Article II
United States Constitution
Articles of Confederation
No Executive Branch
Instead, the Congress of the Articles of Confederation
would elect a President of the Congress for a one-year
term.
Samuel Johnston was the first elected after the
Articles went into effect, but declined the office
Thomas McKean was then elected, but got bored and
resigned a few months later.
James Hansen became the first elected President of
Congress to serve the whole one-year term
Wikipedia.com
Philadelphia, 1787
Virginia’s Plan for the Executive Branch
That a national executive be instituted, to be chosen by the national
legislature for the term of _______ years…
general authority to execute the national laws, it ought to enjoy the
executive rights vested in congress by the confederation…
That the executive, and a convenient number of the national
judiciary, ought to compose a council of revision, with authority to
examine every act of the national legislature, before it shall
operate…
and that the dissent of the said council shall amount to a rejection…
New Jersey’s Plan for the Executive Branch
It called for Congress to select an executive council, which would
serve one four-year term, and which would be subject to recall by
state governors.
Alexander Hamilton’s idea…
A one-man executive who would serve for life and have veto power
over all federal and state laws
Nolo.com
Bill of Rights Institute
WalterCoffey.wordpress.com
After 60 ballots, delegates approved creating a single
executive called the president; this was the first
national executive in American history.
The PRESIDENT (that is, the executive branch) would be
elected at the state level through an ELECTORAL COLLEGE
whose numbers reflected representation in the legislature.
The president would be commander-in-chief of the national
military.
The president was empowered to appoint all executive and
judicial officials.
The president was empowered to negotiate international
treaties
Ushistory.org
WalterCoffey.wordpress.com
Section 1
President of the United States of America has the
executive power
Term of Office – four years
Originally, he could also run for unlimited terms
however…
Washington was offered a 3rd term and turned it
down – worrying it would look too much like the
monarchy they had left behind with England
All presidents followed Washington’s example until
FDR who won four terms, but only served three
before passing away shortly after taking office for
the fourth term
The 22nd amendment now limits the President to
two terms but not more than 10 years
Section 1…continued
The President and Vice President are elected as
follows:
Each state appoints a number of electors equal to the
number of Representatives they have in Congress plus
the two Senators
No elector can be a Representative or Senator or any
other office holder in the United States government
The Electors meet in their respective state and vote by
ballot for two people
At least one of those people cannot be from the same
state as the electors in that particular state
They make a list of all people they voted for and how
many votes each person received
The list is certified, sent to the seat of the national
government to the attention of the President of the
Senate
The President of the Senate, in the presence of both
houses of Congress, opens the certificates and counts the
votes
The person with the majority of the electoral votes is
President of the United States.
If no candidate receives a majority, the House of
Representative will decide the winner
Each state in the House is given one vote
• The person with the most votes will be President and
the runner-up Vice President
• If there’s a tie for second place/Vice President, the
Senate will choose the Vice President
This method of casting ballots if no candidate received
a majority of votes in the Electoral College proved to
be disastrous in the election of 1800,
The House cast 36 ballots before Jefferson was
finally elected President!
This brought on the addition of the 12th
Amendment which states…
• The House of Representatives now must cast two
separate ballots if there is no majority in the Electoral
College
• One ballot for President
• One ballot for Vice President
• If there’s a tie for Vice President the Senate will
vote for Vice President
Congress determines
The time of choosing the Electors
The time the Electors cast their ballots
This day has to be the same for the whole nation
Qualifications for President (& Vice President)
Must be a natural-born citizen or a citizen at the time of
the Adoption of the Constitution
Must be at least 35 years old
Must have lived in the U.S. for at least 14 years
If the President dies, becomes disabled, or is
removed from office
The duties fall to the Vice President
Congress can decide via law, what officers follow the VP if
he cannot assume the responsibilities
Until JFK’s assassination in 1963, Congress had let
tradition handle the succession of the President.
By 1969 they had added the 25th Amendment that
established the official line of succession
The Officer filling in for the President acts in his place
until the disability is removed from the President or
another Presidential election is held
President’s Salary
He get’s paid, but can’t get a reduction in pay or a raise
for that term of office
He can’t get paid anything additional money by the U.S.
or any state.
Oath of Office
He must take the following Oath before assuming office
“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
The President is the Commander in Chief of the
Armed Forces of the U.S. and the militias of the
States when called into service of the U.S.
He can gain advice from the leaders of the
Executive Departments in order to help him as
Chief Executive of the U.S.
He has Clemency Power
He can grant reprieves and pardons for offenses against
the United States
With the advice and consent of the Senate,
he can make treaties
2/3rds of the Senate has to approve the treaty before it
goes into effect
He can appoint
Ambassadors
Public ministers and consuls
Judges of the Supreme Court
And other officers who are not already provided for
He can fill vacancies in any of the above offices that
happen when the Senate is in recess.
The appointment lasts until the end of the next Senate
session
This doesn’t happen much anymore because the Senate
meets almost year-around now.
Section 3
The President shall deliver to Congress the State of
the Union message from time to time
Now happens toward the end of January each year
He may recommend legislation
This usually is introduced during the State of the Union
message
He can convene both houses in time of emergency
He can adjourn the houses if they can’t agree on a
time to do so
He receives Ambassadors and other public
ministers
He sees that all laws are faithfully
executed/enforced
He commissions all Officers of the U.S.
Section 4
The President, VP, and all other civil Officers of the
U.S. can be removed from office via impeachment
for and conviction of
Treason
Bribery
Other high crimes and misdemeanors