Oaths of Federal Office


United States Constitution, Article VI
… 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.

President 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.

[U.S. Constitution, Article II, Section 1]

Senators and Members of the House of Representatives:
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.

[www.senate.gov/learning/brief_12.html]

Judges and Justices:
I do solemnly swear 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 all the duties incumbent on me as ______, according to the best of my abilities and understanding agreeably to the Constitution and laws of the United States.

[Cited in Marbury v. Madison, 5 U.S. 137, 180 (1803)]


HISTORY OF CONGRESSIONAL OATH:

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 performs a solemn and festive constitutional rite that is as old as the Republic. While the oath-taking dates back to the First Congress in 1789, the current oath is a product of the 1860s, drafted by Civil War-era members of Congress intent on ensnaring traitors.

The Constitution contains an oath of office only for the president. For other officials, including members of Congress, that document specifies only that they "shall be bound by Oath or Affirmation to support this constitution." In 1789, the First Congress reworked this requirement into a simple fourteen-word oath: "I do solemnly swear (or affirm) that I will support the Constitution of the United States."

For nearly three-quarters of a century, that oath served nicely, although to the modern ear it sounds woefully incomplete. Missing are the soaring references to bearing "true faith and allegiance;" to taking "this obligation freely, without any mental reservation or purpose of evasion;" and to "well and faithfully" discharging the duties of the office.

The outbreak of the Civil War quickly transformed the routine act of oath-taking into one of enormous significance. On April 30, 1861, at a time of uncertain and shifting loyalties, President Abraham Lincoln ordered all federal civilian personnel to retake the 1789 oath. When Congress convened for a brief emergency session several months later, members supplemented the president's action by enacting legislation requiring these employees to take an expanded oath in support of the Union. Its text is the earliest direct predecessor of the modern oath.

When Congress returned for its regular session in December 1861, members who believed that the Union had more to fear from northern traitors than southern soldiers fundamentally revised the August 1861 statute, adding a new first section known as the "Ironclad Test Oath." The war-inspired Test Oath, signed into law on July 2, 1862, required civil servants and military officers to swear not only to future loyalty, as required by the existing oath, but also to affirm that they had never previously engaged in criminal or disloyal conduct. Those government employees who failed to take the 1862 Test Oath would not receive a salary; those who swore falsely would be prosecuted for perjury and forever denied federal employment.

The 1862 oath's second section incorporated a more polished and graceful rendering of the hastily drafted 1861 oath. Although Congress did not extend coverage of the Ironclad Test Oath to its own members, many took it voluntarily. Angered by those who refused this symbolic act during a wartime crisis, and determined to prevent the eventual return of prewar southern leaders to positions of power in the national government, congressional hard-liners eventually succeeded by 1864 in making the Test Oath mandatory for all members.

The Senate then revised its rules to require that members not only take the Test Oath orally, but also that they "subscribe" to it by signing a printed copy. This condition reflected a wartime practice in which military and civilian authorities required anyone wishing to do business with the federal government to sign a copy of the Test Oath. The current practice of newly sworn senators signing individual pages in an elegantly bound oath book dates from this period.

As tensions cooled during the decade following the Civil War, Congress enacted legislation permitting former Confederates to take only the second section of the 1862 oath, the current version. Northerners immediately pointed to the new law's unfair double standard that required loyal Unionists to take the Test Oath's harsh first section while permitting ex-Confederates to ignore it. In 1884, a new generation of lawmakers quietly repealed the first section, leaving intact today's moving affirmation of constitutional allegiance.

Source:  United States Senate



Copyright  ©  2004  ·  Barry A. Kintner  ·  A2Z Computer Works  ·  Phoenix, Arizona