government. Article VI of the US Constitution stipulates that "no religious test shall ever be required as a qualification to any office or public trust under the United States." This means that it is unconstitutional to bar anyone from public office based on their religious beliefs.

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The US Constitution and religious tests

In the United States, all federal and state officeholders are required to take an oath or affirmation to support the Constitution. This is outlined in Article VI of the Constitution, which states:

> 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.

This includes Muslim politicians, who are not exempt from this constitutional obligation. In fact, the same Article VI of the Constitution that requires the oath of office also includes the No Religious Test Clause, which states:

> 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.

This clause is significant because it represents the original intent of the Framers of the Constitution to avoid any entanglement between church and state. It is the only explicit reference to religion in the original seven articles of the U.S. Constitution. The inclusion of this clause was influenced by the historical background of religious tests and oaths in state constitutions from 1776 to 1784, when nine out of thirteen states required some form of religious test for officeholders. These tests often included swearing oaths and subscribing to specific declarations, such as a belief in the Christian religion or the scriptures of the Old and New Testament.

The No Religious Test Clause has been interpreted by the Supreme Court to mean that any required oath to serve anything other than the Constitution is invalid. This interpretation has been applied to cases such as Ex parte Garland, where the Court overturned a loyalty oath that the government had tried to apply to pardoned Confederate officials. Additionally, in the 1961 case of Torcaso v. Watkins, the Supreme Court ruled that language in state constitutions requiring state officeholders to have particular religious beliefs was in violation of the First and Fourteenth Amendments to the Constitution.

In summary, while Muslim politicians in the United States are indeed required to swear to uphold the Constitution, the Constitution itself explicitly prohibits any religious tests as a qualification for holding public office. This clause, included by the Framers of the Constitution, serves to maintain a separation between church and state and prevent any entanglement between the two.

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The First Amendment

In the United States, all members of Congress are required to take an oath to support and defend the Constitution as a constitutional obligation. This is also known as the swearing-in ceremony.

In 2018, a viral meme spread misinformation claiming that three Muslim congresswomen had refused to take the oath of office to uphold the Constitution. However, this was not true. Only two Muslim women, Rashida Tlaib and Ilhan Omar, were elected to the House of Representatives, and they did take the oath of office. Tlaib even made public her preparations for taking the oath, announcing she would wear a traditional Palestinian dress, known as a thobe, made by her mother. Omar, who took Ellison's seat in Congress, also stated that she would probably use a Koran at the swearing-in.

Article VI of the U.S. Constitution stipulates that "no religious test shall ever be required as a qualification to any office or public trust under the United States." This means that members of Congress can choose to swear their oath on a Bible, a Qur'an, or any other text, or none at all. This is further supported by the 1789 Oath of Office bill, which states that members of Congress, senators, executive officers, judicial officers, and state legislatures must affirm their support for the Constitution.

The specific wording of the oath of office, as outlined in 5 U.S. Code § 3331, is as follows:

> "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."

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Muslim Caucus

In 2018, two Muslim women, Rashida Tlaib and Ilhan Omar, were elected to the House of Representatives, joining Rep. André Carson, a Democrat from Indiana, who is also Muslim. This made them the first Muslim women to serve in Congress. They were the target of misinformation on social media, with claims that they refused to take the oath of office and uphold the Constitution. However, this was proven to be false, and the three Muslim politicians did, in fact, take the oath of office, swearing to uphold the Constitution.

The Muslim Caucus of America (Muslim Caucus) is a grassroots community of diverse American Muslims and allies. It has over 721,960 members across all 50 states, working to advance progressive democratic ideals and shape a more equitable democracy. The Muslim Caucus is committed to building a network of state chapters, constituency groups, and affiliates to organize and empower the ethnically and racially diverse American Muslim constituency.

The Muslim Caucus embraces the diversity of American Muslims, which includes indigenous people, immigrants, and second/third-generation Muslims from various ethnic backgrounds. They welcome Muslims from all walks of life and aim to expand Muslim political power while advocating for a more just and inclusive society.

The Muslim Caucus of America also has a transnational vision, recognizing that US domestic policy impacts Muslims worldwide. They seek to advance policies that promote the dignity, justice, equity, and self-determination of Muslims both within and outside the United States.

Additionally, the Muslim Caucus Education Collective, an affiliate of the Muslim Caucus of America, focuses on building the leadership skills and power of individuals and constituencies who have been excluded from public discourse. They provide tools and resources to help communities identify issues, research solutions, build coalitions, and drive policy changes. The Education Collective is dedicated to uplifting the voices of local activists and advocates, supporting youth leadership, facilitating cross-cultural alliances, and contributing to democracy by helping immigrants achieve legal status and voter eligibility.

Frequently asked questions

Yes, Muslim politicians are required by law to swear to uphold the Constitution.

The oath taken by Muslim politicians is the same as that taken by other politicians:

> 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.

No, there is no religious test for politicians taking the oath. The Constitution states that officials "shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required [...]". This means that politicians can choose to affirm rather than swear an oath, and they are not required to use a religious text when doing so.

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