Omar Bennett
The U.S. Constitution requires federal and state officials to take an Oath of Office to support the Constitution. This includes the President, Vice President, federal judges, executive officers, members of Congress, and Senators. The oath is intended to remind federal workers that they do not swear allegiance to a supervisor or political appointee, but to the Constitution. The specific wording of the oath has changed over time, with the current version dating back to the 1860s. The oath is typically sworn at the start of each new Congress, with one-third of senators taking the oath to begin their new terms.
| Characteristics | Values |
|---|---|
| Who takes the oath? | Federal employees, Representatives, Senators, judges, political appointees, and the President and Vice President of the United States |
| What is the oath? | "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." |
| When is the oath taken? | 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 takes an oath of office. |
| What is the oath for members of Congress? | "I do solemnly swear (or affirm) that I will support the Constitution of the United States." |
| What is the oath for the President? | "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." |
| What is the oath 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 who I am about to enter. So help me God." |
| Can the oath be affirmed instead of sworn? | Yes, the Constitution gives the option to "affirm" instead of "swear." |
| Is there a religious aspect to the oath? | No, the Constitution states that "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States." |
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What You'll Learn
The President of the United States must swear an Oath of Office
Article 2, Section 1, of the US Constitution prescribes the Oath for the President:
> 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 presidential oath has been administered by 15 chief justices, one associate justice, four federal judges, two New York state judges, and one notary public. 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 B. Johnson was sworn in by Sarah T. Hughes, a US district judge in Texas, after the death of John F. Kennedy.
The current oath for other officials, including members of Congress, specifies that they "'shall be bound by Oath or Affirmation to support this Constitution.'" In 1789, the First Congress adopted a simple oath:
> I do solemnly swear (or affirm) that I will support the Constitution of the United States.
At the outbreak of the Civil War in 1861, President Abraham Lincoln ordered all federal civilian employees within the executive branch to take an expanded oath. This led to the creation of the Ironclad Test Oath, which 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 inclusion of the phrase "So help me God" in oaths has been a topic of debate. While some presidents have included it, such as William Henry Harrison in 1841, others like Abraham Lincoln allegedly chose not to, citing the absence of God's name in the Constitution.
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The Vice President of the United States must swear an Oath of Office
The current oath sworn by 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 taken by the Vice President is almost identical to that taken by the President. The President's oath is prescribed specifically in the Constitution (Article II, Section 1, Clause 8). The Vice President's oath is administered immediately before the President's, and both are inaugurated in the same ceremony.
The practice of swearing an Oath of Office dates back to the First Congress in 1789, when the following simple oath was adopted:
> I do solemnly swear (or affirm) that I will support the Constitution of the United States.
At the outbreak of the Civil War 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". 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 repealed in 1884, and the oath used today has not changed since 1966.
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Senators must swear an Oath of Office
The U.S. Constitution requires Senators, Representatives, members of several State Legislatures, and all executive and judicial officers to take an Oath of Office. The oath is a promise to support the Constitution and not any individual supervisor, agency, political appointee, or even the President. It is designed to protect the public from a government that might fall victim to political whims.
The current oath taken by senators is:
> 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 evolved over time. The First Congress adopted a simple oath in 1789:
> I do solemnly swear (or affirm) that I will support the Constitution of the United States.
During the Civil War, concerns about traitors led to changes in the oath. In 1861, President Abraham Lincoln ordered federal civilian employees within the executive branch to take an expanded oath, and Congress added a new section in 1862, known as the "Ironclad Test Oath." This required civilian and military officials to swear 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, which they affirmed by signing a printed copy. After the Civil War, some former Confederates were permitted to take only the second section of the 1862 oath, leading to complaints about a double standard. In response, lawmakers repealed the first section of the Test Oath in 1884, resulting in today's affirmation of constitutional allegiance.
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Representatives must swear an Oath of Office
The U.S. Constitution requires representatives, senators, members of state legislatures, and all executive and judicial officers to swear an Oath of Office. 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, as 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, and Congress adopted legislation requiring executive branch employees to support the Union. 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 they had never aided or encouraged "persons engaged in armed hostility" against the United States.
The current oath, as of 1966, is:
> "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 Constitution does not prescribe the actual text of the Article VI oaths, and the form of the oath has changed several times. The oath-taking practice dates back to the First Congress in 1789, but the current oath is a product of the 1860s, drafted during the Civil War. The oath 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 Oath of Office is meant to remind federal workers that they do not swear allegiance to a supervisor, an agency, a political appointee, or even the President. Instead, they swear to support and defend the U.S. Constitution and faithfully execute their duties.
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Federal judges must swear an Oath of Office
The Constitution requires certain officials to swear an oath to support it. This includes the President of the United States, senators, members of Congress, and federal judges. The current oath for federal judges is:
> I, [name of federal judge], 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 duties incumbent upon me as [name of office] under the Constitution and laws of the United States; and 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 for federal judges combines the judicial oath of office required of every justice and judge of the United States with the general oath administered to all federal government officials. Federal judges have been required to swear an oath as early as 1789.
The specific wording of the oath has evolved over time, particularly during the Civil War, when members of Congress were concerned about traitors. At the outbreak of the war in 1861, 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." This 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, at the urging of Senator Charles Sumner, the Senate adopted a resolution requiring all senators to take the Test Oath. Following the Civil War, some former Confederates were permitted to take only the second section of the 1862 oath, while loyal Unionists were required to take the harsh first section. This double standard led to complaints, and in 1884, the first section of the Test Oath was repealed, leaving today's affirmation of constitutional allegiance.
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Frequently asked questions
Federal employees, Representatives, Senators, judges, political appointees, and the President and Vice President of the United States.
"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."
Representatives take a similar oath to Senators, swearing to support the Constitution of the United States.
"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."
"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."
