The Executive Branch

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Jackie, Risley, Sam, Elizabeth

Article II: The Executive Branch

Section 1

Clause 1:

The executive power will be held by a President of the United States of America. The President will hold this office for a term of four years and will only be eligible to serve two terms. Anyone who has served as President or acted as President for more than two years of a term to which some other person was elected President will only be eligible to be elected for one more term. The Vice

President will be elected along with the President for the same term. They will be elected as follows:

Clause 2:

Each state and the District of Columbia will appoint, in a manner as the legislature of each state decides, a number of electors, equal to the number of Senators and Representatives to which the state is entitled in the Congress. No Senator or Representative, or person holding an office of trust or profit under the United States will be eligible to be an elector. The electors will meet in their respective states and vote by ballot for President and Vice President, one of whom will not be an inhabitant of the same state with themselves; they will name in their ballots the person voted for as

President, and in distinct ballots the person voted for as Vice President, and they will make lists of all persons voted for as President and voted for as Vice President, and of the number of votes for each. They will sign and certify the list, and transmit them sealed to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate will, in the presence of the Senate and House of Representatives, open all the certificates and the votes will all be counted. The person having the greatest number of votes for President will become the President, if such number be a majority of the whole number of electors appointed. If no person has the majority the House of Representatives will choose from the persons having the highest numbers not exceeding three on the list of those voted for as President. In choosing the President the votes will be taken by states, the representation from each state having one vote; a quorum for this purpose will consist of a member or members of two-thirds of the states, and a majority of all the states will be necessary to a choice. The person with the greatest number of votes for Vice President will be the Vice President, if such number be a majority of the whole number of the electors appointed. If no person has a majority then the Senate will choose the Vice President from the two highest numbers on the list. A quorum for the purpose will consist of two-thirds of the whole number of senators and the majority of the whole number will be necessary to a choice. No person constitutionally ineligible to the office of President will be eligible to the office of Vice President of the United States.

Clause 3:

The terms of the President and Vice President will end at noon on the 20 th

of January, and the terms of Senators and Representatives at noon on the 3rd of January, of the year in which such terms of their successors will then begin. Congress will assemble at least once in every year, and each meeting will begin at noon on the 3 rd

day of January, unless they will by law appoint a different day.

If at the time fixed for the beginning of the term of the President, the President elect will have died, the Vice President elect will become President. If a President has not been chosen by the time fixed for the beginning of the term, or if the President elect has failed to qualify then the Vice President elect will act as President until a President has qualified. Congress may by law provide for the case

where neither President elect or Vice President elect will have qualified, declaring who will then act as President, or the manner in which one who is to act will be selected, and such a person will act accordingly until a President or Vice President will have qualified. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice will have fallen upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President when ever the right of choice will have fallen upon them.

Clause 4:

Congress may determine the time of choosing the electors and the day in which they will give their votes. That day will be the same throughout the United States.

Clause 5:

No person who has not been a citizen of the United States since the age of six will be eligible to the office of President; to be eligible for President a person must be at least thirty five years of age, been a resident in the United States for fourteen years and must live in the United States for four consecutive years prior to the Presidential campaign.

Clause 6:

In case of the removal of the President from office or of his death or resignation, the Vice President shall become President. If the office of Vice President should become vacant, the President will appoint a Vice President who must be confirmed by a majority vote of both Houses of Congress.

When the President sends to the President Pro Tempore of the Senate and the Speaker of the House of Representatives a written declaration of inability to discharge the powers and duties of the office, and until a written declaration to the contrary is submitted by the President, the powers and duties will be assumed by the Vice President as acting President. When the Vice President and a majority of the cabinet send to the President Tempore of the Senate and the Speaker of the House of

Representatives a written declaration that the President is unable to perform the powers and duties of the office, the Vice President will immediately assume the powers and duties of the office as acting President. If the President transmits, within four days, to the Pro Tempore of the Senate and the Speaker of the House of Representatives a written declaration that no inability exists, the

President will resume the powers and duties of the office, unless the Vice President and a majority of the cabinet transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of the office. Thereupon Congress will decide the issue, assembling within forty-eight hours for that purpose if not in session. If Congress is in session upon receipt of the latter written declaration they have twenty-one days to come to a decision; however, if Congress is not in session they have twenty-one days after Congress is required to assemble. If Congress determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of the office, the Vice President will continue to discharge the same as acting President; otherwise, the President will resume the powers and duties of the office.

Clause 7:

The President will, at stated times, receive compensation for services and duties performed. This compensation will neither be increased nor diminished during the period for which the President will have been elected, and will not receive within that period any other emolument.

Clause 8:

The President will be required, before entering on the execution of the office, to 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.”

Section 2

Clause 1:

The President will be Commander in Chief of all military forces of the United States.

The President may require the opinion, in writing, of any member of the Cabinet, upon any subject relating to the duties of their respective offices. The President has the power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

Clause 2:

The President will have the power, with the advice and consent of the Senate, to make treaties, with the approval of two thirds of the Senators present; and the President will appoint, with the advice and consent of the Senate, ambassadors, other public ministers and consuls, judges of the Supreme

Court, and all other officers of the United States, whose appointments are not provided for in this

Constitution, and which will be established by law. The Congress may by law give the power of appointment of such inferior officers, as they think proper, to the President alone, the courts of law, or the Heads of Departments.

Clause 3:

The President has the power to fill all vacancies that may happen during the recess of the Senate, by granting commissions which will expire at the end of their next session.

Section 3

Clause 1:

The President will send to Congress from time to time information of the State of the Union, and recommend that they consider such measures, as he will judge necessary and expedient. The

President may, on extraordinary occasions, convene both Houses, or either of them. In case of disagreement between the Houses with respect to the time of adjournment the President may adjourn them until such time as thought proper. The President will receive ambassadors and other public ministers. The President will see that the laws will be faithfully executed, and will commission all of the officers of the United States.

Section 4

The President, Vice President, and all civil officers of the United States, will be removed from office by impeachment for, and conviction of, treason, bribery, and other high crimes and misdemeanors.

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