Omar Bennett
The U.S. Constitution does not specify the text of the oath of office, but it does require senators and other officials to take an oath or affirmation to support the Constitution. The original oath for members of Congress was revised during the Civil War to address concerns about traitors. The oath has also been expanded at various times, such as in 1862 when Congress added the Ironclad Test Oath, requiring civilian and military officials to swear they had never aided or encouraged enemies of the U.S. While the Constitution does not outline the swearing-in process, it is a requirement for federal officials to take an oath of office, and it serves as a reminder that they are servants of the people and the Constitution, not any individual or agency.
| Characteristics | Values |
|---|---|
| The oath of office for senators | "I do solemnly swear (or affirm) that I will support the Constitution of the United States." |
| The oath of office for the Vice President | "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 for the President | Not specified in the Constitution, but includes supporting and defending the Constitution of the United States |
| When the oath is taken | At the start of each new Congress, in January of every odd-numbered year |
| Who administers the oath | The presiding officer in an open session of the Senate |
| Historical context | The First Congress adopted the original oath in 1789; it was revised during the Civil War to address concerns about traitors |
| Additional context | Senators sign an elegantly bound oath book after taking the oath |
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What You'll Learn
The original oath
> "I do solemnly swear (or affirm) that I will support the Constitution of the United States."
This simple oath was adopted by the First Congress in 1789. It was revised during the Civil War in 1861 when President Abraham Lincoln ordered all federal civilian employees within the executive branch to take an expanded oath. This was due to concerns about shifting loyalties and potential traitors.
At the conclusion of its emergency session that summer, Congress adopted legislation requiring executive branch employees to take the expanded oath in support of the Union. The following year, 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.
The Test Oath was not initially extended to members of Congress, but many took it voluntarily. In 1864, at the urging of Senator Charles Sumner of Massachusetts, 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, a practice that continues to this day in the form of signing an elegantly bound oath book.
The Constitution itself does not specify what the swearing-in ceremony must include, but it does require that officials, including members of Congress, "shall be bound by Oath or Affirmation to support this Constitution." It also states that no religious test shall ever be required as a qualification for any office or public trust.
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The Test Oath
The original oath for members of Congress, adopted in 1789, was a simple oath: "I do solemnly swear (or affirm) that I will support the Constitution of the United States." However, as the Civil War unfolded, members of Congress sought to strengthen the oath to address concerns about disloyalty and treason.
In March 1863, when newly elected senators of the 38th Congress took the oath of office, a debate arose regarding the Test Oath. Senator Charles Sumner of Massachusetts proposed a resolution to require all senators to take the Test Oath, arguing that the Senate "ought to set an example of obedience" to the laws. On the other hand, Senator Garrett Davis of Kentucky objected, claiming that Congress had no power to impose such an oath on its members and that it was unconstitutional.
Initially, the Senate settled on making the Test Oath voluntary for senators. However, in 1864, Sumner successfully made it mandatory for all senators, leading Delaware Senator James Bayard to resign in protest. The Test Oath remained in place until 1884 when a new generation of lawmakers repealed its first section, leaving only the affirmation of constitutional allegiance intact.
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The Constitution's requirements
The Constitution outlines the requirements for the oath of office, which is also known as a swearing-in ceremony. The Constitution only specifies an oath of office for the President, however, Article VI of the Constitution states that other officials, including members of Congress, "shall be bound by Oath or Affirmation to support this Constitution". This is reflected in the original oath for members of Congress: "I do solemnly swear (or affirm) that I will support the Constitution of the United States".
The Constitution does not dictate what the swearing-in ceremony must include, and the ceremony has changed over time. For example, while most Presidents-elect chose to swear their oath on a Bible, John Quincy Adams used a book of law, and Teddy Roosevelt did not use any book. Additionally, until 1933, the Vice President took the oath of office in the Senate, but now the President and Vice President are inaugurated in the same ceremony.
The oath of office has also been revised over time. During the Civil War, the oath was revised to address concerns about traitors. In 1862, Congress added a new section, which became known as the "Ironclad Test Oath". This new section 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.
Following the Civil War, Congress permitted some former Confederates to take only the second section of the 1862 oath, leading to complaints of a double standard. In 1884, the first section of the Test Oath was repealed, leaving today's affirmation of constitutional allegiance.
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The swearing-in ceremony
> 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.
The original oath for members of Congress was:
> I do solemnly swear (or affirm) that I will support the Constitution of the United States.
This oath was revised during the Civil War to address concerns about traitors. In 1862, Congress added a new section, known as the "Ironclad Test Oath," which required civilian and military officials to swear that they had never aided or encouraged "persons engaged in armed hostility" against the United States. While this oath was not initially extended to members of Congress, many took it voluntarily, and in 1864, a resolution was passed to require all senators to take the Test Oath.
Today, the oath of office is administered to the entire House of Representatives and one-third of the Senate at the start of each new Congress, in January of every odd-numbered year. The official swearing-in ceremony takes place on the opening day of Congress in the Senate chambers. A ceremonial swearing-in is also held in the Old Senate Chamber, where senators are traditionally photographed with the Vice President, who administers the oath. This tradition of repeating the oath for show dates back to the 1930s and has become more prominent with the advancement of photography.
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Historical context
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. Colonial and state legislatures also created oaths that required members to swear allegiance to the state and often profess a belief in God as well.
The Constitution does not specify what the swearing-in ceremony must include, and the only oath it outlines is for the President. However, Article VI of the Constitution states that other officials, including members of Congress, "shall be bound by Oath or Affirmation to support this Constitution". The original oath for members of Congress was: "I do solemnly swear (or affirm) that I will support the Constitution of the United States".
This oath was revised during the Civil War, at a time of uncertain and shifting loyalties, when members of Congress were concerned about traitors. In 1861, President Abraham Lincoln ordered all federal civilian employees within the executive branch to take an expanded oath. In 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. Although Congress did not extend coverage of the Ironclad Test Oath to its own members, many took it voluntarily. In 1864, all senators were required to take the Test Oath.
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". This caused controversy, with Northerners complaining of the law's unfair double standard. In 1884, 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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Frequently asked questions
Yes, Article VI of the US Constitution states that senators, representatives, state legislators, and all executive and judicial officers shall be "bound by Oath or Affirmation, to support this Constitution".
The original oath for members of Congress was: "I do solemnly swear (or affirm) that I will support the Constitution of the United States." Over time, this oath has been revised, with the current version being: "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 is administered by the presiding officer in an open session of the Senate. The current practice involves newly sworn senators signing individual pages in an elegantly bound oath book.
