Isabella Carter
The Utah Oath of Office, also known as Amendment A, was on the ballot in Utah on November 8, 2016, as a legislatively referred constitutional amendment. It was approved and changed the oath of office that each elected and appointed state official must take before entering their respective office. The amendment was designed to make specific reference to the state of Utah instead of using the phrase this state. This raises the question of whether Utah governors take an oath to uphold the constitution, and if so, what that oath entails.
| Characteristics | Values |
|---|---|
| Year of Amendment | 2016 |
| Date of Ballot | November 8, 2016 |
| Amendment Name | Amendment A |
| Amendment Type | Legislatively referred constitutional amendment |
| Amendment Result | Approved |
| Sponsor | Kraig Powell |
| Previous Issue with Oath | Did not include the word "Utah" |
| Oath Takers | All officers made elective or appointive by this Constitution or by the laws made in pursuance thereof |
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What You'll Learn
Utah Oath of Office Amendment
In the United States, the tradition of taking an oath of office dates back to the First Congress in 1789. The current oath is a product of the 1860s, drafted during the Civil War. The Constitution of the United States contains an oath of office for the President of the United States, which reads:
> "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 and Members of Congress also take an oath of office. The oath for members of Congress was revised during the Civil War to address concerns about traitors. 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."
In 2016, Utah voters approved a legislatively referred constitutional amendment, known as the Utah Oath of Office Amendment or Amendment A, which changed the oath of office for state officials. The amendment was designed to change the oath of office to make specific reference to "the state of Utah" instead of using the phrase "this state." The amendment also changed the order of references to the state and federal constitutions, so that the Utah Constitution came first, followed by the United States Constitution.
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The Utah Constitution
The Constitution of the State of Utah outlines the basic structure and operation of the state government in Utah. Utahns had drafted seven previous constitutions, starting in 1849, as part of repeated attempts to become a state. In 1850, the federal government established the Utah Territory, with a secular government. However, Utah was prohibited from joining the union due to the practice of polygamy in the state.
In 1890, The Church of Jesus Christ of Latter-day Saints renounced polygamy, which led to the federal government granting Utah permission to begin drafting a constitution. The Utah Constitution was drafted at a convention that took place in Salt Lake City from March to May 1895. The constitution was subsequently approved by the citizens of Utah. It took several attempts to get a constitution approved by Congress, which finally admitted Utah as a state in 1896.
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The US Constitution
The Constitution delineates the federal government into three branches: the legislative, executive, and judicial. The legislative branch, as described in Article I, consists of a bicameral Congress comprising the Senate and the House of Representatives. The House of Representatives is composed of members chosen every second year by the people of the states, with each state's electors having the requisite qualifications for electors of the most numerous branch of their state legislature. The executive branch, outlined in Article II, includes the President and subordinate officers, with the President also serving as the Commander-in-Chief of the military. The judicial branch, detailed in Article III, consists of the Supreme Court and other federal courts.
Articles IV, V, and VI of the Constitution embody the principles of federalism, delineating the rights and responsibilities of state governments, their relationship with the federal government, and the process of constitutional amendment. Article VII sets out the procedure for ratification by the original 13 states.
The process of amending the Constitution involves two steps: proposal and ratification. Amendments can be proposed by a two-thirds majority in both houses of Congress or by a national convention called for by two-thirds of state legislatures. Ratification requires the approval of three-fourths of the states (38 out of 50), which can be achieved through the consent of state legislatures or state ratifying conventions.
In addition to the US Constitution, each state has its own constitution and oath of office for elected officials. For example, Utah's Oath of Office Amendment, or Amendment A, approved in 2016, changed the oath of office for state officials to specifically mention "the state of Utah" and to prioritise the Utah Constitution over the US Constitution. This amendment demonstrates the interplay between state and federal constitutions and the unique obligations of state officials.
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The President's Oath
The President of the United States takes an oath of office, also known as the "President's Oath", before assuming the duties of the presidency. The oath is specified in the US Constitution and reads:
> "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 US Supreme Court, although this is not always the case. For example, Lyndon Johnson was sworn in by a US District Judge in Texas, while Calvin Coolidge was sworn in by his father, who was a notary public and justice of the peace.
The current presidential oath is a product of the 1860s, having been drafted during the Civil War. In April 1861, at the outbreak of the war, 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". 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. In 1864, the Senate adopted a resolution requiring all senators to take the Test Oath, and in 1868, an alternative oath was prescribed for those who had participated in the rebellion but had been pardoned by Congress.
In 1884, a new generation of lawmakers repealed the first section of the Test Oath, leaving intact the current affirmation of constitutional allegiance. The original oath for members of Congress, adopted by the First Congress in 1789, included the words: "I do solemnly swear (or affirm) that I will support the Constitution of the United States."
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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 and is usually given by the retiring Vice President, a member of Congress, or another government official, such as a justice of the Supreme Court.
The current oath, which has been in use since 1884, 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 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. There are also two instances where the location of the vice president's oath of office is unknown.
The oath has been changed several times by Congress since 1789, and there have been instances of the oath being administered incorrectly. For example, in 1989, during Dan Quayle's swearing-in, Supreme Court Justice Sandra Day O'Connor skipped the line "against all enemies, foreign and domestic." In 2005, Speaker of the House Dennis Hastert said, "that I will defend and support the Constitution of the United States," instead of the correct wording.
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Frequently asked questions
Yes, all Utah governors take an oath to uphold the state constitution.
The oath of office for Utah governors is: "I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of the State of Utah."
The Utah Oath of Office Amendment, also known as Amendment A, was approved on November 8, 2016.
