Oaths of Office
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Main Content
Oaths of Office
Annotation
Executive, legislative and judicial officers of federal and state governments must swear an oath of allegiance to the United States and to protect the Constitution. Under the 14th Amendment southerners who had take the Constitutional oath and served in the United States government and had then taken up arms against the United States in the Civil War and fought for the Confederacy were banned from holding office. The 14th Amendment allowed for Congress to lift this ban with a vote of 2/3 of the members of the Senate and the House of Representatives.
Citations
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Citations
Article 2, Section 1, Clause 8
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."
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Article 6, Cluase 3
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.
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Amendment 14, Section 3
No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.