The President - The Executive Branch
"We are a nation that has a government—not the other way around. And
that makes us special among the nations of the earth." - Ronald Reagan
"A president's hardest task is not to do what is right, but to know what is
right." - Lyndon B. Johnson
Article 2
Section
Clause
What It Says
What It Means
1
The executive Power shall be vested in a President
of the United States of America. He shall hold his
Office during the Term of four Years, and, together
with the Vice President, chosen for the same Term,
be elected, as follows
The executive branch of the government will be
led by the President of the United States. A
president and a vice-president will serve for a four
year term each. The president will be confirmed
through a process - (Electoral College)
2
Each State shall appoint, in such Manner as the
Legislature thereof may direct, a Number of
Electors, equal to the whole Number of Senators
and Representatives to which the State may be
entitled in the Congress: but no Senator or
Representative, or Person holding an Office of
Trust or Profit under the United States, shall be
appointed an Elector.
The Electors shall meet in their respective States,
and vote by Ballot for two Persons, of whom one at
least shall not be an Inhabitant of the same State
with themselves. And they shall make a List of all
the Persons voted for, and of the Number of Votes
for each; which List they shall sign and certify, and
transmit sealed to the Seat of the Government of
the United States, directed to the President of the
Senate.
1
3
Each state will have a certain number of people
who will be known as Electors. The number of
electors per state will be the same amount equal
to the number of Senators and Representatives
each state has. Current Senators and
Representatives cannot serve as Electors.
Also, those who participated on the side of the
Confederacy during the Civil War cannot serve as
an elector. (14th Amendment)
Once chosen by the state legislatures, Electors will
meet in their states and vote for the President and
Vice-President. Electors cannot vote for a
presidential candidate and a vice-presidential
candidate who both live in the same state as the
elector. (12th Amendment) Electors will meet on
the first Monday after the second Wednesday in
December after a presidential election.
Once Electors have voted, the results of their vote
will be sealed and sent to the President of the
Senate. The President of the Senate will certify
and count the votes.
The President of the Senate shall, in the Presence
of the Senate and House of Representatives, open
all the Certificates, and the Votes shall then be
counted. The Person having the greatest Number
If there is a tie for President or no candidate has
of Votes shall be the President, if such Number be the required majority of electoral votes, the House
a Majority of the whole Number of Electors
of Representatives will vote by state for one of the
appointed; and if there be more than one who
tope three candidates. If no vice-presidential
have such Majority, and have an equal Number of
candidate has the majority of electoral votes, the
Votes, then the House of Representatives shall
Senate will choose from the top two candidates.
immediately choose by Ballot one of them for
(12th Amendment)
President; and if no Person have a Majority, then
from the five highest on the List the said House
If the first day (January 20th) of a Presidential
shall in like Manner choose the President. But in
term as passed with no agreement from the House
choosing the President, the Votes shall be taken by
of Representatives, the elected Vice-President
States, the Representation from each State having
shall become President, Congress can directly,
one Vote; A quorum for this Purpose shall consist of through legislation, elect the next president. (12th
a Member or Members from two thirds of the
Amendment / 20th Amendment)
States, and a Majority of all the States shall be
necessary to a Choice.
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Article 2
Section
Clause
What It Says
What It Means
3
In every Case, after the Choice of the President,
the Person having the greatest Number of Votes of
the Electors shall be the Vice President. But if
there should remain two or more who have equal
Votes, the Senate shall choose from them by Ballot
the Vice President.
If no vice-presidential candidate has the majority
of electoral votes, the Senate will choose from the
top two candidates. (12th Amendment)
4
The Congress may determine the Time of choosing
the Electors, and the Day on which they shall give
their Votes; which Day shall be the same
throughout the United States.
Congress will determine when Electors are picked
by their respective states and when they cast their
votes.
5
No Person except a natural born Citizen, or a
Citizen of the United States, at the time of the
Adoption of this Constitution, shall be eligible to
the Office of President; neither shall any Person be
eligible to that Office who shall not have attained
to the Age of thirty five Years, and been fourteen
Years a Resident within the United States.
In order to become President, you have to have
been born in the United States or be a citizen at
the time the Constitution was adopted. A
presidential candidate has to be at leased 35 years
old or older and has lived in the United States for
at least 14 years. The same restrictions apply to a
candidate for vice president. (12th Amendment)
6
In Case of the Removal of the President from
Office, or of his Death, Resignation, or Inability to
discharge the Powers and Duties of the said Office,
the Same shall devolve on the Vice President, and
the Congress may by Law provide for the Case of
Removal, Death, Resignation or Inability, both of
the President and Vice President, declaring what
Officer shall then act as President, and such
Officer shall act accordingly, until the Disability be
removed, or a President shall be elected.
(Changed by the 25th Amendment) If the president
dies while in office or is removed, the vicepresident becomes president. If there is a vacancy
in the office of vice-president, the president will
nominate the replacement with approval of a
majority in both houses of Congress. If a president
is unable to continue his or her duties as president,
the President pro tempore of the Senate and the
Speaker of the House must receive a written
notice. In such cases, the vice-president becomes
president. If the vice-president and a majority of
the officers of the executive department feel the
president cannot continue in his or her duties, they
have the legal right to submit a declaration to the
President pro tempore of the Senate and the
Speaker of the House outlining the reasons why.
Congress has 48 hours to assemble to decide the
issue. Congress then has 21 days to discuss and
vote on the matter. If both houses of Congress vote
with a 2/3 majority to remove the president, the
vice-president assumes the office of president.
7
The President shall, at stated Times, receive for
his Services, a Compensation, which shall neither
be increased nor diminished during the Period for
which he shall have been elected, and he shall not
receive within that Period any other Emolument
from the United States, or any of them.
The president will receive payment for being his or
her services. The president is not allowed to have
his or her wages increased or decreased while in
office. Also, the president cannot receive more
wages from the federal government or any of the
state governments while in office.
8
Before he enter on the Execution of his Office, he
shall take the following Oath or Affirmation:—”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.”
Before taking the office of President, he or she
must take the oath of office.
1
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Article 2
Section
Clause
What It Says
What It Means
1
The President shall be Commander in Chief of the
Army and Navy of the United States, and of the
Militia of the several States, when called into the
actual Service of the United States; he may require
the Opinion, in writing, of the principal Officer in
each of the executive Departments, upon any
Subject relating to the Duties of their respective
Offices, and he shall have Power to grant Reprieves
and Pardons for Offenses against the United States,
except in Cases of Impeachment.
The president is in charge of the armed forces of
the nation and of the armed forces of the
individual states if they are called up to serve the
federal government. The president is allowed to
ask for the written opinions from the top officers
from each branch of the executive cabinet. The
president also has the power to delay the
execution of a convicted criminal. Finally, the
president has the power to pardon anyone
convicted of a crime against the United states
except in the case of impeachment.
2
He shall have Power, by and with the Advice and
Consent of the Senate, to make Treaties, provided
two thirds of the Senators present concur; and he
shall nominate, and by and with the Advice and
Consent of the Senate, shall appoint Ambassadors,
other public Ministers and Consuls, Judges of the
supreme Court, and all other Officers of the United
States, whose Appointments are not herein
otherwise provided for, and which shall be
established by Law but the Congress may by Law
vest the Appointment of such inferior Officers, as
they think proper, in the President alone, in the
Courts of Law, or in the Heads of Departments.
The president has the power to make treaties
(Chief Diplomat) with other nations. However, any
treaty make has to be approved by 2/3 majority of
the Senate. The president can appoint
ambassadors to other nations, members of the
Supreme Court, and other officers of the United
States. Any appointment that the president makes
has to have approval from the Senate.
3
The President shall have Power to fill up all
Vacancies that may happen during the Recess of
the Senate, by granting Commissions which shall
expire at the End of their next Session.
The president has the power to fill vacancies if the
Senate is not in session. However, the positions are
temporary and will end once the Senate is back in
session.
2
3
The president is required to present (from time to
time) the state of the union where he or she
updates Congress on the status of the nation,
He shall from time to time give to the Congress
suggest laws, taxes, and other actions that he or
Information of the State of the Union, and
she feels necessary for the benefit of the nation.
recommend to their Consideration such Measures
If Congress is not in session, the president has the
as he shall judge necessary and expedient; he may,
power to call a special session if the reason for
on extraordinary Occasions, convene both Houses,
doing so is important.
or either of them, and in Case of Disagreement
If both houses of Congress disagree on when to end
between them, with Respect to the Time of
their sessions, the president has the power to
Adjournment, he may adjourn them to such Time
declare the date.
as he shall think proper; he shall receive
The president is required to greet and talk with
Ambassadors and other public Ministers; he shall
visiting ambassadors and public officials from other
take Care that the Laws be faithfully executed,
nations.
and shall Commission all the Officers of the United
The president will ensure that the laws passed by
States.
Congress are enforced.
The president will give commissions to officers of
the United States.
4
The President, Vice President and all
civil Officers of the United States, shall be
removed from Office on Impeachment for, and
Conviction of, Treason, Bribery, or other high
Crimes and Misdemeanors.
The president, vice-president and/or any of the
officers of the United States can be removed from
office (impeached) in cases of treason, bribery, or
for high crimes (felonies) and/or misdemeanors.
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