Oath of office

from Wikipedia, the free encyclopedia
Lyndon B. Johnson takes his oath of office aboard Air Force One

The official or service oath is an oath or a declaration (e.g. in the form of a pledge ) that a person makes before taking on the duties of an office or service . In contrast to assertoric oaths , this form of the oath is one of the promissory oaths . Usually the office is a position within a government or religious community , although such oaths sometimes have to be taken by officials of other organizations (in which case it is more often referred to as an oath of service).

The oath is often required by the law of a state, religious group, or other organization before the incumbent is allowed to exercise actual powers. The oath of office is usually taken at an inauguration, coronation, or other ceremony associated with taking office. However, the taking of the oath can also be done privately in order to repeat it later during a public ceremony.

Some oaths of office are expressions of loyalty to a constitution , law or to a person or other official (e.g. an oath to uphold the constitution of a state or loyalty to a king). Depending on the laws of a state, a violation or an offense can have legal consequences for the person taking the oath if he is unfaithful to the sworn oath of office. The comparable oath of parliamentarians is seldom required in today's democracies.

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Office and service oaths have an old tradition that goes back well into the time before the Enlightenment . From today's perspective, they may be traced back to the contract theory, which began in ancient Greece in the 4th century BC: An attempt was made to secure peace in war-torn Greece through treaties. Its essential content consisted in the fact that the contract was concluded between all polis as contractual partners and each polis guaranteed its autonomy . (cf. on this: General Peace ). An oath of office or service therefore also represents a kind of “contract” that is concluded between the people and the person taking the oath (usually before God ).

  • Oaths of office and service usually require a transpersonal understanding of office, i. H. the notion that the office exists independently of the person of the respective holder.
  • The origin is the coronation oath of medieval rulers, in which one swears to protect the church, to uphold the law and to want to keep the peace. In the feudal view, this creates a contractual bond between the ruler and his immediate vassals, whose breach ( periurium ) could result in the termination of allegiance ( diffidatio ), while in the canonical view (see Decretals Novit , X 2.1.13) the violation of the coronation oath could lead to the ruler's inability to officiate and thus to the dismissal (cf. Infamis persona , C.3 q.7 c.1; Testimonium eius , X 2.20.54; Ad Apostolicae dignitatis , VI 2.14.2).
  • Office and service oaths are to be classified either in the light of feudal law and / or church law . In feudal law they are part of a system of associations of persons, in church law (which in this respect falls back on Roman law) official and service are ties of an official to an office and its metaphysical authority.
  • When Adolf Hitler applied to the State Secretary Otto Meißner to run a presidential cabinet on November 23, 1932 , Reich President Paul von Hindenburg rejected this application on November 24, 1932, fearing that a presidential cabinet "led by Hitler" would inevitably be closed a party dictatorship with all its consequences for an extraordinary aggravation of the differences in the German people would develop ”, which he (Hindenburg)“ could not answer before his oath and his conscience ”.
  • On January 30, 1933, Adolf Hitler swore before Paul von Hindenburg the oath provided for in the Reich Ministerial Law of March 27, 1930: “I will use my strength for the good of the German people, uphold the constitution and the laws of the Reich, and conscientiously uphold the duties incumbent on me and conduct my business impartially and fairly towards everyone. "
  • In the fall of 1969, Willy Brandt first invoked his oath of office when he was asked to sign three letters to the ambassadors of the United States, France and Great Britain confirming what the military governors had said in their letter of approval to the Basic Law of May 12, 1949 had made binding reservations. However, since Konrad Adenauer, Ludwig Erhard and Kurt Georg Kiesinger had also signed these letters, he also signed.
  • In 1981, Helmut Schmidt saw himself committed to the Basic Law and thus to the restoration of unity through his oath of office, which is why he could not negotiate the conversion of the permanent representations into embassies and the recognition of GDR citizenship, which was demanded by Honecker. Later Helmut Schmidt wrote about the oath of office and the appeal to God: “I had no conscience doubts about swearing the oath of office invoking God; however, I doubt that Martin Luther or the Vatican would recognize me as a Christian. "
  • In 1998, Gerhard Schröder was the first chancellor to renounce the religious affirmation “So help me God”. So far, most of the ministers who have also renounced religious assurances have been in his cabinet.
  • Angela Merkel referred to her oath of office on February 27, 2012 in relation to the euro rescue and a possible exit by Greece, saying: "My oath of office is forbidden to go on adventures."
  • SPD chancellor candidate Peer Steinbrück accused Angela Merkel of violating her oath of office in the course of the surveillance and espionage affair in July 2013. On her oath of office to avert damage to the German people, Steinbrück said: "So: to avert damage to the people - I imagine it to be different." ( Peer Steinbrück )

Legal position in Germany

Germany associates the oath of office with an old tradition that goes back to the time of the Enlightenment. Even the Prussian King Frederick the Great (1740–1786) defined the welfare of the individual as the highest principle in his country. This was legally established in the Allgemeine Landrecht (1794). The oath of office is already in the Paulskirche constitution of March 28, 1849 (Section VII, Article I, § 190). The Bismarckian constitution (1867/1871) did not provide for an oath. Nevertheless, the new emperors made vows on the constitution of their own accord, just as they knew it from the Prussian constitution.

There was again an oath of office for the head of state in the Weimar constitution of August 11, 1919 (Article 42). The Chancellor of the Weimar Republic also had to take an oath.

Depending on the constitution, the oath of office can have a legal meaning: The Prussian king could not exercise his powers without the oath of office. However, no one can take legal action against alleged violations of the oath of office. The criminal prosecution of violations of official duties is independent of the taking of the official oath.

The relevant Article 56 of today's Basic Law was commented on , for example, in Maunz / Dürig / Herzog / Scholz , Commentary on the Basic Law (Article 56 Paragraphs 4 and 10), as follows:

"Already according to the text of Art. 56, but also according to the simple legal regulation that this question found in the law on the election of the Federal President by the Federal Assembly, the beginning of the term of office or the official powers of the Federal President does not depend on the taking of the oath . Art. 56 merely requires that this take place in close temporal connection with the assumption of office. Nothing more results from the regulation. Like all official oaths that are provided for in German public law, the official oath of the Federal President is not punishable in any conceivable way, for example in the sense that a flagrant violation of the obligations assumed in the oath is criminally recognized as perjury or the like. would be rated. "

And further:

"No Federal President (and by the way, no Federal Chancellor and no Federal Minister) will be so cynical and so obsessed with power that at the moment of taking office, he is only concerned with the power, reputation or personal advantages associated with the new office. They will always be concerned with “making a difference”, i. H. To realize ideas that are closely related to their political and ethical basic positions, regardless of how these may look in detail and from which spiritual sources they may be nourished. These basic positions, which may be much higher for the individual and may be much more binding than any legal provision (even if it is the constitution), the new office bearer undertakes in addition to the public, and if he takes them halfway seriously, grows up For him, this resulted in a bundle of additional - non-legal - motives to lead the office in a way that corresponds to the constitution and, above all, to its constitutional possibilities and limits. "

The legal non-binding nature of the oath of office was occasionally also publicly discussed, for example by Wolfgang Thierse .

Examples

Federal Republic of Germany

The German oath of office is laid down in Article 56 of the German Basic Law and is taken by the Federal President and, according to Article 64, by the Federal Chancellor and the Federal Ministers when they take office. The Federal President takes the oath of office at a joint meeting of the Bundestag and Bundesrat ; the Federal Chancellor and the Federal Ministers take the oath in front of the members of the Bundestag.

The oath of office reads:

“I swear that I will devote my energies to the well-being of the German people, increase their benefits, prevent damage from them, uphold and defend the Basic Law and the laws of the Federation, conscientiously fulfill my duties and do justice to everyone. So help me God. "

The oath can also be taken without religious affirmation (Art. 56 sentence 2 GG).

Federal officials

For federal civil servants, this is regulated in Section 64 BBG .

The oath of service is:

"I swear to uphold the Basic Law and all laws applicable in the Federal Republic of Germany and to conscientiously fulfill my official duties, so help me God."

The oath can also be taken without a religious affirmation (Section 64 (2) BBG). If a civil servant refuses to take the prescribed oath for reasons of faith or conscience, the words “I vow” or another form of affirmation can be used instead of the words “I swear” (Section 64 (3) BBG).

According to § 38 BeamtStG and their respective state civil servants law, state and municipal officials have to take a similar oath of office, e.g. B. according to § 46 LBG NRW, in North Rhine-Westphalia the oath of office is also specified in Article 80 of the state constitution .

judge

A judge takes the following oath in a public session of a court ( Section 38 (1) DRiG ).

"I swear to exercise the judge's office, true to the Basic Law for the Federal Republic of Germany and true to the law, to judge to the best of my knowledge and belief without regard to the person and only to serve truth and justice, so help me God."

The oath can be taken without the words “so help me God”. On the other hand, it is not possible for judges (unlike civil servants and honorary judges) to choose another form of affirmation (e.g. a vow). This is justified by the fact that, according to procedural law, judges can always be in a position to take oaths themselves.

Judge of the Federal Constitutional Court

According to the Federal Constitutional Court Act ( Section 11 (1 ) BVerfGG ), judges of the Federal Constitutional Court take the following oath before the Federal President when taking up their office:

“I swear that, as a just judge, I will always faithfully uphold the Basic Law of the Federal Republic of Germany and conscientiously fulfill my judicial duties towards everyone. So help me God. "

If the oath is taken by a judge, then the words “as a just judge” are replaced by the words “as a just judge”.

According to Paragraph 2, another religious form of protest is permitted; According to Paragraph 3, this can also be omitted.

Honorary judges

Before their first job as honorary judges, honorary judges swear, "[...] to fulfill the duties of an honorary judge true to the Basic Law for the Federal Republic of Germany and true to the law , to judge to the best of their knowledge and belief without regard to the person and only to the truth and To serve justice […] ”( Section 45 (3 ) DRiG ). For reasons of faith or conscience, you can take an oath instead of an oath ( Section 45 (4) DRiG).

soldiers

Bundeswehr soldiers are also sworn in (temporary soldiers / professional soldiers) or vowed (those doing military service), depending on their status. The beginning of the oath and the religious affirmation differ, the legal meaning is identical.

" I swear to serve the Federal Republic of Germany faithfully and to bravely defend the rights and freedom of the German people, so help me God ."

Here, too, the religious testimony at the end of the formula is not mandatory. In addition

If a federal law allows members of a religious society to use other form of assurance instead of the words "I swear", the member of such a religious society can use this formula of assurance .

- § 9 Soldiers Act, oath for professional and temporary soldiers

" I vow to serve the Federal Republic of Germany loyally and to bravely defend the rights and freedom of the German people."

- Paragraph 9 of the Soldiers Act, formula for conscription soldiers

German state constitutions

Baden-Wuerttemberg

According to Article 48, the members of the government take the oath of office before the state parliament when they take office. It reads:

“I swear that I will devote my energies to the well-being of the people, increase their use, prevent harm, uphold and defend the constitution and law, conscientiously carry out my duties and do justice to everyone. So help me God. "

The oath can also be taken without a religious affirmation.

Bavaria

According to Article 56 of the Bavarian Constitution, all members of the state government take an oath on the state constitution before the state parliament before they take office. The formula of the oath is laid down in the Law on the Legal Relationships of Members of the State Government under Article 2, Paragraph 1 and reads for the Prime Minister, the State Ministers and the State Secretaries:

"I swear loyalty to the constitution of the Free State of Bavaria, obedience to the laws and conscientious fulfillment of my official duties, so help me God."

The members of the Constitutional Court (except for the President):

"I swear to exercise my judicial office, true to the Basic Law for the Federal Republic of Germany, true to the Constitution of the Free State of Bavaria and true to the law, to judge to the best of my knowledge and belief without regard to the person and only to serve truth and justice, God forbid." help. "

The oath can also be taken with a different or without a religious form of protest.

Berlin

According to the Berlin Senators' Act (§ 4), the ruling mayor and the members of the Senate appointed by him have to take the following oath before the House of Representatives:

"I swear to conduct my office fairly and impartially, true to the constitution and the laws, and to devote all my energy to the well-being of the people."

Brandenburg

According to Article 88, the Prime Minister and the Ministers of the State Government take the following oath before the State Parliament takes over the business:

“I swear that I will devote all my strength to the well-being of the people of the State of Brandenburg, to increase their benefit, to prevent damage from them, to administer the office entrusted to me impartially to the best of my knowledge and ability, to uphold and defend the constitution and the law, and to conscientiously fulfill my duties and will do justice to everyone. "

The oath can also be taken with a religious affirmation.

Bremen

According to Article 109, the members of the Senate take the oath on the constitution before the citizenship when they take office.

Hamburg

According to Article 38, Paragraph 1, the members of the Senate must take the following oath before the citizenship before taking up their office:

“I swear that I will remain loyal to Germany, the Basic Law of the Federal Republic of Germany and the Hamburg Constitution, observe the laws that conscientiously fulfill my duties as a member of the Senate and promote the well-being of the Free and Hanseatic City of Hamburg as much as I can . "

According to Article 38, Paragraph 2, the addition of a religious affirmation is permissible.

Hesse

According to Article 111, the Prime Minister shall take the following oath of office before the State Parliament, and the Ministers before the Prime Minister in the presence of the State Parliament when they take office:

"I swear that I will administer the office entrusted to me impartially to the best of my knowledge and ability and that I will obey and defend the constitution and law in a democratic spirit."

Mecklenburg-Western Pomerania

According to Article 44, the Prime Minister and the Ministers take the following oath before the State Parliament when they take office:

"I swear that I will devote my energies to the people and the country, to uphold and defend the Basic Law for the Federal Republic of Germany and the Constitution of Mecklenburg-Western Pomerania, as well as the laws, conscientiously fulfill my duties and exercise justice towards everyone."

The oath can be taken with the religious affirmation "So help me God" or without it.

North Rhine-Westphalia

According to Article 53, the members of the state government take the following oath of office before the state parliament when they take office:

“I swear that I will devote all my energy to the welfare of the state of North Rhine-Westphalia, to increase its benefits, to prevent damage from it, to administer the office entrusted to me impartially to the best of my knowledge and ability, to uphold and defend the constitution and the law, and to conscientiously fulfill my duties and will do justice to everyone. So help me God. "

The oath can also be taken without a religious affirmation.

The original formulation “for the well-being of the German people” was rejected as discriminatory by representatives of the Greens in the state parliament; on the occasion of the swearing-in of the members of the state parliament on June 9, 2010, the motion to delete a corresponding wording in the oath formula for members of the state parliament was unanimously resolved. A change of the oath of office for members of the state government rejected the parliamentary groups of CDU and FDP in February 2013. On June 27, 2016, the state commission for reforming the state constitution presented its proposals for amendments to the North Rhine-Westphalian constitution and suggested that the wording be replaced by: "For the benefit of the state of North Rhine-Westphalia". The commission report states that the decision was taken with a two-thirds majority and justified the wording with the fact that "the historical references of the oath - to the entire German people and its unification - (...) after reunification ceased to exist". He does not make any statements on the question of discrimination against residents without citizenship through the old wording. The green parliamentary group welcomed the "introduction of a non-discriminatory oath"; the SPD parliamentary group did not address the oath in its statement. The parliamentary group chairmen of the CDU and FDP had declared their offer of a compromise in a press release from June 15, in which other controversial points (regulation of the voting age, debt brake, constitutional complaints), but not the oath are addressed. The proposal to amend the state constitution was introduced as a joint draft law by the parliamentary groups of the SPD, CDU, Alliance 90 / Greens and FDP. With the law amending the constitution for the state of North Rhine-Westphalia of October 25, 2016, the words “German people” in Article 53 were replaced by the words “State of North Rhine-Westphalia”.

Lower Saxony

According to Article 31, the members of the state government must commit to the principles of a liberal, republican, democratic, social and the protection of the natural foundations of life under the rule of law when taking office before the state parliament and take the following oath:

"I swear that I will devote my energies to the people and the country, to uphold and defend the Basic Law for the Federal Republic of Germany and the Lower Saxony Constitution as well as the laws, to conscientiously fulfill my duties and to do justice to all people."

The oath can be taken with the affirmation “So help me God” or without it.

Rhineland-Palatinate

Prime Minister Malu Dreyer (r.) At the swearing-in ceremony by State Parliament President Hendrik Hering (left) in the State of Rhineland-Palatinate on May 18, 2016.

According to Article 100, Paragraph 1, the Prime Minister and the Ministers take the following oath before the Landtag when they take office:

"I swear by God Almighty and All-Knowing that I will conduct my office impartially, true to the constitution and the laws for the good of the people, so help me God."

According to Article 100, Paragraph 2 in conjunction with Article 8, Paragraph 3, Clause 2, the religious oath can be waived.

Saarland

According to Article 89, the members of the state government take the oath of office when they take office. It reads:

“I swear that I will devote my energies to the well-being of the people, increase their benefits, reverse damage from them, uphold and defend the constitution and law, conscientiously perform my duties and do justice to everyone. So help me God. "

The oath can also be taken without a religious affirmation.

Saxony

According to Article 61, the members of the state government take the oath of office before the state parliament when they take office. It reads:

"I swear that I will devote my strength to the well-being of the people, increase their benefits, prevent damage from them, uphold and defend the constitution and law, conscientiously fulfill my duties and do justice to all."

The oath can also be taken with the affirmation “So help me God”.

Saxony-Anhalt

According to Article 66, Paragraph 1, the members of the state government take the following oath before taking office before the state parliament:

"I swear that I will devote my energies to the good of the people, uphold the constitution and law, conscientiously carry out my duties, and do justice to everyone."

According to Article 66, Paragraph 2, the oath can be taken with the religious affirmation “So help me God” or without it.

Schleswig-Holstein

According to Article 28, Paragraph 1 of the Land Constitution of Schleswig-Holstein , the Prime Minister takes the following oath when taking office before the State Parliament:

“I swear: I will devote my strength to the well-being of the German people, defend their freedom, increase their benefits, prevent damage from them, uphold the laws of the Federal Republic of Germany and the State of Schleswig-Holstein, conscientiously fulfill my duties and do justice to all people to practice."

A religious affirmation can be added to the oath.

Thuringia

Prime Minister Thomas Kemmerich (FDP) at the swearing-in ceremony by State Parliament President Birgit Keller (Die Linke) in the Thuringian State Parliament on February 5, 2020.

According to Article 71, Paragraph 1, the Prime Minister and the Ministers take the following oath before the State Parliament when they take office:

"I swear that I will devote my energies to the good of the people, uphold the constitution and laws, conscientiously carry out my duties and do justice to everyone."

According to Article 71, Paragraph 2, the oath can be taken with a religious affirmation “So help me God”.

GDR

In the constitution of the GDR of October 7, 1949, the oath of office of the President of the Republic according to Article 102 read:

"I swear that I will devote my energies to the well-being of the German people, uphold the constitution and the laws of the republic, conscientiously fulfill my duties and do justice to everyone."

In the revised constitution of October 7, 1974, Article 68 defined the oath of office for the chairman, deputy chairman, members and secretary of the Council of State as follows:

"I swear that I will devote my energies to the well-being of the people of the German Democratic Republic, uphold their constitution and the laws, conscientiously fulfill my duties and do justice to everyone."

In the draft constitution of April 4, 1990, the oath of office can be found in Article 72 for the Prime Minister and the ministers in the following form:

"I swear that I will devote my energies to the well-being of the people, uphold the law and statutes of the German Democratic Republic, conscientiously fulfill my duties and do justice to everyone."

A religious affirmation could also be added to the oath.

Liechtenstein

In Liechtenstein, the head of government, members of the government and government employees take the following oath of service:

"I swear loyalty to the sovereign, obedience to the laws and close observation of the constitution, so help me God."

The obligation to take the oath results from Art. 87 of the Liechtenstein Constitution, the wording of the oath formula from Art. 108.

Austria

Inauguration of the Federal Government Kurz II by Federal President Alexander Van der Bellen (left) in the Leopoldine wing on January 7, 2020.

In Austria, the official oath of the Federal President, members of the government, members of parliament, civil servants and soldiers is referred to as a swearing- in.

According to Art. 62 of the Austrian Federal Constitutional Law , the Federal President takes the following pledge before the Federal Assembly:

"I pledge that I will faithfully observe the constitution and all laws of the republic and will fulfill my duty to the best of my knowledge and belief."

According to Art. 62 Para. 2 B-VG, the addition of a religious affirmation is permissible.

Switzerland

See also swearing in officials .

Ueli Maurer takes the oath of office

An elected Federal Councilor takes his or her oath of office (or vow) immediately after accepting the election. In the event of a general renewal election, the Federal Council takes the oath together. The members of the Federal Assembly also take the oath or vow before taking office. Anyone who refuses to take the oath is renouncing his office. The general secretary of the assembly reads out the formula:

"I swear before God Almighty to observe the constitution and the laws and to conscientiously fulfill the duties of my office."

The candidate raises his right hand and says:

"I swear."

A vow can also be taken in place of the oath. The words "I swear before God Almighty" are replaced by "I pledge" and the affirmation "I swear it" by "I pledge it". After that, the newly elected member is called a Federal Councilor.

Belgian king

Article 91 of the Belgian Constitution states that the king may only take the throne after taking the following oath before the united chambers:

"I swear to respect the constitution and the laws of the Belgian people, to preserve the country's independence and to preserve the integrity of the national territory."

President of Ghana

According to the 1992 constitution (second version) of the Republic of Ghana , the President-elect swears the following oath:

“I, (name) elected to the high office of President of the Republic of Ghana, swear (in the name of Almighty God) (solemnly vow) that I will be conscientious and faithful to the Republic of Ghana; that I will uphold, protect and defend the Constitution of the Republic of Ghana at all times; and that I will dedicate myself to the service and welfare of the people of the Republic of Ghana and be just towards all possible persons. […] Next (I solemnly swear) (I solemnly vow) that if at any time I break this oath of office, I will obey the law of the Republic of Ghana and suffer all penalties for it. (So ​​help me God) "

President of Greece

When taking office, the President of the Republic takes the following oath before Parliament in accordance with Article 33, Paragraph 2 of the Greek Constitution :

“I swear in the name of the Holy, Equal and Indivisible Trinity to uphold the Constitution and the laws, to ensure their faithful observance, to defend the national independence and the integrity of the country, to protect the rights and freedoms of the Greeks and in general Interest of serving the Greek people. "

President, Prime Minister and Minister of Poland

Swearing in of Lech Kaczyński (right)

According to Art. 130 of the Constitution , the term of office of the President of the Republic of Poland begins with the taking of the following oath of office to the National Assembly :

“In accordance with the will of the people, I take up the post of President of the Republic of Poland and I solemnly swear that I will remain faithful to the provisions of the Constitution, that I will unyieldingly safeguard the dignity of the people, the independence and security of the state and that the good of the fatherland and the well-being of citizens will always be my highest duty. "

According to Art. 130 Clause 3, this may be supplemented by a Christian religious affirmation: “So help me God”.

According to Art. 151, the Prime Minister and the other cabinet members take the oath to the President of the Republic of Poland:

“I take up the post of Chairman of the Council of Ministers (Deputy Chairman of the Council of Ministers, the Minister) and solemnly swear that I will abide by the provisions of the Constitution and the law of the Republic of Poland and that the welfare of the Fatherland and the welfare of citizens will always be my highest duty. "

Here too, according to Art. 151 Clause 3, religious affirmation is permissible.

President of Russia

During his inauguration, the Russian President takes the oath provided for in Article 82 of the Constitution of the Russian Federation:

“In exercising the powers of the President of the Russian Federation, I swear to respect and guarantee the rights and freedoms of people and citizens, to monitor and protect the Constitution of the Russian Federation, to protect the sovereignty , independence, security and integrity of the state and to serve the citizens faithfully. "

President of Turkey

Upon assuming his office, the President of the Republic shall take the following oath before the Turkish Grand National Assembly:

“I swear before the Great Turkish Nation and before history, with my honor and dignity, that in my capacity as President of the Republic I will protect the existence and independence of the state, the indivisible unity of fatherland and nation, the unlimited and unconditional sovereignty of the nation will remain connected to the constitution, the primacy of law, democracy, the principles and reforms of Ataturk and the principle of the secular republic, from the ideal that, in the spirit of the well-being of the nation, national solidarity and justice, everyone should I enjoy human rights and fundamental freedoms, will not deviate, will endeavor with all my might to protect and increase the fame and honor of the Republic of Turkey as well as the impartial fulfillment of the office that I have assumed. "

Ukrainian MPs

According to the Ukrainian constitution of 1996, the deputies of the Verkhovna Rada , the parliament of Ukraine in Kiev, according to Art. 79, take the following oath:

“I take the oath of allegiance to Ukraine. I undertake to defend the sovereignty and independence of Ukraine with all my actions and to look after the well-being of the fatherland and the Ukrainian people. I swear to abide by the Constitution and laws of Ukraine, to fulfill my duties in the interests of all fellow citizens. "

President of the United States

Joe Biden took his oath of office as President of the United States before Chief Justice John Roberts on January 20, 2021 .

According to Art. II, Sec. 1 of the United States Constitution , the President swears the following oath upon taking office:

"I (Name) 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."

"I, [Name], solemnly swear [or affirm] that I will faithfully carry out my duties as President of the United States and that I will uphold, protect, and defend the United States Constitution to the best of my ability."

Religious affirmation is not compulsory, but it is common in the form of “So help me God”. Franklin Pierce was the first president to take the presidential oath rather than swearing it.

See also

sources

  1. Federal Agency for Civic Education, Oath of Office and Oath of Service
  2. Dissertation: Ancient Greek Laws , “The Oath in Greek Law”, pp. 15–26 (PDF; 1.1 MB).
  3. ^ Basically Ludwig Buisson: Potestas and Caritas. Papal power in the late Middle Ages. In: Research on ecclesiastical legal history and canon law. Vol. 2, 2nd edition, Cologne / Vienna 1982. On English coronation silks in detail, especially Robert S. Hoyt: The Coronation Oath of 1308: The Background of 'Les leys et les custumes'. In: Traditio 11/1955, pp. 235-257; ders .: The Coronation Oath of 1308. In: EHR 71/1956, pp. 353-383; Henry Gerald Richardson: The English Coronation Oath. Read 6 January 1940. In: TRHS IV 23/1941, pp. 129-158; ders .: The English Coronation Oath , in: Speculum 24 (1949) 44-75; ders .: The Coronation in Medieval England. The Evolution of the Office and the Oath. In: Traditio 16/1960, pp. 111-202. S. a. Bertie Wilkinson: The Coronation Oath of Edward I. In: John Goronwy Edwards, Vivian Hunter Galbraith, Ernest Fraser Jacob (Eds.): Historical Essays in Honor of James Tait. Manchester 1933, pp. 405-416; ders .: The Coronation Oath of Edward II and the Statute of York. In: Speculum 19/1944, pp. 445-469.
  4. Federal Archives: No. 226 Adolf Hitler to State Secretary Meissner. November 23, 1932
  5. Federal Archives: No. 227, State Secretary Meissner to Adolf Hitler. November 24, 1932
  6. a b § 3 in the law on the legal relationships of the Reich Chancellor and the Reich Ministers (Reich Ministers Act) of March 27, 1930 (PDF; 815 kB).
  7. Die Zeit: Conspirators Against Injustice
  8. Egon Bahr : Three Letters and a State Secret , Zeit Online , May 14, 2009.
  9. ^ MDR: A Chancellor visits the Chairman of the State Council
  10. see footnote 1 in the article Christians in Democracy by the Federal Agency for Civic Education: Helmut Schmidt, Out of Service: Eine Bilanz, München 2008, p. 298
  11. Spiegel-Online: Cabinet swearing in: Schröder does not want any help from above
  12. How Angela Merkel advertised the aid package
  13. http://www.spiegel.de/politik/deutschland/steinbrueck-eroben-vorwuerfe-gegen-merkel-im-bams-interview-a-911024.html
  14. Der Spiegel 44/2000: Oath of Office - Just announced
  15. Nomos-BR / Staats DRiG / Johann-Friedrich Staats, 1st edition 2012, DRiG § 38 Rn. 5.
  16. ^ State constitution of Baden-Württemberg
  17. State Constitution of Bavaria
  18. ^ Law on the Legal Relationships of Members of the Bavarian State Government
  19. Senators Act Berlin
  20. State Constitution of Brandenburg ( Memento from May 15, 2013 in the Internet Archive )
  21. Art. 109 State Constitution of Bremen
  22. ^ Constitution of the Free and Hanseatic City of Hamburg
  23. ^ State constitution of Hesse
  24. ^ State constitution of Mecklenburg-Western Pomerania
  25. ^ State constitution of North Rhine-Westphalia
  26. Arif Ünal on the amendment
  27. ^ Theo Schumacher: Dispute about the oath formula for NRW ministers , DerWesten from February 28, 2013.
  28. ^ Amendments proposed by the Commission to amend the North Rhine-Westphalian Constitution
  29. Report of the Commission on the Reform of the North Rhine-Westphalian Constitution, dated June 27, 2016, p. 61 f.
  30. Press release from Stefan Engstfeld
  31. Press release from Hans-Willi Körfges ( Memento from September 21, 2016 in the Internet Archive )
  32. CDU and FDP strengthen civil rights and intergenerational justice ( Memento from July 3, 2016 in the Internet Archive )
  33. ^ Draft law to amend the constitution for the state of North Rhine-Westphalia
  34. Law amending the constitution for the state of North Rhine-Westphalia of October 25, 2016
  35. State Constitution of Lower Saxony
  36. ^ State constitution of Rhineland-Palatinate
  37. ^ State constitution of Rhineland-Palatinate
  38. ^ Saarland state constitution
  39. ^ State constitution of Saxony
  40. ^ State constitution of Saxony-Anhalt
  41. ^ State constitution of Schleswig-Holstein
  42. ^ State constitution of Thuringia
  43. ^ Constitution of the GDR of October 7, 1949
  44. ^ Constitution of the GDR of October 7, 1974
  45. ^ Draft constitution for the GDR of April 4, 1990
  46. Peter Bussjäger, in: Liechtenstein Institute (Ed.): Commentary on the Liechtenstein constitution. Online Commentary, Bendern 2016, Art. 87 , para. 12, www.verfassungs.li, last edited: July 13, 2018.
  47. Austrian Federal Constitutional Law
  48. ^ Oaths and vows. In: Parliamentary Dictionary. Parliament.ch, accessed on August 28, 2018.
  49. ^ Federal Council election of Ueli Maurer
  50. ^ Belgian Constitution, Chapter III: The King and the Federal Government, Section I: The King
  51. ^ Oath of office of Ghana (English) ( Memento from July 20, 2011 in the Internet Archive )
  52. http://www.verfassungen.eu/griech/verf75-index.htm
  53. a b Constitution of the Republic of Poland
  54. The Russian President's oath of office
  55. Turkey's oath of office ( Memento from September 29, 2007 in the Internet Archive )
  56. ^ Oath of office of the Ukrainian members of parliament (Ukrainian) ( Memento from February 25, 2009 in the Internet Archive )

Web links

Wiktionary: Oath of office  - explanations of meanings, word origins, synonyms, translations