Reform of the Oath of Office for the House of Representatives

https://www.congress.gov/bill/118th-congress/house-bill/1000/text?s=3&r=2&q={"search"%3A"Oath+of+Office"}

Text of H.R. 1000, OATHS act, as proposed by Representative Virginia Foxx (who happens to be my Congresswoman).

Legislation on this topic is definitely needed, as demonstrated by the cluster ■■■■ we witnessed when this Congress opened.

However, instead of her legislation, I would propose the following:

  1. Require, that after the State certifies its election, that it immediately provide certificates of election for each Representative elected, to the United States District Court having jurisdiction of the Representative’s home of record and to the Clerk of the House of Representatives.

  2. Require that, immediately subsequent to certification of the election, each Representative-elect shall present himself at the appropriate United States District Court and shall have the Oath of Office orally administered by any United States District Judge and shall sign a copy of the Oath. The United States District Court shall provide a certified copy of the Oath to the Representative and a certified copy of the Oath to the Clerk of the United States House of Representatives.

  3. The requirement to receive the Oath of Office at the opening session of the new Congress is repealed.

  4. The current wording of the Oath, to wit: “I, _________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”, is hereby repealed.

  5. The Oath of Office is modified to read, to wit: “I, _________, do solemnly swear (or affirm) that I will support the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”

I basically have removed remnants of the Ironclad Oath that really aren’t necessary, namely the mental reservation or purpose of evasion language, which is frankly part and parcel of taking any oath. I also change “support and defend” to “support” in conformity to the language of the United States Constitution.

This amendment would ensure that all members are sworn in prior to the beginning of a new Congress and would prevent the disruptions that occurred in numerous Congressional office due to the delay in administering the oath.

I would also institute an optional version of this for the Senate.

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