28-U.S.C.-453

28-U.S.C.-453

§453 – Oaths of Justices and Judges

Pathway

Title 28 > Part I > Chapter 21 > Section 453

Details

  • Reference: Section 453
  • Legend: §453 – Oaths of Justices and Judges
  • USCode Year: 2013

Provision Content

Each justice or judge of the United States shall take the following oath or affirmation before performing the duties of his office: I, ______ XXX, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as ______ under the Constitution and laws of the United States. So help me God.

(June 25, 1948, ch. 646, 62 Stat. 907; Pub. L. 101–650, title IV, §404, Dec. 1, 1990, 104 Stat. 5124.)

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §§241, 372, and District of Columbia Code, 1940 ed., §§11–203, 11–303 (R.S.D.C., §752, 18 Stat. pt. II, 90; Feb. 9, 1893, ch. 74, §3, 27 Stat. 435; Mar. 3, 1901, ch. 854, §223, 31 Stat. 1224; Mar. 3, 1911, ch. 231, §§136, 137, 257, 36 Stat. 1135, 1161; Feb. 25, 1919, ch. 29, §4, 40 Stat. 1157).

This section consolidates sections 11–203 and 11–303 of District of Columbia Code, 1940 ed., and section 372 of title 28, U.S.C., 1940 ed., with that portion of section 241 of said title 28 providing that judges of the Court of Claims shall take an oath of office. The remainder of said section 241 comprises sections 171 and 173 of this title.

The phrase justice or judge of the United States was substituted for justices of the Supreme Court, the circuit judges, and the district judges appearing in said section 372, in order to extend the provisions of this section to judges of the Court of Claims, Customs Court, and Court of Customs and Patent Appeals and to all judges of any court which may be created by enactment of Congress. See definition in section 451 of this title.

The Attorney General has ruled that the expression any judge of any court of the United States applied to the Chief Justice and all judges of the Court of Claims. (21 Op. Atty. Gen. 449.)

Amendments

1990—Pub. L. 101–650 substituted under the Constitution for according to the best of my abilities and understanding, agreeably to the Constitution.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–650 effective 90 days after Dec. 1, 1990, see section 407 of Pub. L. 101–650, set out as a note under section 332 of this title.

U.S. Encyclopedia of Law Coverage

28-U.S.C.-359 in the Legal Encyclopedia: Judiciary

In this entry about 28-U.S.C.-359, find legal reference material, bibliographies and premiere content related to judiciary in the American Encyclopedia of Law, presenting a comprehensive view of the United States judiciary-specific issues, written by authorities in the field.

28-U.S.C.-452 in the Legal Encyclopedia: Judges

In this entry about 28-U.S.C.-452, find legal reference material, bibliographies and premiere content related to judges in the American Encyclopedia of Law, presenting a comprehensive view of the United States judges-specific issues, written by authorities in the field.

28-U.S.C.-363 in the Legal Encyclopedia: Courts Organization

In this entry about 28-U.S.C.-363, find legal reference material, bibliographies and premiere content related to courts organization in the American Encyclopedia of Law, presenting a comprehensive view of the United States courts organization-specific issues, written by authorities in the field.

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