Keith Ellison, Dennis Prager, and The Oath On The Quran - Constitutional Provisions

Constitutional Provisions

Critics of Prager point out that the United States Constitution provides "no religious test shall ever be required as a qualification to any office or public trust under the United States" (Article VI, section 3) and at least four Presidents have not been sworn in on a Bible.

In his December 5, 2006 article on the subject Prager denied that he was promoting a de facto religious test. "I never even hinted that there should be a religious test. It has never occurred to me that only Christians run for office in America. The idea is particularly laughable in my case since I am not now, nor ever have been, a Christian. ...I want people of every faith and of no faith who affirm the values I affirm to enter political life. My belief that the Bible should be present at any oath (or affirmation) of office has nothing whatsoever to do with the religion of the office holder. ...You don't have to be Christian to acknowledge that the Bible is the source of America's values. Virtually every founder of this country knew that and acknowledged it."

Law Professor Eugene Volokh noted that the Constitution states officials "'shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required ....' The option of giving an affirmation rather than oath ... the Constitution thus already expressly authorizes people not to swear at all, but to affirm, without reference to God or to a sacred work. Atheists and agnostics are thus protected, as well as members of certain Christian groups ]. Why would Muslims and others not be equally protected from having to perform a religious ritual that expressly invokes a religion in which they do not believe?" Volokh's point here is furthered by the fact that then Rep.-elect Mazie Hirono (D-Hawaii), who is a Buddhist, announced that she would use the affirmation option and "has no plans to use any religious text in the swearing-in ceremony."