an Establishment Clause challenge to a state legislative chaplain also requires the rejection of plaintiff's religious test oath claim. The fact that the First Congress, and every Congress thereafter save one, had Chaplains for the Senate and the House implicitly undercuts any claim that the existence of those offices violates a provision of the Constitution against religious test oaths. Marsh, 463 U.S. at 791-93; see also Myers v. United States, 272 U.S. 52, 175 (1926) ("This Court has repeatedly laid down the principle that a contemporaneous legislative exposition of the Constitution when the founders of our Government and framers of our Constitution were actively participating in public affairs, acquiesced in for a long term of years, fixes the construction to be given its provisions.") (citations omitted).29
In light of the lack of any religious test in the House or Senate Chaplain's oath of office, or in any other rule that establishes and sets forth the qualifications for the office of Chaplain, plaintiff's Article VI religious test oath claim fails to state a claim and should be dismissed.
E.    Plaintiffs Supremacy Clause Claim and His Claim That the Chaplains Have Violated Their Oath of Office Are Devoid of Legal Merit
Plaintiff asserts two remaining Article VI claims in his complaint. First, plaintiff alleges that "[cjongressional chaplains have repeatedly - as part of their prayers - made statements directly contradicting the Article VI, Clause 2 Supremacy Clause, contending that God and God's law reigns supreme in this Nation." Compl. ^ 69. Second, plaintiff asserts that "[sjuch
29 It is telling that no religious test issue has been raised concerning the chaplains who serve as officers in the Armed Forces, despite the requirement that such chaplains receive an endorsement by an outside religious endorsing agency to qualify for service as military chaplains. SeeKatcoffv. Marsh, 755 F.2d 223,225,235-37 (2d Cir. 1985) (rejecting Establishment Clause challenge to Army chaplaincy); Department of Defense Directive 1304.19, §§ 5.1-5.2 (Sept. 18, 1993),flfhttp://www.dtic.miVwhs/directives/co^•es/pd£?dl30419_091893/dl30419p.pdf.
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