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"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States. The official reciting the oath swears an allegiance to uphold the Constitution.While the oath-taking practice dates back to the First Congress in 1789, the current oath is a product of the 1860s, drafted during the Civil War. This clause enjoins the new president to swear or affirm: "I will to the best of my ability, preserve, protect and defend the Constitution of the United States. Execution and Delivery Instructions. An Oath of Office that is required to be filed with the Office of the Secretary of State is considered filed. This form must be completed and notarized in front of a licensed notary public. Instructions for the applicant. 1. Please review the statute for a complete list of those authorized to give the oath of office. For elected officials in cities, towns, and counties, the oath must be filed with the county auditor.