Malcolm Rivera
Article 2 of the US Constitution outlines the executive branch of the US government, including the roles, powers, and responsibilities of the president and vice president. It is divided into four sections, each containing different clauses addressing various issues relating to the president, vice president, and other executive and federal officials.
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What You'll Learn
The executive branch
Article 2 of the US Constitution outlines the executive branch of the federal government. The executive power is vested in the President of the United States of America, who serves as the head of the federal government's executive branch. The President is the commander-in-chief of the country's military forces and is responsible for executing the laws enacted by Congress. The President also has the power to grant reprieves and pardons for federal offences, except in cases of impeachment.
The President has the authority to appoint ambassadors, public ministers, and consuls, as well as officers of the United States, with the advice and consent of the Senate. The President also has the power to make temporary appointments during Senate recess. Additionally, the President is responsible for providing Congress with information on the state of the union and can recommend legislative measures.
The President is required to take an oath to faithfully execute the office and preserve, protect, and defend the Constitution. This oath is administered by the Chief Justice of the United States.
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Presidential powers and responsibilities
Article 2 of the US Constitution outlines the executive branch of the US government, with a particular focus on the president and their powers and responsibilities. It contains four sections with different clauses addressing various issues relating to the president, vice president, and other executive and federal officials.
Article 2, Section 1, Clause 1 specifies that the president serves as head of the federal government's executive branch, for a term of four years. The vice president serves the federal government's executive branch alongside the president. The president is commander-in-chief of the US Army, Navy, and Militia of the several States. The president is responsible for the protection of Americans abroad and of foreign nationals in the United States, through the Department of State and the Department of Defense. They decide whether to recognize new nations and governments, and negotiate treaties with other nations, which become binding on the US when approved by two-thirds of the Senate. The president may also negotiate executive agreements with foreign powers that are not subject to Senate confirmation.
The president executes the laws of the country, appointing and removing executive officers, and directing officials on how to interpret the law (subject to judicial review). They can also grant reprieves and pardons for offenses against the US, except in cases of impeachment. They can issue blanket amnesty to forgive entire groups of people, and issue temporary suspensions of prosecution or punishment in the form of respites. The president is also responsible for foreign affairs functions not otherwise granted to Congress or shared with the Senate. They can sign or veto legislation, and ask for the written opinion of their Cabinet. They can also convene or adjourn Congress.
The president is elected by a majority vote of the whole number of electors appointed. If there is no majority, the House of Representatives chooses the president from the five names with the highest number of votes. The person with the second-highest number of votes of the electors becomes the vice president. If there is a tie, the Senate chooses the vice president by ballot.
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Presidential eligibility
Article 2 of the US Constitution outlines the executive branch of the US government, with a particular focus on the role of the president and their powers and responsibilities.
Article 2, Section 1, Clause 5 of the US Constitution, also known as the Qualifications Clause, sets out the requirements for eligibility to be elected to the presidency. To be eligible, an individual must:
- Be a natural-born citizen of the United States. This requirement was included to ensure that the President's loyalties would lie strictly with the United States.
- Have attained the age of thirty-five years. This age requirement was put in place to ensure that the President would have the necessary maturity and experience for the role.
- Have been a resident within the United States for at least fourteen years. This residency requirement allows the electorate to become familiar with the candidate, and for the candidate to gain a comprehensive understanding of national interests.
The 22nd Amendment of the US Constitution further limits the president to two four-year terms. However, this amendment does not apply if the person serves as president or acting president for more than two years of a presidential term to which someone else was originally elected. In this case, they may only serve one term.
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Oath of office
Article II of the United States Constitution outlines the executive branch of the US government, detailing the powers and responsibilities of the President and Vice President. It is comprised of four sections, each containing different clauses that address various issues relating to the President, Vice President, and other executive and federal officials.
The Oath of Office is a critical component of Article II, Section 1. Before assuming the duties of the presidency, the President must 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."
The President-elect's name is typically added after the "I", for example, "I, [name], do solemnly swear...". The chief justice of the United States usually administers the oath, and it is believed that George Washington added the words "So help me God" during his first inaugural address, although this is disputed.
The Oath of Office is a solemn pledge that signifies the President's commitment to uphold the Constitution and execute the duties of the office with integrity. It symbolises the transfer of power and the beginning of a new administration.
The Vice President also has an oath of office, which is taken under the Oath or Affirmation Clause of Article VI. This clause states that "all... officers of the United States ... shall be bound by Oath or Affirmation, to support this Constitution." The specific wording of the Vice President's oath is not prescribed in the Constitution, but it is likely similar to the President's oath, affirming their commitment to supporting and defending the Constitution.
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Election of the president and vice president
Article 2 of the US Constitution outlines the executive branch of the US government, with a focus on the president and their powers and responsibilities. It has four sections, containing different clauses addressing various issues relating to the president, vice president, and other executive and federal officials.
Article 2, Section 1, Clause 2 appoints electors from each state who will be directly responsible for selecting the president and vice president. Each state shall appoint electors, equal to the whole number of senators and representatives to which the state may be entitled in Congress. Electors are chosen by the candidate's party and each state chooses as many electors as it has representatives and senators in Congress. Electors must vote for two persons, one of whom must not be an inhabitant of the same state as themselves. The person with the greatest number of votes shall be the President, if they have a majority of the whole number of electors appointed. If no person has a majority, the House of Representatives chooses the President from the five highest on the list. If there is a tie, the House of Representatives will choose the President.
The Twelfth Amendment, passed by Congress in 1803 and ratified in 1804, changed a portion of Article II, Section 1. It revised and outlined the procedure for how presidents and vice presidents are elected, specifying that they are elected together. It mandated that a distinct vote be taken for the president and the vice president. If no candidate has a majority vote, or in the case of a tie, the House of Representatives chooses the president, and the Senate chooses the vice president. The Twelfth Amendment also stipulated that the newly-elected vice president will handle the responsibilities of the president while a proper candidate is chosen by Congress.
The 22nd Amendment prohibits anyone from being elected to the presidency more than twice.
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Frequently asked questions
Article 2 of the US Constitution has 4 sections.
Article 2 outlines the executive branch of the US government, including the president's powers and responsibilities.
According to Article 2, only a natural-born citizen of the US or a citizen at the time of the Constitution's adoption is eligible for the office of President. In addition, one must be at least thirty-five years old and have been a resident in the US for fourteen years.
Each state appoints electors, who then vote for the President. The Person with the highest number of votes becomes the President, provided they have a majority of the whole number of electors. If no one has a majority, the House of Representatives chooses the President from the five people with the most votes.
