Malcolm Rivera
In the United States Federal Government, an official must take an oath of office, or a swearing-in ceremony, to take office. The Constitution does not specify what the swearing-in must include, but the official reciting the oath swears an allegiance to uphold the Constitution. The oath taken by senators includes swearing to support and defend the Constitution of the United States against all enemies, foreign and domestic. The current practice of newly sworn senators signing individual pages in an elegantly bound oath book dates back to the Civil War.
| Characteristics | Values |
|---|---|
| Is an oath required? | Yes |
| Who takes the oath? | Senators, Representatives, state legislators, executive and judicial officers |
| 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." |
| When is the oath taken? | At the start of each new Congress, in January of every odd-numbered year |
| How often is the oath taken? | One-third of senators take the oath every time |
| Is there a swearing-in ceremony? | Yes |
| Is a book required for the ceremony? | No, but most use a Bible |
| Who administers the oath? | Presiding officer in an open session of the Senate |
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What You'll Learn
- The US Constitution requires senators to take an oath to support the Constitution
- Senators sign individual pages in an oath book
- The current oath was drafted during the Civil War
- The oath is taken at the start of each new Congress
- The Vice President takes the oath of office in the same ceremony as the President
The US Constitution requires senators to take an oath to support the Constitution
The US Constitution does require senators to take an oath to support the Constitution. The text of the original oath, as per Article VI, Clause 3 of the US Constitution, is:
> "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."
This tradition of oath-taking has been a feature of government for centuries. When the United States were colonies of Great Britain, officials swore allegiance to the king. The First Congress adopted a simple oath in 1789: "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. In April 1861, President Abraham Lincoln ordered all federal civilian employees within the executive branch to take an expanded oath. The current practice of newly sworn senators signing individual pages in an elegantly bound oath book also dates from this period.
Today, senators take the oath of office to begin their new terms at the start of each new Congress, in January of every odd-numbered year.
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Senators sign individual pages in an oath book
The US Constitution, Article VI, Clause 3, 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.
Oaths of office and allegiance have been a feature of government for centuries. When the United States were colonies of Great Britain, officials swore allegiance to the king.
The current practice of newly sworn senators signing individual pages in an oath book dates back to the Civil War. The oath book is elegantly bound, and senators sign their names on creamy pages inside a dark cover. The signing of the oath book is a way of conveying the gravity of presidential and judicial impeachment trials, which are rare.
The oath-taking practice itself dates back to the First Congress in 1789, though the current oath was drafted during the Civil War in the 1860s. At the start of each new Congress, in January of every odd-numbered year, one-third of senators take the oath of office to begin their new terms. Senators-elect take their oath of office from the presiding officer in an open session of the Senate before they can begin to perform their legislative activities.
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The current oath was drafted during the Civil War
The current oath of office for senators, which includes an affirmation to defend the Constitution of the United States, was drafted during the Civil War. The practice of swearing an oath of allegiance to the government has been a feature of governance for centuries. When the United States were colonies of Great Britain, officials swore allegiance to the king.
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. This was known as the "Ironclad Test Oath" and was enacted in July 1862. 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. It was promoted by Radical Republicans and required federal employees, lawyers, and federal elected officials to swear upon entry of office that they had never supported the Confederacy.
In March 1863, the Senate settled on making the Test Oath voluntary for senators. However, in 1864, Senator Charles Sumner of Massachusetts successfully made the Test Oath mandatory for all senators. This led to the resignation of Delaware Senator James Bayard in protest. The current practice of newly sworn senators signing individual pages in an elegantly bound oath book also dates from this period.
Following the Civil War, Congress permitted some former Confederates to take only the second section of the 1862 oath. In 1868, a statute prescribed this alternative oath for "any person who had participated in the late rebellion, and from whom all legal disabilities arising therefrom had been removed by act of Congress." Northerners complained about this double standard, and in 1884, the first section of the Test Oath was repealed, leaving intact the affirmation of the Constitution that we know today.
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The oath is taken at the start of each new Congress
The practice of taking an oath at the start of each new Congress dates back to the First Congress in 1789. The oath is taken in January of every odd-numbered year, with the entire House of Representatives and one-third of the Senate taking the oath of office. This is because senators are elected to six-year terms, and every two years, members of one class—approximately one-third of the senators—face election or re-election.
The oath is administered by the Speaker of the House, who directs the members to rise. The oath is then taken in a group swearing-in on the House Floor. Members of the House often pose for ceremonial photos individually with the Speaker following the official swearing-in. The current practice of newly sworn senators signing individual pages in an elegantly bound oath book dates from the Civil War period.
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. At the outbreak of the Civil War in April 1861, 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 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 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 takes the oath of office in the same ceremony as the President
The US Constitution requires that all government officials, including the President, swear an oath of office to uphold the Constitution. The Constitution outlines the oath required by incoming presidents, but not for incoming vice presidents. However, the Vice President also takes an oath of office.
> 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 administered immediately before the President's, and the Vice President is sworn in during the same ceremony as the President. The Vice President's oath may be administered by the retiring Vice President, by a member of Congress, or by some other 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. So help me God.
The oath of office has been a feature of government for centuries. When the United States were colonies of Great Britain, officials swore allegiance to the king. The practice of swearing an oath to uphold the Constitution is also seen in the House of Representatives, where members take an oath in a group swearing-in on the House Floor on the opening day of a new Congress.
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Frequently asked questions
Yes, senators are required to take an oath to the US Constitution.
The current oath of office for senators 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 practice of taking an oath of office for senators dates back to the First Congress in 1789. The original oath was revised during the Civil War due to concerns about traitors.
Senators take the oath of office at the start of each new Congress, in January of every odd-numbered year. One-third of senators are sworn in at the beginning of each new term.
Newly sworn senators sign individual pages in an elegantly bound oath book. This practice dates back to the Civil War when military and civilian authorities required those doing business with the federal government to sign a copy of the Test Oath.
