Article
II describes the second of the government’s separated powers. It explains the form, function,
powers, and limitations of the executive branch of government. Supreme Court cases involving the President’s
powers under Article II include Youngstown
Company v. Sawyer (1952) and United States
v. Nixon (1974).
Article 2 - The Executive Branch
Section 1 - The President
Section 1 - The President
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:
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 lie 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. 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 of Votes shall be the President,
if such Number be a Majority of the whole Number of Electors appointed; and if
there be more than one who have such Majority, and have an equal Number of
Votes, then the House of Representatives shall immediately chuse by Ballot
one of them for President; and if no Person have a Majority, then from the five
highest on the List the said House shall in like Manner chuse the
President. But in chusing
the President, the Votes shall be taken by States, the Representation from each
State having one Vote; a quorum
for this Purpose shall consist of a Member or Members from two-thirds of
the States, and a Majority of all the States shall be necessary to a Choice. 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 chuse from them by
Ballot the Vice-President.) (This clause in
parentheses was superseded by the 12th Amendment.)
The Congress may determine the Time of chusing the
Electors, and the Day on which they shall give their Votes; which Day shall be
the same throughout the United States. 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 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.) (This clause in parentheses has been modified
by the 20th and 25th Amendments.)
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.
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.
Notes for this section:
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