The inauguration of President Abraham Lincoln on March 4, 1861. The 1861 inauguration is believed to be the first ever photographed. Public Domain photo.
“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.”
– Presidential Oath of Office (Article II, Section One, Clause 8, of the United States Constitution)
Each president must recite the simple oath of office. The Oath of Office of the President of the United States is the oath or affirmation that the President of the United States takes after assuming the office, but importantly before exercising or carrying out any presidential powers or duties.
This clause is one of three oath or affirmation clauses in the Constitution, but it is the only one that actually specifies the words that must be spoken (the only clause that specifies the actual oath language for a constitutional actor).
Article I, Section 3 requires senators, when sitting to try impeachments, to be "on Oath or Affirmation."
Article VI, Clause 3, similarly requires the persons specified therein to "be bound by oath or affirmation, to support this Constitution."
The Presidential Oath requires much more than that general oath of allegiance and fidelity. This clause enjoins the new president to swear or affirm that he "will to the best of my ability, preserve, protect and defend the Constitution of the United States."
The clause does not specify who shall administer the oath, though it has been the common, but not universal, practice for the chief justice to do so. Overall, the presidential oath has been administered by 15 Chief Justices (one of whom – William Howard Taft – was also a former president), one Associate Justice, four federal judges, two New York state judges, and one notary public.
The Framers drew upon similar provisions in a number of early state constitutions in drafting the clause, but they plainly believed that a special oath for the president was indispensable. At the Constitutional Convention, when George Mason and James Madison moved to add the “preserve, protect and defend” language, only James Wilson objected, on the ground that “the general provision for oaths of office, in a subsequent place, rendered the amendment unnecessary.”
The prospect of George Washington’s becoming president cannot be discounted. The Framers perhaps desired an oath that would replicate the public values of the man who was presiding over the Convention. More significantly, because the presidency was unitary, there were no available internal checks, as there were in the other branches with their multiple members. A specially phrased internal check was therefore necessary, one that tied the president’s duty to “preserve, protect and defend” to his obligations to God, which is how the Founders understood what was meant by an oath or affirmation. As Justice Joseph Story noted in his A Familiar Exposition of the Constitution of the United States (1842):
“A President, who shall dare to violate the obligations of his solemn oath or affirmation of office, may escape human censure, nay, may even receive applause from the giddy multitude. But he will be compelled to learn, that there is a watchful Providence, that cannot be deceived; and a righteous Being, the searcher of all hearts, who will render unto all men according to their deserts.
“Considerations of this sort will necessarily make a conscientious man more scrupulous in the discharge of his duty; and will even make a man of looser principles pause, when he is about to enter upon a deliberate violation of his official oath.”
(“The Heritage Guide to the Constitution.” The Heritage Foundation. Heritage.org. 2021.)
The Date
In 18th-century America it seemed reasonable to set aside four months between the election and the inauguration. This would provide enough time to tally the votes, to have the electoral college members send their ballots to Washington, and for the president-elect to organize the new government.
But, in the modern world of communications and politics, four months was an eternity in which crises could arise or the outgoing administration could do untold amounts of mischief. In 1933 the Twentieth Amendment to the Constitution changed the date of presidential inaugurations from March 4 to January 20.
(“The Oath of Office. National Museum of American History. americanhistory.si.edu.)
Affirm or Swear?
The Constitutional language gives the option to "affirm" instead of "swear". While the reasons for this are not documented, it may relate to certain Christians, including Quakers, who apply this scripture literally: "But above all things, my brethren, swear not, neither by heaven, neither by the earth, neither by any other oath: but let your yea be yea; and your nay, nay; lest ye fall into condemnation" (James 5:12, KJV).
(Andrea Seabrook. “Oath Of Office: To Swear Or To Affirm.” NPR. January 18, 2009.)
Franklin Pierce was the only president known to use the word "affirm" rather than "swear” and he also broke precedent by not kissing the Bible. Herbert Hoover is often listed to have used "affirm" as well, owing to his being a Quaker, but a newsreel taken of the ceremony indicates that the words used were "solemnly swear." Richard Nixon, who was also a Quaker, swore, rather than affirmed.
By convention, incoming presidents raise their right hand and place the left on a Bible while taking the oath of office. Most use a special family Bible, leaving it open to a passage that has particular meaning for them.
In 1789, George Washington took the oath of office with an altar Bible borrowed from the St. John's Lodge No. 1, Ancient York Masons lodge in New York, and he kissed the Bible afterward. Subsequent presidents up to and including Harry S. Truman, followed suit. Dwight D. Eisenhower said a prayer in the end instead of kissing the Bible in 1953.
Theodore Roosevelt did not use the Bible when taking the oath in 1901. John Quincy Adams swore on a book of law, with the intention that he was swearing on the constitution. Lyndon B. Johnson was sworn in on a Roman Catholic missal on Air Force One.Harry Truman, Dwight Eisenhower, Richard Nixon, George H. W. Bush, Barack Obama and Donald Trump each swore the oath on two Bibles.
(“Bibles Used in Inaugural Ceremonies.” webarchive.org. Joint Congressional Committee on Inaugural Ceremonies.)
The Very First – April 30, 1789
In 1788, the Confederation Congress scheduled the first presidential inauguration for the first Wednesday in March of the following year. However, the early months of 1789 proved to be unseasonably cold and snowy and bad weather delayed many members of the First Federal Congress from arriving promptly in New York City, the temporary seat of government.
Until a quorum could be established in both the House and the Senate, no official business could be conducted. Finally, on April 6, 1789 - over a month late - enough members had reached New York to tally the electoral ballots. The ballots were counted on April 6 and George Washington won unanimously with 69 electoral votes. Washington was then notified of his victory and traveled to New York City from his home in Virginia.
On April 30, 1789, George Washington took the oath as the first president of the United States. The oath was administered by Robert R. Livingston, the Chancellor of New York, on a second floor balcony of Federal Hall, above a crowd assembled in the streets to witness this historic event.
(“George Washington's First Inaugural Address, April 30, 1789.” The Center For Legislative Archives. 2021.)
At the auspicious moment marking the birth of the federal government under the Constitution, Senator William Maclay of Pennsylvania observed that even the great Washington trembled when he faced the assembled representatives and senators.
Maclay added …
"This great man was agitated and embarrassed more than ever he was by the levelled Cannon or pointed Musket."
(“George Washington's First Inaugural Address, April 30, 1789.” The Center For Legislative Archives. 2021.)
Geri Zabela Eddins of ourwhitehouse.org writes of the very first U.S. Presidential Inauguration …
“The inauguration of the new country’s first president provided the perfect incentive for a large-scale celebration that lasted over two weeks and spanned nearly three hundred miles from the coast of Virginia to America’s first capital, New York City. The festivities culminated with the inaugural ceremony on April 30, 1789, when the nation’s beloved General George Washington arrived in a carriage to the steps of Federal Hall. On this crisp, sunny day, banners and flags rippled across the city, while more than ten thousand cheering citizens crammed into the streets, peered through the windows of neighboring buildings, and gathered on rooftops to welcome Washington and witness his inauguration.
“The tall, stately Washington wore an American-made brown suit fastened with metal buttons emblazoned with eagles. He carried a ceremonial sword at his side. Washington strode up the stairs to the second-floor balcony that overlooked the city. From there he could see the thousands of spectators, which included the entirety of Congress assembled on a platform facing the hall. A table covered in red velvet was situated in the middle of the balcony, and on it rested a Bible. With Vice President John Adams at his side, Washington placed one hand on the Bible. Prompted by New York Chancellor Robert R. Livingston, Washington repeated the oath of office as required by the Constitution. Upon Washington’s completion of the thirty-five word oath, Livingston proclaimed, “It is done. Long live George Washington, President of the United States.” The crowds erupted into thunderous cheers and bells tolled throughout the city.”
“Shortly after swearing the oath of office, Washington addressed both the Senate and the House of Representatives in the Senate chamber, then walked up Broadway with a group of legislators and local political leaders to pray at St. Paul’s Chapel. Washington’s inaugural day festivities concluded with fireworks exploding over the city.”
(Geri Zabela Eddins. “The Presidential Oath of Office.” Our White House. The National Children's Book and Literacy Alliance. 2021)
The Oath has been taken 72 times by the 45 presidents of the United States who have preceded Mr. Joe Biden. This numerical discrepancy results chiefly from two factors: a president must take the oath at the beginning of each term of office, and, because Inauguration Day has sometimes fallen on a Sunday, four Presidents (Hayes [1877], Wilson [1917], Eisenhower [1957], and Reagan [1985]) have taken the oath privately before the public inaugural ceremonies.
In addition, President Arthur took the oath privately following the death of President Garfield and again two days later in the Capitol. Grover Cleveland is considered the 22nd and 24th presidents, having served two nonconsecutive terms (1885-1889 and 1893-1897).
(“Inauguration at the U.S. Capitol.” Architect of the Capitol. 2021.)
The oaths administered to date have been taken place in the following locations:
U.S. Capitol (55 occasions)
East Portico — 34
Hall of the House of Representatives — 6
Senate Chamber — 3
West Front — 8
East Front of Original Senate Wing — 1
President's Room — 1
Rotunda — 1
Vice President's Room — 1
White House — 6
Old Brick Capitol (1st & A Sts., N.E.; site of present Supreme Court Building) — 1
Washington, D.C. (not in Capitol or White House) — 2
Outside Washington, D.C. — 7
(“Inauguration at the U.S. Capitol.” Architect of the Capitol. 2021.)
Christine Hauser of The New York Times provides some more brief history of the oath:
Lyndon B. Johnson was the first and only president to take the oath of office on an airplane, after John F. Kennedy was assassinated on Nov. 22, 1963. It was also the first time that a woman administered the oath: Judge Sarah T. Hughes of the Northern District of Texas swore in Mr. Johnson on Air Force One, using a Roman Catholic missal found on board, before the plane left Dallas for Washington.
The oath-taking of Barack Obama, who became the nation’s first Black president in 2009, had a unique twist. He was administered the oath twice by Chief Justice John G. Roberts Jr.: The second time was on Jan. 21 in a do-over at the White House after the two men stumbled over each other’s words during the inauguration ceremony the day before.
“In 25 seconds, President Obama became president again,” The New York Times wrote.
(Christine Hauser. “Who Was the First New President to …?” The New York Times Jan. 18, 2021.)
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