The framers understood that the Constitution could only function effectively if lawmakers, judges, and other government officials agreed to uphold it. For that reason, Article VI established the US Constitution as the “supreme Law” of the United States:
All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
Under Article VI, senators, representatives, state legislatures, and “all executive and judicial officers” are required to swear under oath that they will support the US Constitution. Notably, the framers included a provision that barred the government from requiring religious tests for public office.
In 1789, the Senate passed its first piece of legislation: the Oath Act, which established an oath for members of Congress and other civil servants, who were required to state, “I do solemnly swear that I will support the Constitution of the United States.” Congress has revised the oath several times throughout American history, but it currently reads: “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.”
