Thanks for those links, here's the relevant text for the benefit of others:
I had to look up the difference between affirming and swearing to understand:
From http://www.wisegeek.org/what-is-the-...in-an-oath.htm
So basically its' a fudge so that you can swear an oath without calling it swearing.
SEC. 7. And be it [further] enacted, That the Supreme Court, and the district courts shall have power to appoint clerks for their respective courts, and that the clerk for each district court shall be clerk also of the circuit court in such district, and each of the said clerks shall, before he enters upon the execution of his office, take the following oath or affirmation, to wit: "I, A. B., being appointed clerk of , do solemnly swear, or affirm, that I will truly and faithfully enter and record all the orders, decrees, judgments and proceedings of the said court, and that I will faithfully and impartially discharge and perform all the duties of my said office, according to the best of my abilities and understanding. So help me God." Which words, so help me God, shall be omitted in all cases where an affirmation is admitted instead of an oath.
From http://www.wisegeek.org/what-is-the-...in-an-oath.htm
Many oaths of office contain the text “I, ________ do swear (or affirm)...” When people take such an oath, they have the option of choosing between swearing and affirming, depending on the region where they live. When someone opts to affirm rather than to swear, the oath is more properly known as an affirmation. The difference between the two may seem subtle, but to some people, it is extremely important. It also continues to be an issue in some regions of the world.
Some Christians prefer to say “I affirm” rather than “I swear” because of a section in the Book of Matthew, in which Christ is said to have specifically advised His followers against swearing. Quakers, Mennonites, and members of some other Christian sects choose to not to swear because they believe firmly in telling the truth at all times, and feel that swearing to tell the truth goes against their religious values because it suggests that they might lie at other times.
Some Christians prefer to say “I affirm” rather than “I swear” because of a section in the Book of Matthew, in which Christ is said to have specifically advised His followers against swearing. Quakers, Mennonites, and members of some other Christian sects choose to not to swear because they believe firmly in telling the truth at all times, and feel that swearing to tell the truth goes against their religious values because it suggests that they might lie at other times.
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