Isabella Carter
In the United States, judges are required to take an oath of office, swearing to uphold the Constitution. The exact wording of the oath is: 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. This oath ensures that judges remain impartial and committed to administering justice fairly and equally to all, in accordance with the Constitution.
| Characteristics | Values |
|---|---|
| Nature of the oath | To support and defend the Constitution of the United States against all enemies, foreign and domestic |
| Who does it apply to? | The Chief Justice and all judges of the Court of Claims |
| Frequency | Every new Congress, in January of every odd-numbered year |
| Who administers the oath? | The Speaker of the House of Representatives for members of the House; the presiding officer for a Senator-elect |
| What are the exact words of the 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." |
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What You'll Learn
- The US Constitution does not specify what the swearing-in must include
- The oath is: I do solemnly swear that I will support and defend the Constitution..
- The oath is taken by the entire House of Representatives and one-third of the Senate
- The oath was revised during the Civil War to address concerns about traitors
- The Chief Justice administers the oath, but this is not always the case
The US Constitution does not specify what the swearing-in must include
Similarly, judges and justices are required to take an oath of office, swearing to uphold the Constitution. The exact wording of the oath is not mandated by the Constitution, but it typically includes a promise to "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".
The oath of office for judges and justices has evolved over time. Before 1990, the oath included the phrase "according to the best of my abilities and understanding, agreeably to the Constitution". This was changed to "under the Constitution" by Pub. L. 101-650, a piece of legislation signed into law by President George H.W. Bush.
The swearing-in ceremony for judges and justices is a solemn occasion, marking the beginning of their service to the judicial system and their commitment to upholding the Constitution and the laws of the United States. While the specific format of the ceremony may vary, the oath of office is a critical component, serving as a reminder of the importance of impartiality, equality, and fidelity to the law in the administration of justice.
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The oath is: I do solemnly swear that I will support and defend the Constitution..
The oath, "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 that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God", is taken by the vice-president-elect, senators, representatives, and other federal employees. The oath has been in use since 1884.
The oath was preceded by the "Ironclad Test Oath", which was created during the Civil War in 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. In 1864, a resolution was passed that required all senators to take the Test Oath. After the Civil War, some former Confederates were allowed to take only the second section of the 1862 oath. This led to complaints from Northerners, and in 1884, the first section of the Test Oath was repealed.
The current oath is taken by members of the House of Representatives and one-third of the Senate 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 administered. A Senator-elect takes the oath of office from the presiding officer in an open session of the Senate.
The oath is also taken by each Supreme Court Justice, with a slight variation: "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."
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The oath is taken by the entire House of Representatives and one-third of the Senate
The United States Constitution, in Article VI, Clause 3, states that senators and representatives, among other officials, must be bound by oath or affirmation to support the Constitution. The specifics of the oath were left to the First Congress (1789-1791), which specified the wording of the oath as:
> "I, [name] do solemnly swear or affirm (as the case may be) that I will support the Constitution of the United States."
This oath was used for all federal officials except the President, whose oath is prescribed specifically in the Constitution (Article II, Section 1, Clause 8). The oath taken by members of Congress has changed several times since the First Congress. For example, during the Civil War, Congress mandated that the oath bar from office anyone who had been disloyal to the Union. The current version of the oath, which has been in use since 1966, is prescribed in Title 5, Section 3331 of the United States Code.
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 the oath of office. This group swearing-in ceremony takes place on the House Floor on the opening day of a new Congress.
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The oath was revised during the Civil War to address concerns about traitors
The current oath of office for senators is a product of the 1860s, drafted during the Civil War. At the time, the routine act of oath-taking became one of enormous significance due to shifting and uncertain loyalties. Congress responded by introducing several new oaths. The first, enacted in July 1861, is nearly identical to the one that members and federal employees take today.
In July 1862, Congress passed the "Ironclad Test Oath", a much tougher oath for civil servants and military officers. It required not only a pledge of future loyalty to the Union but also an affirmation of past fidelity, stating that they had never previously engaged in disloyal conduct. This was particularly aimed at northern traitors and southern soldiers, with northerners complaining of the law's unfair double standard.
In March 1863, the Senate made the Test Oath voluntary for senators. However, in 1864, Massachusetts senator Charles Sumner succeeded in making it mandatory for all senators, leading Delaware senator James Bayard to resign in protest. That same year, 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.
Following the Civil War, Congress permitted some former Confederates to take only the second section of the 1862 oath. An 1868 statute prescribed an 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." This separate oath for Southern members-elect was used by Radical Republicans to keep Southern Democrats from returning to Congress.
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The Chief Justice administers the oath, but this is not always the case
The oath of office for judges includes a pledge to uphold the Constitution. For instance, the current oath for Members of the House includes a pledge to "support and defend the Constitution of the United States against all enemies, foreign and domestic." 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." This oath was revised during the Civil War due to concerns about traitors.
The specific wording of the oath can vary, but it typically includes a commitment to administer justice impartially and faithfully discharge the duties of the office. For example, the oath for judges includes the phrase "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."
While the Chief Justice typically administers the oath, there may be exceptions or variations depending on the specific circumstances or traditions of the court. The Constitution does not specify what the swearing-in ceremony must include, allowing for flexibility in the process.
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Frequently asked questions
Yes, judges must swear to uphold the Constitution. The oath they take includes the words: "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." This was revised during the Civil War due to concerns about traitors. In 1990, the phrase "according to the best of my abilities and understanding, agreeably to the Constitution" was changed to "under the Constitution".
The current oath for members of Congress 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 will [...] discharge the duties of the office on which I am about to enter. So help me God."
