Congressional oaths of office












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Is it a requirement of holding congressional office that
one must swear an oath to uphold the Constitution of the United States?










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    Is it a requirement of holding congressional office that
    one must swear an oath to uphold the Constitution of the United States?










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      12












      12








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      Is it a requirement of holding congressional office that
      one must swear an oath to uphold the Constitution of the United States?










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      Is it a requirement of holding congressional office that
      one must swear an oath to uphold the Constitution of the United States?







      united-states congress






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      edited Feb 15 at 20:15









      Brythan

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      asked Feb 12 at 16:43









      Jim MackJim Mack

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          13














          Yes



          The law regarding, and the wording of, the oath is given in 5 U.S. Code § 3331. It is also not limited to just Congress:




          An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, shall take the following oath: “I, AB, 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 section does not affect other oaths required by law.




          (emphasis mine)





          As an aside, the President is exempted in the law above, because that oath is specifically prescribed in Act II, Section 1 of the Constitution:




          Before he enter on the execution of his office, he shall take the following oath or affirmation:--"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."




          (emphasis mine)






          share|improve this answer





















          • 8





            To preempt later followup questions: It's worth noting the reason the President is exempted here is because his oath is specified in the Constitution, so there is no need to add this on top of it. It is not because the President is not sworn to uphold the Constitution.

            – Bobson
            Feb 12 at 21:43








          • 1





            @Bobson Feel free to add that in, or I will when I get a chance to.

            – Geobits
            Feb 12 at 23:31











          • @Bobson and since its specified in the Constitution, Congress actually cannot add more requirements for becoming a President.

            – JonathanReez
            Feb 13 at 1:43






          • 1





            See also U.S. Constitution, Art. VI, Clause 3: "The Senators and Representatives before mentioned, and the Members fo the several State Legislatures, and all executive and judicial Officers, both fo the United States and 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." (irregular capitalization in the original).

            – ohwilleke
            Feb 15 at 23:26








          • 1





            The "So help me God" clause of the statute is unconstitutional by the way.

            – ohwilleke
            Feb 15 at 23:27











          Your Answer








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          1 Answer
          1






          active

          oldest

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          1 Answer
          1






          active

          oldest

          votes









          active

          oldest

          votes






          active

          oldest

          votes









          13














          Yes



          The law regarding, and the wording of, the oath is given in 5 U.S. Code § 3331. It is also not limited to just Congress:




          An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, shall take the following oath: “I, AB, 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 section does not affect other oaths required by law.




          (emphasis mine)





          As an aside, the President is exempted in the law above, because that oath is specifically prescribed in Act II, Section 1 of the Constitution:




          Before he enter on the execution of his office, he shall take the following oath or affirmation:--"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."




          (emphasis mine)






          share|improve this answer





















          • 8





            To preempt later followup questions: It's worth noting the reason the President is exempted here is because his oath is specified in the Constitution, so there is no need to add this on top of it. It is not because the President is not sworn to uphold the Constitution.

            – Bobson
            Feb 12 at 21:43








          • 1





            @Bobson Feel free to add that in, or I will when I get a chance to.

            – Geobits
            Feb 12 at 23:31











          • @Bobson and since its specified in the Constitution, Congress actually cannot add more requirements for becoming a President.

            – JonathanReez
            Feb 13 at 1:43






          • 1





            See also U.S. Constitution, Art. VI, Clause 3: "The Senators and Representatives before mentioned, and the Members fo the several State Legislatures, and all executive and judicial Officers, both fo the United States and 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." (irregular capitalization in the original).

            – ohwilleke
            Feb 15 at 23:26








          • 1





            The "So help me God" clause of the statute is unconstitutional by the way.

            – ohwilleke
            Feb 15 at 23:27
















          13














          Yes



          The law regarding, and the wording of, the oath is given in 5 U.S. Code § 3331. It is also not limited to just Congress:




          An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, shall take the following oath: “I, AB, 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 section does not affect other oaths required by law.




          (emphasis mine)





          As an aside, the President is exempted in the law above, because that oath is specifically prescribed in Act II, Section 1 of the Constitution:




          Before he enter on the execution of his office, he shall take the following oath or affirmation:--"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."




          (emphasis mine)






          share|improve this answer





















          • 8





            To preempt later followup questions: It's worth noting the reason the President is exempted here is because his oath is specified in the Constitution, so there is no need to add this on top of it. It is not because the President is not sworn to uphold the Constitution.

            – Bobson
            Feb 12 at 21:43








          • 1





            @Bobson Feel free to add that in, or I will when I get a chance to.

            – Geobits
            Feb 12 at 23:31











          • @Bobson and since its specified in the Constitution, Congress actually cannot add more requirements for becoming a President.

            – JonathanReez
            Feb 13 at 1:43






          • 1





            See also U.S. Constitution, Art. VI, Clause 3: "The Senators and Representatives before mentioned, and the Members fo the several State Legislatures, and all executive and judicial Officers, both fo the United States and 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." (irregular capitalization in the original).

            – ohwilleke
            Feb 15 at 23:26








          • 1





            The "So help me God" clause of the statute is unconstitutional by the way.

            – ohwilleke
            Feb 15 at 23:27














          13












          13








          13







          Yes



          The law regarding, and the wording of, the oath is given in 5 U.S. Code § 3331. It is also not limited to just Congress:




          An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, shall take the following oath: “I, AB, 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 section does not affect other oaths required by law.




          (emphasis mine)





          As an aside, the President is exempted in the law above, because that oath is specifically prescribed in Act II, Section 1 of the Constitution:




          Before he enter on the execution of his office, he shall take the following oath or affirmation:--"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."




          (emphasis mine)






          share|improve this answer















          Yes



          The law regarding, and the wording of, the oath is given in 5 U.S. Code § 3331. It is also not limited to just Congress:




          An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, shall take the following oath: “I, AB, 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 section does not affect other oaths required by law.




          (emphasis mine)





          As an aside, the President is exempted in the law above, because that oath is specifically prescribed in Act II, Section 1 of the Constitution:




          Before he enter on the execution of his office, he shall take the following oath or affirmation:--"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."




          (emphasis mine)







          share|improve this answer














          share|improve this answer



          share|improve this answer








          edited Feb 15 at 13:13

























          answered Feb 12 at 16:57









          GeobitsGeobits

          842615




          842615








          • 8





            To preempt later followup questions: It's worth noting the reason the President is exempted here is because his oath is specified in the Constitution, so there is no need to add this on top of it. It is not because the President is not sworn to uphold the Constitution.

            – Bobson
            Feb 12 at 21:43








          • 1





            @Bobson Feel free to add that in, or I will when I get a chance to.

            – Geobits
            Feb 12 at 23:31











          • @Bobson and since its specified in the Constitution, Congress actually cannot add more requirements for becoming a President.

            – JonathanReez
            Feb 13 at 1:43






          • 1





            See also U.S. Constitution, Art. VI, Clause 3: "The Senators and Representatives before mentioned, and the Members fo the several State Legislatures, and all executive and judicial Officers, both fo the United States and 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." (irregular capitalization in the original).

            – ohwilleke
            Feb 15 at 23:26








          • 1





            The "So help me God" clause of the statute is unconstitutional by the way.

            – ohwilleke
            Feb 15 at 23:27














          • 8





            To preempt later followup questions: It's worth noting the reason the President is exempted here is because his oath is specified in the Constitution, so there is no need to add this on top of it. It is not because the President is not sworn to uphold the Constitution.

            – Bobson
            Feb 12 at 21:43








          • 1





            @Bobson Feel free to add that in, or I will when I get a chance to.

            – Geobits
            Feb 12 at 23:31











          • @Bobson and since its specified in the Constitution, Congress actually cannot add more requirements for becoming a President.

            – JonathanReez
            Feb 13 at 1:43






          • 1





            See also U.S. Constitution, Art. VI, Clause 3: "The Senators and Representatives before mentioned, and the Members fo the several State Legislatures, and all executive and judicial Officers, both fo the United States and 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." (irregular capitalization in the original).

            – ohwilleke
            Feb 15 at 23:26








          • 1





            The "So help me God" clause of the statute is unconstitutional by the way.

            – ohwilleke
            Feb 15 at 23:27








          8




          8





          To preempt later followup questions: It's worth noting the reason the President is exempted here is because his oath is specified in the Constitution, so there is no need to add this on top of it. It is not because the President is not sworn to uphold the Constitution.

          – Bobson
          Feb 12 at 21:43







          To preempt later followup questions: It's worth noting the reason the President is exempted here is because his oath is specified in the Constitution, so there is no need to add this on top of it. It is not because the President is not sworn to uphold the Constitution.

          – Bobson
          Feb 12 at 21:43






          1




          1





          @Bobson Feel free to add that in, or I will when I get a chance to.

          – Geobits
          Feb 12 at 23:31





          @Bobson Feel free to add that in, or I will when I get a chance to.

          – Geobits
          Feb 12 at 23:31













          @Bobson and since its specified in the Constitution, Congress actually cannot add more requirements for becoming a President.

          – JonathanReez
          Feb 13 at 1:43





          @Bobson and since its specified in the Constitution, Congress actually cannot add more requirements for becoming a President.

          – JonathanReez
          Feb 13 at 1:43




          1




          1





          See also U.S. Constitution, Art. VI, Clause 3: "The Senators and Representatives before mentioned, and the Members fo the several State Legislatures, and all executive and judicial Officers, both fo the United States and 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." (irregular capitalization in the original).

          – ohwilleke
          Feb 15 at 23:26







          See also U.S. Constitution, Art. VI, Clause 3: "The Senators and Representatives before mentioned, and the Members fo the several State Legislatures, and all executive and judicial Officers, both fo the United States and 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." (irregular capitalization in the original).

          – ohwilleke
          Feb 15 at 23:26






          1




          1





          The "So help me God" clause of the statute is unconstitutional by the way.

          – ohwilleke
          Feb 15 at 23:27





          The "So help me God" clause of the statute is unconstitutional by the way.

          – ohwilleke
          Feb 15 at 23:27


















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