Congressional oaths of office












12















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










share|improve this question





























    12















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










    share|improve this question



























      12












      12








      12








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










      share|improve this question
















      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






      share|improve this question















      share|improve this question













      share|improve this question




      share|improve this question








      edited Feb 15 at 20:15









      Brythan

      68.2k8142232




      68.2k8142232










      asked Feb 12 at 16:43









      Jim MackJim Mack

      613




      613






















          1 Answer
          1






          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











          Your Answer








          StackExchange.ready(function() {
          var channelOptions = {
          tags: "".split(" "),
          id: "475"
          };
          initTagRenderer("".split(" "), "".split(" "), channelOptions);

          StackExchange.using("externalEditor", function() {
          // Have to fire editor after snippets, if snippets enabled
          if (StackExchange.settings.snippets.snippetsEnabled) {
          StackExchange.using("snippets", function() {
          createEditor();
          });
          }
          else {
          createEditor();
          }
          });

          function createEditor() {
          StackExchange.prepareEditor({
          heartbeatType: 'answer',
          autoActivateHeartbeat: false,
          convertImagesToLinks: false,
          noModals: true,
          showLowRepImageUploadWarning: true,
          reputationToPostImages: null,
          bindNavPrevention: true,
          postfix: "",
          imageUploader: {
          brandingHtml: "Powered by u003ca class="icon-imgur-white" href="https://imgur.com/"u003eu003c/au003e",
          contentPolicyHtml: "User contributions licensed under u003ca href="https://creativecommons.org/licenses/by-sa/3.0/"u003ecc by-sa 3.0 with attribution requiredu003c/au003e u003ca href="https://stackoverflow.com/legal/content-policy"u003e(content policy)u003c/au003e",
          allowUrls: true
          },
          noCode: true, onDemand: true,
          discardSelector: ".discard-answer"
          ,immediatelyShowMarkdownHelp:true
          });


          }
          });














          draft saved

          draft discarded


















          StackExchange.ready(
          function () {
          StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2fpolitics.stackexchange.com%2fquestions%2f38669%2fcongressional-oaths-of-office%23new-answer', 'question_page');
          }
          );

          Post as a guest















          Required, but never shown

























          1 Answer
          1






          active

          oldest

          votes








          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


















          draft saved

          draft discarded




















































          Thanks for contributing an answer to Politics Stack Exchange!


          • Please be sure to answer the question. Provide details and share your research!

          But avoid



          • Asking for help, clarification, or responding to other answers.

          • Making statements based on opinion; back them up with references or personal experience.


          To learn more, see our tips on writing great answers.




          draft saved


          draft discarded














          StackExchange.ready(
          function () {
          StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2fpolitics.stackexchange.com%2fquestions%2f38669%2fcongressional-oaths-of-office%23new-answer', 'question_page');
          }
          );

          Post as a guest















          Required, but never shown





















































          Required, but never shown














          Required, but never shown












          Required, but never shown







          Required, but never shown

































          Required, but never shown














          Required, but never shown












          Required, but never shown







          Required, but never shown







          Popular posts from this blog

          How to change which sound is reproduced for terminal bell?

          Can I use Tabulator js library in my java Spring + Thymeleaf project?

          Title Spacing in Bjornstrup Chapter, Removing Chapter Number From Contents