4 U.S.C. § 101
Oath by members of legislatures and officers
Every member of a State legislature, and every executive and judicial officer of a State, shall, before he proceeds to execute the duties of his office, take an oath in the following form, to wit: “I, A B, do solemnly swear that I will support the Constitution of the United States.”
Notes of Decisions
Cited in 14
cases (4 in the last 5 years), 1956–2026 · leading case: Citizens in Charge, Inc. v. Jon Husted, 810 F.3d 437 (6th Cir. 2016).
Citizens in Charge, Inc. v. Jon Husted, 810 F.3d 437 (6th Cir. 2016). “That is not a recipe for good government or for encouraging public officials to act independently. None of this should be taken to mean that state officials must enforce duly enacted statutes.”
Michael Taylor v. Lee M. Spaziano, 251 F. App'x 616 (11th Cir. 2007). “The district court also instructed appellants to omit all claims against Judge MacKinnon and any claims the district court had dismissed without leave to amend (namely, the Truth In Lending Act and fraud claims and the claim asserting a violation of 4 U.S.C. §§ 101 and 102).…”
David R. Ruiz, United States of Am., Intervenor-Appellee v. W. J. Estelle, Jr., 679 F.2d 1115 (5th Cir. 1982). “3; 4 U.S.C. § 101 ; Connell v. Higginbotham, 403 U.”
In Re Sibley, 564 F.3d 1335 (D.C. Cir. 2009). “The United States District Court for the Northern District of Florida rejected Sibley's argument that 4 U.S.C. §§ 101 and 102 imposed oath of office obligations that the Referee and justices did not fulfill.”
Charles T. Henderson, Jr., George Truitt Robbins & John B. Dees v. United States, 237 F.2d 169 (5th Cir. 1956). “State officers do not stand in the same relation to the United States as if they were private citizens, or were officers of a foreign sovereignty.”
Pandey v. Russell, II, 445 F. App'x 56 (10th Cir. 2011). “§ 1359,” “4 U.S.C. § 101,” “4 U.S.C. § 102,” “28 U.”
Browder v. City of Montgomery, Alabama, 146 F. Supp. 127 (M.D. Ala. 1956). “Article VI, Clause 3, of the Constitution; 4 U.S.C.A. § 101 ; Charles T. Henderson v.”
Burdette v. State, Dep't of Revenue, 487 So. 2d 944 (Ala. Civ. App. 1986). “The argument he makes on appeal is that certain individuals who actively participated in arriving at the final assessments lacked the authority to assess tax liability against him, because they did not take and subscribe to an oath pursuant to Ala.”
Trohimovich v. State, 952 P.2d 192 (Wash. Ct. App. 1998). “Trohimovich challenges this court’s jurisdiction based upon 4 U.S.C. § 101 and § 102 (1947). Federal law requires state legislators, executives, and judicial officers to take an oath, swearing or affirming to support the Constitution of the United States.”
James Heyward v. Diana Moreland (11th Cir. 2026). “1 See 4 U.S.C. § 101 . His complaint included four “causes of action,” each predicated on Moreland’s “impersonation” of a judge.”
Livesay v. Murphy (D.N.J. 2022). “However, oath requirements for certain state officials under 4 U.S.C. §§ 101 and 102 do not create a private cause of action.”
Joseph Allen, Steven Ayres, Ashley Hurlburt, Rory Kevin Gates, James Howard, Demarcus Morrow, Rodney Waller, Keith Arcement, Frederick Bell, Genaro Cruz Gomez, Sam Ybarra, Michael Carter & James Park on behalf of themselves & all others similarly situ v. John Bel Edwards, in his Off. capacity as Governor of the State of Louisiana, Zita Jackson Andrus, Chris L. Bowman, Flozell Daniels, Jr., Thomas D. Davenport, Jr., Patrick J. Fanning, W. Ross Foote, Katherine E. Gilmer, Michael C. Ginart, Jr., Frank H (La. Ct. App. 2021). “” See also 4 U.S.C.A. §101 (‘Every member of a State legislature, and every executive and judicial officer of a State, shall, before he proceeds to execute the duties of his office, take an oath in the following form, to wit: ‘I, A B, do solemnly swear that I will support the…”
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