An act to regulate the time and manner of administering certain oaths

Last updated
An Act to regulate the Time and Manner of administering certain Oaths
Great Seal of the United States (obverse).svg
Enacted bythe 1st United States Congress
Citations
Public law Pub. L. Tooltip Public Law (United States)  1–1 (Session 1; 1 Stat. 23) (1789)
Statutes at Large 1  Stat.   23 (Chapter 1) (1789)
Legislative history

An Act to regulate the Time and Manner of administering certain Oaths [1] was the first law passed by the United States Congress after the ratification of the U.S. Constitution. It was signed by President George Washington on June 1, 1789, and parts of it remain in effect to this day.

The House of Representatives reached its first quorum on April 1, 1789. Five days later, it appointed a committee to draft a bill on the manner of administration of the oath for members of Congress required under Article VI of the Constitution. The House also voted that day to instruct the committee to include the following wording for the oath:

"I, A B a Representative of the United States in the Congress thereof, do solemnly swear or affirm (as the case may be) that I will support the Constitution of the United States."

On April 25, the committee reported its bill to the whole House, which approved it two days later. The Senate committee charged with the bill added a section requiring state officials and legislators to take the same oath as members of Congress. The Senate approved the bill with the change on May 5. The House did not object to the Senate's change, and representatives of each body took the bill to Washington for his signature.

The oath in the final bill differed from the original proposal by excluding the two clauses mentioning God, as well as the phrase "a Representative of the United States in Congress thereof." The act stipulated that any senator was to administer the oath to the President of the Senate (that is, the Vice President of the United States). The Vice President then administers the oath to the Senators. In the House, a Representative administers the oath to the Speaker, who then does the same to the other members. State and other federal officials were to take the same oath, administered by someone to be authorized by a later law.

Parts of the statute remain in Title 2, Sections § 21, § 22, and § 25, and Title 4, § 101 and § 102, of the United States Code.

Related Research Articles

<span class="mw-page-title-main">Article One of the United States Constitution</span> Portion of the US Constitution regarding Congress as right

Article One of the Constitution of the United States establishes the legislative branch of the federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the Senate. Article One grants Congress various enumerated powers and the ability to pass laws "necessary and proper" to carry out those powers. Article One also establishes the procedures for passing a bill and places various limits on the powers of Congress and the states from abusing their powers.

<span class="mw-page-title-main">Article Two of the United States Constitution</span> Portion of the US Constitution regarding the executive branch

Article Two of the United States Constitution establishes the executive branch of the federal government, which carries out and enforces federal laws. Article Two vests the power of the executive branch in the office of the president of the United States, lays out the procedures for electing and removing the president, and establishes the president's powers and responsibilities.

<span class="mw-page-title-main">Federal government of the United States</span> National government of the United States

The federal government of the United States is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, five major self-governing territories, several island possessions, and the federal district and national capital of Washington, D.C., where most of the federal government is based.

<span class="mw-page-title-main">1st United States Congress</span> 1789–91 meeting of the U.S. Congress

The 1st United States Congress, comprising the United States Senate and the United States House of Representatives, met from March 4, 1789, to March 4, 1791, during the first two years of George Washington's presidency, first at Federal Hall in New York City and later at Congress Hall in Philadelphia. With the initial meeting of the First Congress, the United States federal government officially began operations under the new frame of government established by the 1787 Constitution. The apportionment of seats in the House of Representatives was based on the provisions of Article I, Section 2, Clause 3, of the Constitution. Both chambers had a Pro-Administration majority. Twelve articles of amendment to the Constitution were passed by this Congress and sent to the states for ratification; the ten ratified as additions to the Constitution on December 15, 1791, are collectively known as the Bill of Rights, with an additional amendment ratified more than two centuries later to become the Twenty-seventh Amendment to the United States Constitution.

<span class="mw-page-title-main">2nd United States Congress</span> Legislative term from 1791–1793

The 2nd United States Congress, consisting of the United States Senate and the United States House of Representatives, met at Congress Hall in Philadelphia, Pennsylvania, from March 4, 1791, to March 4, 1793, during the third and fourth years of George Washington's presidency. The apportionment of seats in the House of Representatives was based on the provisions of Article I, Section 2, Clause 3 of the United States Constitution. Additional House seats were assigned to the two new states of Vermont and Kentucky. Both chambers had a Pro-Administration majority.

<span class="mw-page-title-main">3rd United States Congress</span> Legislative term from 1793-1795

The 3rd United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met at Congress Hall in Philadelphia, Pennsylvania from March 4, 1793, to March 4, 1795, during the fifth and sixth years of George Washington's presidency.

<span class="mw-page-title-main">8th United States Congress</span> 1803-1805 U.S. Congress

The 8th United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from March 4, 1803, to March 4, 1805, during the last two years of Thomas Jefferson's first term in office. The apportionment of seats in the House of Representatives was based on the 1800 United States census. Both chambers had a Democratic-Republican majority.

<span class="mw-page-title-main">11th United States Congress</span> 1809-1811 meeting of U.S. legislature

The 11th United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from March 4, 1809, to March 4, 1811, during the first two years of James Madison's presidency. The apportionment of seats in the House of Representatives was based on the 1800 United States census. Both chambers had a Democratic-Republican majority.

<span class="mw-page-title-main">Congress of the Philippines</span> National legislature of the Philippines

The Congress of the Philippines is the legislature of the national government of the Philippines. It is bicameral, composed of a lower body, the House of Representatives, although colloquially the term "Congress" commonly refers to just the latter, and an upper body, the Senate. The House of Representatives meets in the Batasang Pambansa in Quezon City while the Senate meets in the GSIS Building in Pasay.

<span class="mw-page-title-main">Congress of Colombia</span> Bicameral national legislature of Colombia

The Congress of the Republic of Colombia is the name given to Colombia's bicameral national legislature.

<span class="mw-page-title-main">Secretary of the United States Senate</span> Elected officer of the United States Senate

The secretary of the Senate is an officer of the United States Senate. The secretary supervises an extensive array of offices and services to expedite the day-to-day operations of that body. The office is somewhat analogous to that of the clerk of the United States House of Representatives.

<span class="mw-page-title-main">38th United States Congress</span> 1863-1865 U.S. Congress

The 38th United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met in Washington, D.C., from March 4, 1863, to March 4, 1865, during the last two years of President Abraham Lincoln's first term in office. The apportionment of seats in the House of Representatives was based on the 1860 United States census. The Senate had a Republican majority, and the House of Representatives had a Republican plurality.

<span class="mw-page-title-main">39th United States Congress</span> Legislative branch of the U.S. federal government from March 4, 1865 to March 4, 1867

The 39th United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met in Washington, D.C., from March 4, 1865, to March 4, 1867, during Abraham Lincoln's final month as president, and the first two years of the administration of his successor, Andrew Johnson.

<span class="mw-page-title-main">First inauguration of George Washington</span> 1st United States presidential inauguration

The first inauguration of George Washington as the first president of the United States was held on Thursday, April 30, 1789, on the balcony of Federal Hall in New York City, New York. The inauguration was held nearly two months after the beginning of the first four-year term of George Washington as president. Chancellor of New York Robert Livingston administered the presidential oath of office. With this inauguration, the executive branch of the United States government officially began operations under the new frame of government established by the 1787 Constitution. The inauguration of John Adams as vice president was on April 21, 1789, when he assumed his duties as presiding officer of the United States Senate; this also remains the only scheduled inauguration to take place on a day that was neither January nor March.

<span class="mw-page-title-main">United States Senate</span> Upper house of the US Congress

The United States Senate is the upper chamber of the United States Congress. The United States Senate and the lower chamber of Congress, the United States House of Representatives, comprise the federal bicameral legislature of the United States. Together, the Senate and the House maintain authority under Article One of the U.S. Constitution to pass or defeat federal legislation. The Senate has exclusive power to confirm U.S. presidential appointments, approve or reject treaties, and try cases of impeachment brought by the House. The Senate and the House provide a check and balance on the powers of the executive and judicial branches of government.

<span class="mw-page-title-main">Habeas Corpus Suspension Act (1863)</span> American Law during the Civil War

The Habeas Corpus Suspension Act, 12 Stat. 755 (1863), entitled An Act relating to Habeas Corpus, and regulating Judicial Proceedings in Certain Cases, was an Act of Congress that authorized the president of the United States to suspend the right of habeas corpus in response to the American Civil War and provided for the release of political prisoners. It began in the House of Representatives as an indemnity bill, introduced on December 5, 1862, releasing the president and his subordinates from any liability for having suspended habeas corpus without congressional approval. The Senate amended the House's bill, and the compromise reported out of the conference committee altered it to qualify the indemnity and to suspend habeas corpus on Congress's own authority. Abraham Lincoln signed the bill into law on March 3, 1863, and suspended habeas corpus under the authority it granted him six months later. The suspension was partially lifted with the issuance of Proclamation 148 by Andrew Johnson, and the Act became inoperative with the end of the Civil War. The exceptions to Johnson's Proclamation 148 were the States of Virginia, Kentucky, Tennessee, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Arkansas, and Texas, the District of Columbia, and the Territories of New Mexico and Arizona.

<span class="mw-page-title-main">Oath of office of the vice president of the United States</span>

The oath of office of the vice president of the United States is the oath or affirmation that the vice president of the United States takes upon assuming the vice-presidency but before beginning the execution of the office. It is the same oath that members of the United States Congress and members of the president's cabinet take upon entering office.

<span class="mw-page-title-main">Fayetteville Convention</span>

The Fayetteville Convention was a meeting by 271 delegates from North Carolina to ratify the US Constitution. Governor Samuel Johnston presided over the convention, which met in Fayetteville, North Carolina, from November 16 to 23, 1789 to debate on and decide on the ratification of the Constitution, which had recommended to the states by the Philadelphia Convention during the summer of 1787. The delegates ratified the Constitution by a vote of 194 to 77, thus making North Carolina the 12th state to ratify the constitution.

Eleven articles of impeachment against United States President Andrew Johnson were adopted by the United States House of Representatives on March 2 and 3, 1868 as part of the impeachment of Johnson. An impeachment resolution had previously been adopted by the House on February 24, 1868. Each of the articles were a separate charge which Johnson would be tried for in his subsequent impeachment trial before the United States Senate.

References

Wikisource-logo.svg The full text of An act to regulate the time and manner of administering certain oaths at Wikisource

  1. "A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774 - 1875".{{cite journal}}: Cite journal requires |journal= (help)