U.S. Code
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Title 10
» Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 31— ENLISTMENTS
10 U.S.C. § 502
Enlistment oath: who may administer
(a)Enlistment Oath.—Each person enlisting in an armed force shall take the following oath:“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; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.”
(b)Who May Administer.—The oath may be taken before the President, the Vice-President, the Secretary of Defense, any commissioned officer, or any other person designated under regulations prescribed by the Secretary of Defense.(Aug. 10, 1956, ch. 1041, 70A Stat. 17, § 501; Pub. L. 87–751, § 1, Oct. 5, 1962, 76 Stat. 748; renumbered § 502, Pub. L. 90–235, § 2(a)(1)(A), Jan. 2, 1968, 81 Stat. 753; Pub. L. 101–189, div. A, title VI, § 653(a)(1), Nov. 29, 1989, 103 Stat. 1462; Pub. L. 109–364, div. A, title V, § 595(a), Oct. 17, 2006, 120 Stat. 2235.)The words “or affirmation” are omitted as covered by the definition of the word “oath” in section 1 of title 1. The words “of any armed force” are inserted in the last sentence, since they are necessarily implied by their use in the source statute.
Editorial NotesReferences in TextThe Uniform Code of Military Justice, referred to in the oath, is classified to chapter 47 (§ 801 et seq.) of this title.
CodificationAnother section 502 was renumbered section 500b of this title.
Amendments2006—Pub. L. 109–364 designated existing provisions as subsec. (a), inserted heading, struck out concluding provisions which read as follows: “This oath may be taken before any commissioned officer of any armed force.”, and added subsec. (b).
1989—Pub. L. 101–189 struck out “or affirmation” after “This oath”.
1962—Pub. L. 87–751 substituted “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” for “bear true faith and allegiance to the United States of America; that I will serve them honestly and faithfully against all their enemies whomsoever” and inserted “So help me God” in the oath, and “or affirmation” in text.
Statutory Notes and Related SubsidiariesEffective Date of 1962 AmendmentPub. L. 87–751, § 3, Oct. 5, 1962, 76 Stat. 748, provided that: “This Act [amending this section and section 304 of Title 32, National Guard] does not affect any oath taken before one year after its enactment [Oct. 5, 1962].”
Notes of Decisions
Elk Grove Unified Sch. Dist. v. Newdow, 542 U.S. 1 (2004).
· cites it 2× “§ 3331 ; 10 U.S.C. § 502 ; 8 CFR § 337.1 (2004). Many of our patriotic songs contain overt or implicit references to the divine, among them: America ("Protect us by thy might, great God our King"); America the Beautiful ("God shed his grace on thee"); and God bless America.”
In Re Griffiths, 413 U.S. 717 (1973).
· cites it 2× “We note that all persons inducted into the Armed Services, including resident aliens, are required by 10 U. S. C. § 502 to take the following oath: "I, _______, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all…”
Kerchner v. Obama, 612 F.3d 204 (3rd Cir. 2010).
“, 10 U.S.C. § 502 (a) (requiring all military personnel to take an oath “swearfing] .”
United States v. Stuckey, 10 M.J. 347 (1981).
“10 U.S.C. § 502 . . After Fimmano the Army suggested, in a Change to AR 27-10, that this language be used: You swear (or affirm) that the information you are providing is to the best of your knowledge, information and belief, the truth, the whole truth and nothing but the truth…”
Loving v. Hart, 47 M.J. 438 (C.A.A.F. 1998).
“The customs, traditions, and rules that govern military life reinforce the authority of the president of a court-martial and the willingness of members to respect that authority.”
Drake v Obama, 664 F.3d 774 (9th Cir. 2011).
“See 10 U.S.C. § 502 . Freese argues that, were he to refuse to follow President Obama’s orders, despite his ineligibility for the presidency, Freese would face disciplinary action by the military.”
Raffaelli v. Comm. of Bar Examiners, 496 P.2d 1264 (Cal. 1972).
“§ 454), and in that event they take an oath declaring that they, like all other inductees, “will support and defend the Constitution of the United States of America against all enemies, foreign and domestic,” and “will bear true faith and allegiance to the same” ( 10 U.S.C. §…”
United States Ex Rel. Norris v. Norman, 296 F. Supp. 1270 (N.D. Ill. 1969).
· cites it 2× “10 U.S.C. § 502 . Nonetheless, for reasons that were unexplained, a United States Army officer incorrectly confirmed that Norris had subscribed to the oath and that it “as filled in, was read to the applicant prior to subscribing thereto.”
Norwick v. Nyquist, 417 F. Supp. 913 (S.D.N.Y. 1976).
“§ 502 to take the following oath: T, _, 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; and that I will obey the orders of the…”
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