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Article II: The Presidency and the Executive Branch

  • Purpose of Article II: Establishes the presidency and the executive branch.

    • Defines the President's powers and responsibilities.
    • Clarifies election methods (Electoral College) and removal process (impeachment).
    • Core responsibilities include enforcing laws, making treaties, and appointing officials.

  • Presidential Powers:

    • Commander in Chief of the Army and Navy.
    • Appointment power with Senate's consent.
    • Treaties require two-thirds Senate approval.
    • Grant pardons and reprieves.
    • Ensure laws are faithfully executed.
    • Veto legislation, can be overridden by a 2/3 Congressional vote.

  • Checks and Balances:

    • Congress can impeach and remove the President with a 2/3 Senate vote.
    • Supreme Court can review executive actions for constitutionality.

  • Eligibility Requirements for President:

    • Minimum age: 35 years.
    • Must be a natural-born citizen.
    • Resident for at least 14 years.

  • Removal from Office:

    • Grounds for impeachment include treason, bribery, or other high crimes.
    • The House initiates impeachment; the Senate conducts trials.

  • Delegates and Debates:

    • Key debates on structure of presidency: single executive vs. multiple; election methods; term limits.
    • Key figures: Madison, Wilson, Hamilton, and Sherman.

  • Electoral College:

    • Comprised of electors from each state (total 538).
    • Candidates may win presidency without winning the popular vote.

  • Executive Orders:

    • Directive from the President used to manage the operations of the federal government.
    • Recent cases demonstrate the limits and powers of executive directives.

  • Commander-in-Chief Clause:

    • Ensures civilian control of the military.
    • Presidents can use military force with congressional approval or in response to sudden attacks.

  • Presidential Power Expansion:

    • Debate on the scope of presidential powers continues, especially regarding military operations and executive authority over the executive branch.