Article 1, Section 3, Clause 6 — Oath Or Affirmation Requirement In Impeachment Trials
Primary source
Commentary below is sourced from the Cornell Legal Information Institute (LII) mirror of the U.S. Constitution Annotated, used per LII's robots.txt with 10-second crawl-delay compliance.
Commentary
Article I, Section 3, Clause 6:
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
The Constitution requires Senators sitting as an impeachment tribunal to take a special oath distinct from the oath of office that all Members of Congress must take.[1](https://www.law.cornell.edu/constitution-conan/article-1/section-3/clause-6/oath-or-affirmation-requirement-in-impeachment-trials#fn1art1 " U.S. Const. art. I, § 3, cl. 6. ")
This requirement underscores the unique nature of the role the Senate plays in impeachment trials, at least in comparison to its normal deliberative functions.[2](https://www.law.cornell.edu/constitution-conan/article-1/section-3/clause-6/oath-or-affirmation-requirement-in-impeachment-trials#fn2art1 " See Charles Black, Impeachment 9–10 (1974). ")
The Senate practice has been to require each Senator to swear or affirm that he will “do impartial justice according to the Constitution and laws.” [3](https://www.law.cornell.edu/constitution-conan/article-1/section-3/clause-6/oath-or-affirmation-requirement-in-impeachment-trials#fn3art1 " See Procedure and Guidelines for Impeachment Trials in the Senate, S. Doc. No. 93-33, 99th Cong., 2d Sess., at 61 (1986). ")
The oath was originally adopted by the Senate before proceedings in the impeachment of Senator Blount in 1798 and has remained largely unchanged since.[4](https://www.law.cornell.edu/constitution-conan/article-1/section-3/clause-6/oath-or-affirmation-requirement-in-impeachment-trials#fn4art1 " See
Senate Adopts First Impeachment Rules
, U.S. Senate, https://www.senate.gov/artandhistory/history/minute/Senate_Adopts_First_Impeachment_Rules.htm (last visited Jan. 24, 2018).
Footnotes
1
U.S. Const. art. I , § 3, cl. 6.
2
See Charles Black, Impeachment 9–10 (1974).
3
See Procedure and Guidelines for Impeachment Trials in the Senate, S. Doc. No. 93-33 , 99th Cong., 2d Sess., at 61 (1986).
4
See
Senate Adopts First Impeachment Rules
, U.S. Senate, https://www.senate.gov/artandhistory/history/minute/Senate\_Adopts\_First\_Impeachment\_Rules.htm (last visited Jan. 24, 2018).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.