Isabella Carter
The oath of office is the oath sworn by government officials, including the President, Vice President, and members of Congress, to uphold the Constitution. The oath is a requirement for office and is specified in Article 2, Section 1, Clause 8 of the Constitution, which states that the President shall take the following oath: 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 oath of office for the Vice President and members of Congress contains similar wording, emphasizing their duty to support and defend the Constitution.
| Characteristics | Values |
|---|---|
| Year of first oath adoption | 1789 |
| First oath | "I do solemnly swear (or affirm) that I will support the Constitution of the United States." |
| Year of oath expansion | 1861 |
| Administrator of the oath | Usually the Chief Justice of the U.S. Supreme Court |
| Option to "affirm" instead of "swear" | Yes |
| Omission of "so help me God" | Yes |
| Oaths under the Judiciary Act of 1789 | Prescribed for all U.S. judges and officers other than the president |
| Oaths under various first state constitutions | Prescribed for all U.S. judges and officers other than the president |
| Oaths under the Second Continental Congress in 1776 | Prescribed for all U.S. judges and officers other than the president |
| Year of the "Ironclad Test Oath" | 1862 |
| Year of the repeal of the first section of the "Ironclad Test Oath" | 1884 |
| Year of the revised oath | 2009 |
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What You'll Learn
The presidential oath
> 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 a specific swearing-in procedure, but most presidents choose to swear an oath rather than make an affirmation, and to use a Bible when doing so. However, 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 not always the case. For example, Lyndon Johnson was sworn in by Sarah T. Hughes, a US District Judge in Texas, following the death of John F. Kennedy.
There have been two forms of administering the oath of office. Under the first form, now in disuse, the administrator articulated the constitutional oath in the form of a question, modifying the wording from the first to the second person, as in, "Do you, George Washington, solemnly swear..." and then requested an affirmation. At that point, a response of "I do" or "I swear" completed the oath. It is believed that this was the common procedure at least until the early 20th century.
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The vice-presidential oath
The vice president's oath of office is administered immediately before the president's. The vice president-elect takes their oath of office on the Inaugural platform before the president-elect takes the oath of office on Inauguration Day.
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 oath has been administered most often by the president pro tempore of the Senate (20 times, last in 1925).
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."
The vice president's oath is the same as that taken by members of the United States Congress and members of the president's cabinet upon entering office. The Constitution does not specify the form of the oath, only that the vice president should take an oath upholding the Constitution. The First Congress passed an oath act on June 1, 1789, authorizing only senators to administer the oath to the vice president. Since 1789, the oath has been changed several times by Congress. The present oath has been in use since 1884.
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The oath for members of Congress
> "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, resulting in the addition of the Ironclad Test Oath in 1862. 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. While Congress did not initially require its members to take this oath, many did so voluntarily. In 1864, a resolution was passed to mandate all senators to take the Test Oath, which included signing a printed copy.
Following the Civil War, Congress permitted some former Confederates to take only the second section of the 1862 oath. This led to complaints of a double standard, as loyal Unionists were required to take the harsher first section. In response, the first section of the Test Oath was repealed in 1884, leaving an affirmation of constitutional allegiance.
Today, members of the House of Representatives and one-third of the Senate take an oath of office at the start of each new Congress in January of every odd-numbered year. 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 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."
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The Ironclad Test Oath
However, Sumner persisted in his efforts, and in 1864, the Test Oath became mandatory for all senators. This led to the resignation of Delaware senator James Bayard in protest. The Ironclad Test Oath was also applied to federal employees, lawyers, and federal elected officials, and it played a significant role in removing many ex-Confederates from political power during the Reconstruction era. In 1867, the US Supreme Court held that the federal ironclad oath for attorneys and a similar Missouri state oath for ministers, teachers, and other professionals were unconstitutional.
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The option to 'affirm' instead of 'swear'
The option to affirm instead of swear in the Oath of Office is a long-standing tradition in the United States. The Constitution, in Article I, Section 3, requires senators to be "on Oath or Affirmation" when sitting to try impeachments. Similarly, Article VI, Clause 3, mandates that specified persons be "bound by oath or affirmation" to support the Constitution. This option to affirm is also present in the oaths of other officials, including members of Congress, who are simply required to "support this Constitution."
The practice of affirming instead of swearing has been utilised by US presidents as well. Franklin Pierce, for instance, is known to have used "affirm" during his oath of office. Other presidents, such as Herbert Hoover and Richard Nixon, who were Quakers, are believed to have considered using "affirm" due to their religious beliefs. However, a newsreel of Hoover's inauguration indicates that he used "solemnly swear."
The inclusion of the option to affirm in the Oath of Office may be rooted in religious interpretations. Certain Christians, including Quakers, interpret scripture literally, which discourages swearing oaths. The Biblical passage James 5:12 (KJV) states, "But above all things, my brethren, swear not, neither by heaven, neither by the earth, neither by any other oath: but let your yea be yea; and your nay, nay; lest ye fall into condemnation."
The tradition of affirming instead of swearing extends beyond the president and Congress. The military oath of office, for instance, includes the option to affirm. Officers in the US military pledge to "solemnly swear (or affirm)" their support and defence of the Constitution. This option allows individuals to choose a form of wording that aligns with their personal beliefs and values while still upholding their commitment to the nation.
In conclusion, the option to affirm instead of swear in the Oath of Office is a significant aspect of US political and military traditions. It reflects a long-standing recognition of the diversity of personal beliefs and religious interpretations among those serving the nation. By providing the choice to affirm, the Oath of Office ensures that individuals can take their respective oaths in a manner that resonates most sincerely with their values while still binding them to their duties and responsibilities.
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Frequently asked questions
The oath of office for the President is mentioned in Article 2, Section 1, Clause 8 of the US Constitution.
The oath of office for the President is: "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."
Yes, 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.
