AMERICAN GOVERNMENT READING ON ARTICLES II AND III OF THE U.S. CONSTITUTION
The U.S. Constitution is composed of seven articles and 27 amendments made over the years. Up to
this point in our course we have discussed what led up to the Constitution being made, and the largest
part of it, Article One, which creates the legislative branch, or Congress. This week we will be discussing
the other two branches of Congress, the executive branch (the President) established in Article II and the
Judicial Branch (the Supreme Court) established in Article III. While the role of the legislative branch is
to make laws, the role of the executive branch is to enforce those laws, and the role of the judicial
branch is to interpret those laws. Let’s take a closer look at Articles II and III of the Constitution to see
just how the executive and judicial branches are set up.
Article II establishes the Executive Branch, the second branch of the government. It includes 4 sections.
Section 1 states that there will be a President and Vice President and each person will serve a term of
four years. In this section it also addresses how the President and Vice President are elected which is by
the Electoral College.
The Electoral College is made of a group of elected officials from each state, the number of which is
equal to the number of members the state has in Congress. Of course, this will vary since populations
vary and the number of House of Representatives members is determined by population.
Each elector votes twice. After the Electoral College votes are tallied, the person with the majority vote
becomes President and the one with the most votes after the President becomes Vice President.
However, this process was changed slightly with the 12th amendment where distinct votes had to be
made for President and Vice President. When studying government, this is important to note as it is a
significant change we still use today to vote for President.
There are some requirements that must be met before becoming a Presidential candidate. The President
must:
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Be at least 35 years old
Have been born in the United States
Be a resident of the United States for a minimum of 14 years
It is possible for the President to leave office before his term is up. This may happen if:
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The
The
The
The
President
President
President
President
resigns
is impeached
dies
is ill or disabled and must temporarily resign
The 25th Amendment addresses who becomes President or Vice President if either of those offices
becomes vacant and how it occurs.
Being the President is a job and as such has a salary. However, the amount the President receives may
not change during their current term.
Before taking office the President must take an oath:
“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.”
Section 2 addresses the powers of the President.
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The President is in charge of the armed forces and the states’ militias when called into duty for
the nation. In this role the President is Commander-in-Chief.
The President has various Departments with the heads of each department serving as the
Cabinet, a group of people who advise the President.
The President can pardon criminals to eliminate any punishments except in the case of
impeachment
The President makes treaties or agreements with other countries
The President, with approval from the Senate, may appoint judges and other officials in the
government
Section 3 discusses the duties and responsibilities of the President.
The President will give a state of the union address each year
The President gives suggestions to Congress for consideration
The President acts as head of state by receiving ambassadors and leaders from other countries as the
leader of the country
Generally, the President is required to ensure the US laws are carried out
Section 4 introduces the possibility of removing the President. This process is called impeachment and
may be done if the President is found guilty of high crimes against the country such as treason or
bribery. Remember from the previous week’s lessons that if a majority of the members of the House of
Representatives feel there is enough evidence to hold a trial, they can impeach the President or Vice
President. However, to remove him from office requires a trial held in the Senate, and at least 2/3rd’s of
all Senators voting to remove him from office.
Article III establishes the final of the three branches to the United States government, the judicial branch.
Section 1 establishes the Supreme Court which is the highest court in the country. It establishes the term
for judges. The Constitution states a judge shall remain in office “during good behavior” which is
interpreted to mean for life. This means that as long as a judge does nothing to warrant removal from
office that judge may remain for as long as they wish. Of course, they may resign when they wish.
Section 1 also ensures payment for judges.
The Supreme Court is the only court that is called for specifically but Congress may create lower courts
as defined in Article I.
Also not specifically addressed is the amount of judges who are appointed to the Supreme Court.
However the Judiciary Act of 1789 further organizes this branch. The office of Chief Justice is not called
for anywhere in the Constitution. However, in Article I, Section 3 the discussion of the Chief Justice
presiding over cases involving the President implies that this office should be established.
Section 2 discusses the power of the judiciary and that in matters of law, and disagreements between
parties are to be handled by the judiciary. It also divides the handling of cases into original jurisdiction
and appellate jurisdiction. Original jurisdiction means the types of cases the Supreme Court hears first
without any other court hearing the case. Appellate jurisdiction is when the Supreme Court reviews a
ruling or decision in place from a lower court.
The Supreme Court has original jurisdiction over:
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Cases affecting ambassadors
Cases affecting other ministers and consuls
Cases that involve one of the states
The Supreme Court has appellate jurisdiction over all other cases.
The final part to Section 2 guarantees that those accused of a crime have the right to trial by jury. A jury
is a group of people who hear evidence in a case and determine if the accused is guilty or not guilty. The
trial will be held in the state where the crime was committed. The only exception to this is in the case of
impeachment. The Senate, as stated in Article I, Section 3, has the power to try all impeachment cases.
Section 3 defines what treason is and outlines the process for punishment. Treason is aiding the country’s
enemies in an effort to harm the country or to wage war against the United States. However, in order for
someone to be convicted of treason one of two things must happen:
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There must be at least 2 witnesses who testify that an act of treason occurred
The person accused must confess to the crime in open court
The punishment for the crime of treason will be determined by Congress but there are some limits set up
in this section:
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Only the person accused of the crime shall be punished. The accused person’s family or
descendants will not suffer for the act of the accused. This is called Attainder and Corruption of
Blood.
Congress may seize property belonging to the accused but only for the duration of the life of the
person convicted. If property is taken, it can be inherited by the accused’s descendants when
they die.
VOCABULARY REVIEW
Makes the Laws
Enforces the Laws
Interprets the Laws
The Electoral College
25th Amendment
Cabinet
Impeachment
Original Jurisdiction
Appellate Jurisdiction
Attainder and Corruption of Blood
1.
Sets out the rules for who becomes President in the event the current President dies, resigns, or
is impeached
2. When the Supreme Court reviews a ruling or decision in place from a lower court.
3. What the Judicial Branch’s role in government is
4. Only the person accused of the crime shall be punished. The accused person’s family or
descendants will not suffer for the act of the accused. This is called?
5. What the legislative branch’s role in government is
6. A group of elected officials from each state, the number of which is equal to the number of
members the state has in Congress, that elect the President once every four years
7. The types of cases the Supreme Court hears first without any other court hearing the case.
8. What the executive branch’s role in government is
9. The President has various Departments with the heads of each department serving as a group of
people who advise the President
10. The process of removing the President from office
CHAPTER REVIEW QUESTIONS
1. How many articles compose the U.S. Constitution?
2. What does Article II of the Constitution do?
3. What are 2 offices that are set up?
4. How long does the President serve?
5. How is the President elected?
6. Is the Vice President elected in the same manner today?
7. What Amendment address changes in how the Vice President is elected?
8. Does the number in the Electoral College always stay the same? Why or why not?
9. Can the popular vote for President differ from the vote of the Electoral College?
10. How old do you have to be to be President?
11. How long do you have to have lived in the US to run for President?
12. What is the title of the President as it pertains to leading the armed forces and militia?
13. What does pardon mean?
14. What is the highest court in the country?
15. Is it the only court?
16. What is the term for Supreme Court judges?
17. Where does the Supreme Court have original jurisdiction?
18. If accused of a crime what right is set up in Section 2?
19. Where will your trial occur if you are accused of a crime?
20. What is treason?