Terms in this set (7) Article 1. While the Constitution nowhere requires a formal Cabinet, it does authorize the president to seek advice from the principal officers of the various departments as he (or she) performs their official duties. Once they are chosen, the Electors meet in their states to vote for the President and Vice President. , The President must "take care that the laws be faithfully executed [used and followed]. Start studying The Constitution: Article 2. Article 2 of the Constitution - Understand Article 2 of the Constitution, Constitution of United States of America 1789, its processes, and crucial Constitution of United States of America 1789 information needed. Congress has limited this power many times. The president acting alone was authorized only to repel sudden attacks (hence the decision to withhold from him only the power to "declare" war, not to "make" war, which was thought to be a necessary emergency power in case of foreign attack).  In Bush v. Palm Beach County Canvassing Board (2000), the Supreme Court remanded to the Supreme Court of Florida the question of "the extent to which the Florida Supreme Court saw the Florida Constitution as circumscribing the legislature's authority under Art. The head of the Executive Branch is the president. Article VI – Debts, Supremacy, Oaths. Print. A difficult and critical sticking point at the Constitutional Convention was how to count a state’s population. The president tailors his recommendations so that their natural implication is the enactment of new legislation, rather than some other action that Congress might undertake. That power reaches its zenith when wielded to protect national security. 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 Offences against the United States, except in Cases of Impeachment. 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." During Senate recesses, the President may appoint officers to stand in for the missing Senators. In Williams v. Rhodes (1968), the Court struck down as a violation of the Equal Protection Clause an Ohio law which placed heavy burdens on minor parties seeking to be placed on the ballot for presidential electors. Each state chooses as many electors as it has representatives and senators representing it in Congress. Incoming President Jefferson was enraged with Adams, and ordered his secretary of State, James Madison, to refrain from delivering the remaining commissions.  This clause is meant to ensure that a law is faithfully executed by the president even if he disagrees with the purpose of that law. The right to make treaties, with the consent of the Senate 4. The Articles of Confederation, Continental Congress and its powers were abolished at the time the new U.S. Congress was seated and the new federal government formally and officially replaced its interim predecessor. These include officers in both the military and foreign service (people who work for the United States government in other countries, like Ambassadors).  Since World War II, every major military action has been technically a U.S. military operation or a U.N. "police action", which are deemed legally legitimate by Congress, and various United Nations Resolutions because of decisions such as the Gulf of Tonkin Resolution or the Resolution of The Congress Providing Authorization for Use of Force In Iraq. , If Congress chooses, it can let the President, heads of executive departments, or the courts appoint less important officials on their own, without needing Congress's approval. It cannot take away its advice and consent once the person gets the job.  Since the 1820s, state legislatures have usually chosen Electors through an indirect popular vote. And although the president is implicitly denied the power to unilaterally declare war, a declaration of war is not in and of itself a vehicle of executive power since it is literally just a public declaration that the U.S. government considers itself "at war" with a foreign political entity. Some argue that the president simply cannot use a pardon to stop an officeholder from being impeached, while others suggest that crimes underlying an impeachment cannot be pardoned by the president. The Constitution says clearly that officials can be impeached for treason or bribery. This part of Section 2 is called the Advice and Consent Clause. The 'Travis Translation' of Article 2, Section 3: The President will tell Congress how the country is doing in a “State of the Union” speech from time to time. Later, Congress impeached him, but the Senate did not convict him. By U.S. law, this power is limited in that he must notify Congress within 48 hours after the beginning of military operations, explaining the source of his authority for the action. , A Supreme Court case called Bowsher v. Synar (1986) decided that Congress can fire a person it approved. So help me God. Under the U.S. Constitution the president and vice president are chosen by electors, under a constitutional grant of authority delegated to the legislatures of the several states. But if there should remain two or more who have equal Votes, the Senate shall chuse [sic] from them by Ballot the Vice President. ":2119, note 7 Kesavan and Sidak also cited a Professor Bybee who stated in this context: "The Recommendation Clause empowers the president to represent the people before Congress, by recommending measures for the reform of government, for the general welfare, or for the redress of grievances. Article 7 deals with Ratification: This refers to the time when the Constitutional Convention was held and all the people signed the Constitution, establishing it as a document that enumerates and protects the rights of citizens. 65]", "Impeachment Proceedings Against President Nixon", "Impeachment – Chapter 4: Complete List of Senate Impeachment Trials", https://simple.wikipedia.org/w/index.php?title=Article_Two_of_the_United_States_Constitution&oldid=7109641, Articles containing potentially dated statements from 2016, All articles containing potentially dated statements, Creative Commons Attribution/Share-Alike License, If two candidates get the same number of votes, the House of Representatives can choose which of the two candidates becomes President, If there is a tie for Vice President (because two second-place candidates got the same number of votes), the Senate votes on which person should get the job, If no candidate wins more than half of the votes, then the House can choose any one of the five candidates who got the most votes, For the House and Senate to choose a President and Vice President, there must be a, At least one Representative from two-thirds (67%) of the states in the House; AND, At least two-thirds of the Senators in the Senate. U.S. senators, representatives and federal government officials are barred from becoming electors; in practice, the two major federal parties frequently select senior state party and government officials (up to and including governors) to serve as electors. ]", According to former United States Assistant Attorney General Walter E. Dellinger III, the Supreme Court and the Attorneys General have long interpreted the Take Care Clause to mean that the president has no inherent constitutional authority to suspend the enforcement of the laws, particularly of statutes. According to historian Thomas Woods, "Ever since the Korean War, Article II, Section 2 [...] has been interpreted 'The president has the power to initiate hostilities without consulting Congress' [....] But what the framers actually meant by that clause was that once war has been declared, it was the president’s responsibility as commander-in-chief to direct the war. The candidate who got more than half of the votes became President. Jefferson's procedure was followed by future presidents until Woodrow Wilson reverted to the former procedure of personally addressing Congress, which has continued to this day[update].. The executive Power shall be vested in a President of the United States of America. Under the 23rd Amendment, the District of Columbia may choose no more electors than the state with the lowest number of electoral votes (in effect, three electors), although since that amendment's ratification the District's population has never reached the threshold that would otherwise entitle it to choose four or more electors. , This clause talks about the possibility that the Presidency might become "vacant". The executive branch includes the President, the Vice President, and other executive officers to include state officials, and other officials at the federal level. 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. It has not been settled whether the president has the prerogative to withhold a commission after having signed it. Currently, electors are chosen on the Tuesday following the first Monday in November (the first Tuesday after November 1), in the year before the president's term is to expire. Section 3 of Article Two lays out the responsibilities of the president, granting the president the power to convene both houses of Congress, receive foreign representatives, and commission all federal officers. Usually, it will also say what Presidential and Vice Presidential candidates they plan to support. However, these officers are temporary, and their permission to act as Senators expire (end) when the Senate finishes its next session. "), Originally, Presidents personally delivered State of the Union Addresses to Congress every year. If so brought, escape by confession of guilt implied in the acceptance of a pardon may be rejected, preferring to be the victim of the law rather than its acknowledged transgressor, preferring death even to such certain infamy. Suffice it to say that the president is made the sole repository of the executive powers of the United States, and the powers entrusted to him as well as the duties imposed upon him are indeed a powerful and incredible responsibility but as well as a great honor. He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States. The Take Care Clause requires the president to obey and enforce all laws, though the president retains some discretion in interpreting the laws and determining how to enforce them. In modern practice, parties nominate their electors through various methods, see Elector Nominations. That duty must be discharged periodically. The wording of this clause caused much controversy at the time it was first used. The officer in question was sworn in, but the Senate, under the guise of a motion to reconsider, rescinded the advice and consent. The President has the power to suggest to Congress anything he thinks is "necessary [needed] and expedient [appropriate]". His recommendations respect the equal dignity of Congress and thus embody the anti-royalty sentiment that ignited the American Revolution and subsequently stripped the trappings of monarchy away from the new chief executive.  A "reprieve" cancels or changes a punishment – for example, changing a death sentence to a sentence of life in prison. Gravity. , It is not clear whether the President can fire a person who was hired with the advice and consent of the Senate. That Amendment creates a process for filling a vacancy in the office of the Vice President. The president may not receive other compensation from either the federal or any state government. Email. 2".. They do not have to vote for someone from a different state.  However, in British history, "high crimes and misdemeanors" could include many different things (even losing a ship by not tying it up). Clause 3 also authorizes the president to prorogue Congress if the House and Senate cannot agree on the time of adjournment; no president has ever had to exercise this administrative power.  It gives the President powers, but he has to use them with the "advice and consent" (agreement) of the Senate. , Once the Senate gives advice and consent to the President (approves the President's choice for a job), and that person is given the job, the Senate cannot go back and change its mind. Write. Nonetheless, the Constitution dictates that the president and vice president are to be elected at the same time, for the same term, and by the same constituency. William Marbury took the matter to the Supreme Court, where the famous Marbury was decided. 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. Constitutional Amendment Process. They cannot spend the money on anything else, because this would go against a law made by Congress. the three branches of government. Simplified Constitution of the United States . Kesavan and Sidak explain the purpose of the State of the Union clause: The State of the Union Clause imposes an executive duty on the president. Comments. Article Two vests the power of the executive branch in the office of the president of the United States, lays out the procedures for electing and removing the president, and establishes the president's powers and responsibilities. George Washington found it prudent to organize his principal officers into a Cabinet, and it has been part of the executive branch structure ever since.
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