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Glassroth v. Moore (2003). (4 U.S.C.

Under current law any individual elected or appointed to an office of honor or profit in the civil service or uniformed services, except the President, shall take the following oath: “I, [name], 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.” (33 U.S.C. For example, the Supreme Court has held that Congress may not “conscript” the legislatures or executive officers of a state directly into federal service. There was no oath in the Articles of Confederation. At the start of each new Congress, all Members beginning a new term of office (the entire House of Representative and one-third of the Senate) take an oath to support and defend the Constitution of the United States. § 3331.) Later, the delegates added the words “or affirmation” (to oblige the Quakers, who were circumspect of taking oaths, as a matter of religious doctrine) as well as the ban on federal religious tests (in the next clause).

The Framers’ general understanding was that proscribing religious tests did not necessarily remove the religious significance of the general oath. So help me God. For the sake of consistency and unity, the delegates amended the Oaths Clause to cover officers of the national government as well. Govt. “This is a direct appeal to that God who is the avenger of perjury.” Customarily, officeholders add the words “so help me God” at the completion of their oaths.

The simple declaration to “support the Constitution” has constitutional significance at all levels of government. “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….”. Bond v. Floyd (1966). At the start of each new Congress, all Members beginning a new term of office (the entire House of Representative and one-third of the Senate) take an … New York v. United States (1992); Printz v. United States (1997). Beyond the mechanism of the separation of powers, the Oaths Clause places an independent obligation on officeholders to observe the limits of their authority. Congress repealed the latter condition in 1884, leaving wording that is nearly identical to the current oath taken by Members and federal employees.

In England, subjects were required to swear loyalty to the reigning monarch; many early American documents included oaths of allegiance to the British king. During the Civil War, Congress promulgated an oath to require civil servants and military officers to not only swear allegiance to the United States but also affirm that they had not engaged in any previous disloyal conduct. By federal statute, all state officers shall take an oath in the simple form first promulgated in 1789. 27, Alexander Hamilton offered a careful and nuanced description of the Oaths Clause: “thus, the legislatures, courts, and magistrates, of the respective members, will be incorporated into the operations of the national government as far as its just and constitutional authority extends; and it will be rendered auxiliary to the enforcement of its laws.”.

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