Article II: The Executive Branch
o President, Vice-President, and Presidential Cabinet
o Powers: command the armed forces, make treaties with other nations, pardon criminals, and appoint
certain gov’t officials (Senate must approve these.)
Role of President
4main duties:
1. Chief Executive
a. Manage the gov’t by carrying out its laws
b. Relies on a huge bureaucracy or organization of gov’t workers and includes the departments that
make up the cabinet, 30 executive agencies
2. Chief of State
a. Directs national diplomacy or relations with foreign countries
b. Power to appoint ambassadors who represent the US in other countries
c. Power to make treaties with foreign countries
d. Power to issue executive agreements – made directly with head of state from the other country
3. Commander-in-chief
a. Highest ranking officer in the armed services
b. Can order troops to become involved in serious situations at home and abroad without the
approval of congress
c. Power to appoint and remove commanding officers from service
4. Chief Legislator
a. Influences the passage of laws in 2 important ways
i. President suggests laws to Congress and works for their passage
ii. President can use the veto to prevent the passage of laws that the President opposes
ARTICLE II
Section 1
1. serves 4 year terms (22nd Amendment limits the number of terms a President can serve to two.)
2. Elected indirectly – electoral college
a. # of electors = total # of Senator and Representatives
3. Former method of election --- each elector voted for 2 candidates
4. Presidential elections - 1st Tuesday after the 1st Monday in November; Electors cast their votes on the
Monday after the 2nd Wednesday in December
5. Qualifications:
a. Citizen of US by birth
b. At least 35 years old
c. Resident of US for 14 years
6. Vice President becomes President if the President dies, resigns, or is removed from office
a. Presidential Succession Act of 1947
7. Salary - $25,000
a. Now, it is $400,000.
b. Plus $50,000 taxable expense account, $120,000 non-taxable allowance for travel and
entertainment and living accommodations in 2 residences: White House and Camp David
8. Oath of office – administered by the Chief Justice of the US Supreme Court
a. Washington was the only president-elect to not be sworn in by the Chief Justice of the US
Supreme Court.
b. Vice-Presidents – John Tyler, Calvin Coolidge, and Lyndon Johnson – were not sworn in by the
Chief Justice.
Section 2:
1. Military, Cabinet, Pardons
a. “principal officer in each of the executive departments” is the only suggestion of a President
Cabinet in Constitution
b. Cabinet is an advisory board and power depends on President and approved by Senate
c. Military – clause makes President, a civilian, the head of the armed services ----established
principle of civilian control of military
d. Pardons – for offenses against the US except in cases of impeachment
e. Constitution didn’t call for a cabinet. Washington started this practice by relying on a group of
trusted assistants.
2. Treaties and Appointments
a. President is the chief architect of American policy; responsible for foreign relations
b. All treaties require the approval of 2/3rds of Senators present.
c. President can remove an appointee without Congressional approval --- can be restricted by
conditions set in creating the office.
3. Vacancies
a. President can temporarily appoint officials to fill vacancies when Senate is not in session.
Section 3: Duties
1. Annual State-of-the-Union address
2. Can call Congress into special session
3. Receive foreign diplomats and power to ask a foreign diplomats and power to ask a foreign country to
withdraw its diplomatic officials from this country (implies war)
4. Power to recognize or not recognize foreign governments
o Section 4: Impeachment
1. Reasons for --- conviction of treason, bribery, high crimes, and misdemeanors
Article III: The Judicial Branch
o gives judicial powers of gov’t to Supreme Court and other federal courts
o President appoints these judges who serve for life or “during good behavior” as the Constitution states
o Courts have power to judge “all cases. . .arising under this Constitution.” --- this allows the Supreme
Court to prevent the other branches from violating the Constitution.
Under A Flexible Document
o Judicial Review – power of Supreme Court to review gov’t acts and possibly declare them
unconstitutional
o John Marshall – Chief Justice, believed this was what the Founders meant
o 1803 – He called an act of Congress unconstitutional in the landmark case known as Marbury vs.
Madison – he established precedent or example for future courts to follow
1 of the Nation’s most important institutions – although only briefly described in the Constitution
o Function:
o To interpret laws of the land and to preserve and protect the rights the Constitution guarantees
o Judiciary Act of 1789
o Passed by Congress
o Set up the federal court system
o Structure of the Court System
o Each state has its own separate court system for hearing cases related to state and local law
o 3 main levels – only hear cases involving national laws
1. lowest – more than 90 district courts and a # of specialized courts (i.e. Tax Court and Court
of Military Appeals)
2. Next – 13 Courts of Appeals and a small # of specialized courts
3. Highest – Supreme Court
*** The Appeals Process:
o Most federal cases begin at district level where either a judge or jury reaches a decision
o If unhappy with decision, appeal to next highest court to review the case
o Court of last appeal is the US Supreme Court
o The US Supreme Court – 9 justices including the Chief Justice
o Decisions are made by a simple majority or a vote of at least 5
Section 1: Federal Courts
o Constitution only set up Supreme Court but made provisions for establishment of the other federal
courts
o “serve during good behavior” – usually serve for life or until they retire
Section 2: Jurisdiction
1. General Jurisdiction
a. Use of “in law and equity”
b. America took over 2 kinds of traditional law from Britain
i. Basic law or “common law”
ii. “Equity” – a special branch of British law developed to handle cases where common law
didn’t apply
c. Deal with “statute law” or laws passed by Congress, treaties, and cases involving the
Constitution
2. Supreme Court
a. Has original jurisdiction – authority to be 1st court to hear a case
b. Has appellate jurisdiction – cases that have been appealed from lower courts
3. Jury Trials
a. Anyone accused of crime has right to a jury trial except in case of impeachment.
b. Must be held in state where crime was committed
c. Strengthened by 6th, 7th, 8th, and 9th Amendment
Section 3: Treason
1. Definition
a. 2 witnesses be present to testify in court that a treasonable act was committed
b. Wanted to break away from monarchy style
2. Punishment
a. Congress has this power.
Article IV: Relation Among the States
o
explains the relationship between the states and the national gov’t
Section1: Official Acts
o Each state recognizes the laws, court decisions, and records of other states (i.e. marriage licenses)
Section 2: Mutual Duties of States
1. Privileges
a. “privileges and immunities” or rights of citizens, guarantee each state’s citizens equal treatment
in all states
2. Extradition
a. Person convicted of a crime or a person accused of a crime must be returned to the state where
the crime was committed.
3. Fugitive-Slave Clause
a. Slaves can’t become free by escaping to free states.
Section 3: New States and Territories
1. New States
a. Congress admits new states based on guidelines for applying for statehood.
2. Territories
a. Congress has power over federal land.
b. However, Constitution doesn’t give explicitly the federal gov’t the power to acquire new
territory.
Section 4: Federal Protection for States
o Allows federal gov’t to send troops into a state to guarantee law and order
o President may send in troops without consent of state gov’t.
Article V: The Amending Process
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Framers made it difficult to amend.
Specifies how the Constitution be changed
Any change in the Constitution is called amendment
2 steps to amending process
o 1. Proposed
o 2. Then ratified
Proposed – two ways
o 1. vote of 2/3rds of members of both houses of Congress or
o 2. by a national convention
o #2 has never happened (2/3rds of state legislatures must be requested.)
Ratifying – 3/4ths of states (38 states) – two ways
o 1. by a vote in each states legislatures or
o 2. by calling special state conventions
o 21st Amendment --- only one ratified by state conventions
Since 1789 – more than 9,000 amendments were proposed
Time limits – Congress set 7 years but they can also extend the time limit.
Article VI: National Supremacy
1. Public Debts and Treaties
a. All debts incurred during the Revolution and under the Articles of Confederation would be
honored by the new US gov’t.
2. Supreme Law
a. Constitution and federal laws are supreme when in conflict with those of states
b. Based on this clause – John Marshall wrote his historic decision in McCulloch vs. Maryland
c. It was reinforced by the 14th Amendment.
3. Oaths of Office
a. No religious test required as a qualification for holding public office
b. 1st amendment
o Specifics/discusses general provisions about the gov’t
Article VII: Ratification
o States that the Constitution will go into effect after 9 states ratify it (9 out of the 13 states)
o 39/55 delegates at Constitutional Convention signed the Constitution
o Went into effect in June 1788.