Malcolm Rivera
The Constitution of the United States of America, established to form a more perfect union, includes an oath of office for the President, Vice President, members of Congress, and Supreme Court Justices. This oath, found in Article II, Section I, Clause 8, requires the President-elect to swear or affirm their duty to execute the office faithfully and defend the Constitution. Similarly, the Vice President, members of the House of Representatives, and Senators take an oath to support and defend the Constitution. The oath for Supreme Court Justices emphasizes impartial justice and equal rights for all. These oaths, with the exception of the President's, fall under Article VI, Clause 3, which states that no religious test shall be required for any office or public trust.
| Characteristics | Values |
|---|---|
| Who takes the Oath of Office? | The President, Vice President, House of Representatives, Senate, and Supreme Court Justices. |
| When is the Oath of Office taken? | Before assuming duties, at the start of each new Congress (in January of every odd-numbered year), or when sworn in by the Chief Justice of the U.S. Supreme Court. |
| What is the Oath of Office? | "I do solemnly swear (or affirm) that I will (faithfully execute the Office of President of the United States and) 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)." |
| Where is the Oath of Office mentioned in the Constitution? | Article II, Section I, Clause 8; Article VI, Clause 3 |
| Are there any restrictions on the swearing-in process? | No religious test or book is required. |
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What You'll Learn
Oath of Office for the President
The Oath of Office for the President is specified in Article II, Section I, Clause 8 of the US Constitution. The President-elect must take this oath before assuming their duties and exercising any official powers.
The oath is as follows:
> "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 Constitution does not outline any specific requirements for the swearing-in ceremony. Most Presidents-elect choose to swear on a Bible, but this is not mandatory. For example, John Quincy Adams used a book of law, and Teddy Roosevelt did not use any book. The President-elect is usually sworn in by the Chief Justice of the US Supreme Court, but this is also not a requirement. Lyndon Johnson, for instance, was sworn in by a US district judge in Texas.
The option to "affirm" instead of "swear" is provided by the Constitutional language, possibly to accommodate certain Christians, such as Quakers, who interpret scripture literally. Franklin Pierce is the only president known to have used the word "affirm".
The oath is administered in the affirmative and first person, so that the President-elect repeats it verbatim. Franklin Roosevelt, in 1933, stood silent as the Chief Justice recited the entire oath, and then repeated it himself. By Harry Truman's inauguration in 1949, the practice was for the Chief Justice to utter the oath in phrases, with the President-elect repeating. By convention, the incoming President raises their right hand and places their left hand on a Bible.
The Vice President also takes an oath of office, which is administered immediately before the President's. The Vice President's 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."
This oath is similar to the one taken by 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 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.
The Fourteenth Amendment states that no person shall be a Senator or Representative in Congress, or hold any office under the United States, who has previously taken an oath as a member of Congress or officer of the United States, and has engaged in insurrection or rebellion against the same.
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Oath of Office for the Vice President
The Vice President's Oath of Office is administered immediately before the President's. The Vice President-elect will step forward on the Inaugural platform and repeat the oath of office. The Oath of Office for the Vice President 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 is 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 Vice President's oath-taking ceremony has changed over time. Until 1933, the Vice President took the oath of office in the Senate; today, both the President and Vice President are inaugurated in the same ceremony. The location of the Vice President’s oath-taking ceremony has also changed since John Adams became Vice President in 1789. Today, the Vice President recites the oath on the Inaugural platform constructed on the West Front of the U.S. Capitol.
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Oath of Office for the House of Representatives
The Oath of Office for the House of Representatives is a feature of government that has been in place for centuries. When the United States was a colony of Great Britain, officials swore allegiance to the king. Today, the oath is administered to the entire House of Representatives at the start of each new Congress, in January of every odd-numbered year. For Members of the House, the Speaker will direct the Members to rise, and the oath is administered.
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."
The oath has undergone several revisions since its inception. 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." During the Civil War, the oath was revised to address concerns about traitors. The "Ironclad Test Oath", as it became known, 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, which sparked complaints from Northerners about the law's unfair double standards. In response, lawmakers repealed the first section of the Test Oath in 1884, leaving intact today's affirmation of constitutional allegiance. 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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Oath of Office for the Senate
The Oath of Office is a swearing-in ceremony that must be taken by government officials before they take office. While the Constitution only specifies an oath of office for the President, Article VI states that other officials, including members of Congress, "shall be bound by Oath or Affirmation to support this Constitution".
The current oath taken by senators 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."
This oath is taken by senators-elect at the beginning of a new term of office, in an open session of the Senate. The senators-elect are escorted to the presiding officer's desk by another senator. The current practice of newly sworn senators signing individual pages in an elegantly bound oath book dates back to the Civil War. During this time, President Abraham Lincoln ordered all federal civilian employees within the executive branch to take an expanded 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.
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Oath of Office for Supreme Court Justices
The Oath of Office is a requirement for all Supreme Court Justices, as outlined in Title 28, Chapter I, Part 453 of the United States Code. This oath, taken before assuming their judicial duties, serves as a solemn pledge to uphold the impartial administration of justice and defend the Constitution.
"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. 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 underscores the commitment of Supreme Court Justices to impartiality and equality before the law, ensuring that justice is served without bias or favouritism. The inclusion of "So help me God" adds a spiritual dimension to the oath, invoking divine guidance and accountability.
While the specific amendment containing the Oath of Office for Supreme Court Justices was not identified, it is worth noting that the Constitution outlines the Oath of Office for the President-elect in Article II, Section I, Clause 8. Additionally, the Vice President and members of Congress, including the House of Representatives and the Senate, also take their own oaths of office, as mandated by law.
The oath-taking ceremony for Supreme Court Justices carries significant weight, marking their official entrance into the highest judicial body in the United States and underscoring their responsibility to uphold the nation's laws and the Constitution.
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Frequently asked questions
The Oath of Office for the President is stated in Article II, Section I, Clause 8 of the Constitution: "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 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."
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."
According to Title 28, Chapter I, Part 453 of the United States Code, each Supreme Court Justice takes the following 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."
Yes, according to Article II of the Constitution, only a natural-born citizen of the United States who is at least 35 years old and has been a resident of the country for at least 14 years is eligible to become President.
