The Oath of Office: What Officials Swear To

What an Oath of Office Is

An oath of office is a formal promise that a person makes when taking a public position. The official raises a hand, or signs a form, or both, and commits to carrying out the duties of the job faithfully. Some officials make an affirmation instead of an oath, which is the same promise without the religious language.

The tradition is old, and it carries a simple idea. People who exercise public power have made a public promise about how they will use it. That promise is on record, and it belongs to the public as much as to the person who made it.

What the Constitution Says

Article VI of the United States Constitution addresses this directly. It says that members of Congress, members of the state legislatures, and all executive and judicial officers of both the United States and the several states are bound by oath or affirmation to support the Constitution. The same article adds that no religious test shall be required as a qualification for any office or public trust.

The presidential oath is spelled out separately in Article II, and its words include a promise to preserve, protect, and defend the Constitution of the United States. For other federal officials, the wording is set by federal law, and states set their own forms for state and local positions. In other words, the broad requirement comes from the Constitution, while the exact words depend on the office.

Oaths Differ by Place and Office

There is no single national script. A judge, a sheriff, a legislator, a school board trustee, and a city council member may each recite different words, and the words may differ again from one state to the next. Many state constitutions include their own oath provisions, and state law often covers the local officials as well.

• Federal officials, such as members of Congress and federal judges, take oaths whose wording is set at the federal level.
• State officials, such as legislators and statewide officeholders, take oaths set under their state's constitution or laws.
• County and city officials, such as clerks, sheriffs, and council members, usually take oaths under state law or local rules.
• Appointed members of boards and commissions may also be required to take an oath, depending on the position.

Because of these differences, the best source is always the document that applies to your officials in your place.

How Citizens Can Read the Oath Their Officials Took

Oaths are generally public records. You do not need special training to find one, and you are not being rude by asking. A few common starting points can help.

• Read your state constitution, which often includes an article on oaths and qualifications for office.
• Ask the clerk of the city, county, or agency, since oath forms are often filed with a clerk or a state office.
• Check meeting minutes or recorded meetings, where swearing-in ceremonies are often noted.
• Submit a written public records request if the document is not readily available. Procedures and timelines for these requests vary by state.

When you ask, keep your request short and specific. Name the official and the office, state which document you want, and keep a dated copy of what you sent. If a request goes unanswered, your own record of when you made it is what you will have to rely on.

A Civic Promise, Read as Civic Education

It helps to be clear about what this article is and is not saying. Reading an oath is an act of civic literacy, the same way reading a city budget or a ballot measure is. It lets you understand what your officials have promised in public.

Whether and how an oath can be enforced in a particular situation is a legal question that depends on the jurisdiction, the office, and the facts, and this article does not take a position on it. What it does say is that you cannot weigh a promise you have never read.

Remedy at Law, a legal-education organization in Riverside, California, includes the oath of office among the topics in its Power of Paper course, a 14-module program for $49 one-time. Founder Kirk Beck, a teacher, built the course around the First Amendment right to petition and the affidavit process. You can call (951) 660-2856 or visit the course page to learn more. This article is general education, not advice about a specific situation.