Article 2, Section 1, Clause 1: Establishes the executive power, vesting it in the President of the United States of America. The President holds office for a term of four years, along with the Vice President, who is chosen for the same term.
Electoral College
Article 2, Section 1, Clause 2: States appoint electors equal to the total number of Senators and Representatives they have in Congress. No Senator, Representative, or person holding an office of trust or profit under the United States can be appointed as an elector.
Article 2, Section 1, Clause 3: Outlines the original process for the Electoral College vote.
Electors meet in their respective states and vote by ballot for two persons, one of whom must not be an inhabitant of the same state.
They create a list of all persons voted for and the number of votes for each, which is signed, certified, and transmitted to the President of the Senate at the seat of government.
The President of the Senate opens the certificates in the presence of the Senate and House of Representatives, and the votes are counted.
The person with the greatest number of votes becomes President if the number is a majority of the total number of electors appointed.
If multiple persons have a majority with an equal number of votes, the House of Representatives chooses one of them as President by ballot.
If no person has a majority, the House chooses the President from the five highest on the list.
In choosing the President, votes are taken by states, with each state having one vote. A quorum consists of members from two-thirds of the states, and a majority of all states is necessary for a choice.
The person with the greatest number of votes after the President is chosen becomes the Vice President. If there's a tie, the Senate chooses the Vice President by ballot.
Twelfth Amendment: Modifies the Electoral College process.
Electors meet in their states and vote by ballot for President and Vice President, with at least one of them not being an inhabitant of the same state as themselves.
They name the person voted for as President and, in distinct ballots, the person voted for as Vice President.
They make distinct lists of all persons voted for as President and Vice President, including the number of votes for each, and transmit these lists to the President of the Senate.
The President of the Senate opens the certificates in the presence of the Senate and House of Representatives, and the votes are counted.
The person with the greatest number of votes for President becomes President if the number is a majority.
If no person has such a majority, the House of Representatives chooses the President from the persons having the highest numbers, not exceeding three, on the list.
In choosing the President, votes are taken by states, with each state having one vote. A quorum consists of a member or members from two-thirds of the states, and a majority of all the states is necessary for a choice.
The person with the greatest number of votes as Vice-President becomes the Vice-President if this number is a majority. If no person has a majority, the Senate chooses the Vice-President from the two highest numbers on the list. A quorum for this purpose consists of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice.
No person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
Article 2, Section 1, Clause 4: Congress determines the time of choosing electors and the day they give their votes, which must be the same throughout the United States.
Article 2, Section 1, Clause 5: Sets eligibility requirements for the office of President.
Must be a natural-born citizen or a citizen at the time of the Constitution's adoption.
Must be at least 35 years old.
Must have been a resident within the United States for 14 years.
Article 2, Section 1, Clause 6: Addresses succession in case of the President's removal, death, resignation, or inability to discharge the office's powers and duties.
The Vice President assumes the office.
Congress may provide by law for cases of removal, death, resignation, or inability of both the President and Vice President, declaring what officer shall act as President until the disability is removed or a President is elected.
The President receives compensation for their services, which cannot be increased or decreased during their elected period.
The President shall not receive any other emolument from the United States or any of its states during that period.
Article 2, Section 1, Clause 8: Specifies the oath or affirmation the President must take before executing their office.
The 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."
22nd Amendment, Section 1: Limits the number of terms a person can be elected as President.
No person can be elected to the office of President more than twice.
No person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once.
22nd Amendment, Section 2: Specifies that the article is inoperative unless ratified by three-fourths of the state legislatures within seven years from its submission by Congress.
20th Amendment, Section 1: Modifies the terms of the President and Vice President.
The terms of the President and Vice President end at noon on January 20th.
The terms of Senators and Representatives end at noon on January 3rd.
The terms of their successors then begin.
20th Amendment, Section 2: Mandates when Congress should assemble.
Congress must assemble at least once every year, beginning at noon on January 3rd, unless they appoint a different day by law.
20th Amendment, Section 3: Specifies the course of action if the President elect has died or failed to qualify.
If the President elect dies before the term begins, the Vice President elect becomes President.
If a President has not been chosen before the term begins, or if the President elect fails to qualify, the Vice President elect acts as President until a President qualifies.
Congress may provide for the case where neither a President elect nor a Vice President elect has qualified, declaring who shall act as President or how one is to be selected until a President or Vice President has qualified.
20th Amendment, Section 4: Congress can legislate for the death of individuals whom the House or Senate can choose as President or Vice President, respectively, whenever the right of choice has devolved upon them.
20th Amendment, Section 5: Specifies when Sections 1 and 2 take effect.
Sections 1 and 2 take effect on October 15th following the ratification of the article.
20th Amendment, Section 6: Specifies that the article is inoperative unless ratified by three-fourths of the state legislatures within seven years from its submission.
Commander in Chief
Article 2, Section 2, Clause 1: Designates the President as Commander in Chief of the Army, Navy, and state militias when called into service of the United States.
The President may require written opinions from principal officers in each executive department on subjects relating to their duties.
The President has the power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.
The President can make treaties with the advice and consent of the Senate, provided two-thirds of the Senators present concur.
The President nominates and, with the advice and consent of the Senate, appoints Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other officers of the United States whose appointments are not otherwise provided for and which shall be established by law.
Congress may vest the appointment of inferior officers in the President alone, in the Courts of Law, or in the Heads of Departments, as they think proper.
Article 2, Section 2, Clause 3: Grants the President the power to fill vacancies during the Senate's recess by granting commissions that expire at the end of their next session.
State of the Union
Article 2, Section 3: Describes additional presidential duties and powers.
The President must give Congress information on the State of the Union from time to time and recommend measures for their consideration.
The President may convene both houses or either of them on extraordinary occasions.
In case of disagreement between the houses regarding adjournment, the President may adjourn them to such time as they deem proper.
The President receives Ambassadors and other public Ministers.
The President must ensure that the laws are faithfully executed and commission all officers of the United States.
Impeachment
Article 2, Section 4: Specifies grounds for removal from office.
The President, Vice President, and all civil officers of the United States can be removed from office on impeachment for and conviction of treason, bribery, or other high crimes and misdemeanors.
In case of the President's removal, death, or resignation, the Vice President becomes President.
Amendment XXV, Section 2: Addresses vacancies in the office of the Vice President.
Whenever there is a vacancy in the office of the Vice President, the President nominates a Vice President who takes office upon confirmation by a majority vote of both Houses of Congress.
Whenever the President transmits a written declaration to the President pro tempore of the Senate and the Speaker of the House of Representatives that they cannot discharge the powers and duties of their office, such powers and duties are discharged by the Vice President as Acting President until the President transmits a written declaration to the contrary.
25th Amendment XXV: Further clarifies procedures related to presidential disability.
If the President declares no inability exists but the Vice President and a majority of either the principal officers of the executive department or another body designated by Congress transmit a written declaration within four days that the President is unable to discharge the duties of the office, Congress must decide the issue.
Congress assembles within forty-eight hours for that purpose if not in session.
If Congress, within twenty-one days after receipt of the latter written declaration (or within twenty-one days after Congress is required to assemble if not in session), determines by a two-thirds vote of both Houses that the President is unable to discharge the powers and duties of the office, the Vice President continues as Acting President; otherwise, the President resumes the powers and duties of the office.
Separation of Powers and Judicial Review
Separation of Powers: The Constitution divides governmental power among three branches: Executive, Legislative, and Judicial to prevent the concentration of power. Each branch has distinct powers and checks on the others.
Judicial Review: The Supreme Court can define the boundaries of presidential power.
Marbury v. Madison (1803): Landmark case establishing this power.
"It is emphatically the duty of the Judicial Department to say what the law is."- John Marshall
Presidential Powers and Limitations
President as Commander-in-Chief:
Article II, Section 2: The President is Commander in Chief of the armed forces.
The Prize Cases (1863): Upheld the President's power to act during wartime.
Limitations: Cases such as Ex parte Milligan (1866), Hamdi v. Rumsfeld (2004), and Hamdan v. Rumsfeld (2006) highlight checks on this power.
Appointment and Removal of Officials:
The president appoints key officials, subject to Senate confirmation.
Removal Power:
Myers v. United States (1926): Affirmed the President's inherent power to remove executive officials.
Humphrey's Executor v. United States (1935): Placed limits on the removal power for independent agencies.
Seila Law LLC v. Consumer Financial Protection Bureau (2020): Further considerations for single-headed agencies.
The President and the Legislative Process:
Veto Power: A key check on Congress.
Clinton v. City of New York (1998): Limits on the Line-Item Veto.
Executive Orders: Directives issued to the executive branch with the force of law.
Trump v. Hawaii (2018): The Court upheld Presidential Proclamation 9645, which restricted entry into the U.S. for nationals from several countries, most of which were Muslim-majority. The Court ruled that the President had broad authority to impose such restrictions if deemed necessary for national security.
The President's Pardoning Power:
Article II, Section 2: Power to grant pardons for federal offenses.
Ex parte Grossman (1925): Broad interpretation of the pardon power.
Limitations: Cannot pardon in cases of impeachment or State or Local Convictions.
Foreign Affairs and the Power to Make War:
Division of powers between the President and Congress.
United States v. Curtiss-Wright Export Corp. (1936): Established a broad view of presidential power in foreign affairs.
War Powers Resolution of 1973: A congressional attempt to limit presidential power in deploying troops.
Executive Privilege:
Inherent power to withhold information.
United States v. Nixon (1974): Affirmed that executive privilege is not absolute and can be overridden by other compelling interests.
Presidential Immunity:
Nixon v. Fitzgerald (1982): Former President has absolute immunity from civil suits for official acts.
Clinton v. Jones (1997): A sitting president is not immune from civil suits for pre-presidency conduct.
Trump v. Vance (2020): The Sitting President is not absolutely immune from state criminal subpoenas.
Trump v. United States (2024): This significantly impacted the scope of presidential immunity. The Supreme Court determined that a former president is entitled to absolute immunity from criminal prosecution for actions within their "conclusive and preclusive constitutional authority."
The Evolving Power of the Presidency:
The Supreme Court plays a critical role in defining the scope of presidential power.
Ongoing tension between executive authority and constitutional limits.
Presidential power continues to be shaped by historical context, political dynamics, and legal interpretations.