Eleanor Finch
The United States Constitution's second section of Article Two outlines the powers of the President, establishing their role as Commander-in-Chief of the military. This section grants the President the authority to grant pardons and requires the principal officer of any executive department to provide advice. It also sets the term of office for both the President and Vice President at four years and establishes the Electoral College, which is responsible for electing these officials. The eligibility requirements for the presidency are outlined in this section, including age and residency restrictions, and procedures for addressing vacancies are also included.
| Characteristics | Values |
|---|---|
| Eligibility requirements for the office of President | No person except a natural-born citizen, or a citizen of the United States at the time of the adoption of the Constitution, shall be eligible for office. |
| One must be at least thirty-five years old and have been a resident in the United States for fourteen years. | |
| Powers of the Presidency | The President serves as the Commander-in-Chief of the military. |
| The President has the power to grant pardons. | |
| The President can require advice from the "principal officer" of any executive department. | |
| Procedures of the Electoral College | Each state chooses members of the Electoral College, with the number of electors equal to their combined representation in both houses of Congress. |
| The House of Representatives must hold a contingent election if no individual wins a majority of the electoral vote. | |
| Term of office | The President and Vice President are elected to a four-year term. |
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What You'll Learn
The President's role as Commander-in-Chief
The US Constitution, in Article II, Section 2, establishes the President as the Commander-in-Chief of the US armed forces, including the Army, Navy, and the Militia of the several States when called into actual service. This role is one of the most important for the President, as it entails the responsibility for the safety and security of the nation and its citizens.
As Commander-in-Chief, the President has the power to direct the military for any purpose specified by Congress. While the President shapes and determines US foreign policy, the power to declare war rests exclusively with Congress, according to Article One's War Powers Clause. The President's authority to initiate hostilities has been debated, with some arguing it is solely Congress's prerogative to authorise the use of force.
In practice, the President's Commander-in-Chief role has been exercised in various ways, including directing military action, engaging in peace talks, and forming international coalitions. For instance, President Clinton supported peace talks during the Serbian-Bosnian conflict, while also authorising airstrikes with NATO allies to force Serbia to accept a peace agreement and end ethnic cleansing. Similarly, Clinton worked with international partners to address the political violence and refugee crisis in Haiti, ultimately delivering an ultimatum to the Haitian military government.
The President's Commander-in-Chief authority also extends to directing the use of military forces abroad, as seen in the Vietnam War and the defence of South Vietnam and Cambodia. The legal basis for such deployments has been a subject of debate, with critics arguing that Congress should have the sole authority to initiate wars.
Ultimately, the President's role as Commander-in-Chief is a critical aspect of their responsibility to "preserve, protect and defend the Constitution of the United States," as outlined in the Presidential Oath of Office.
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Eligibility requirements for the President
Section 1 of Article Two of the United States Constitution sets out the eligibility requirements for serving as president. To be eligible for the office of President, one must be a natural-born citizen of the United States and be at least thirty-five years old. The residency requirement states that one must have been a resident within the United States for at least fourteen years.
The Qualifications Clause set forth in Article II, Section 1, Clause 5, requires the President to be a natural-born citizen. This clause bars naturalized citizens from the presidency to protect the United States from ambitious foreigners and prevent corrupt interferences of foreign governments in executive elections. An exception was provided for foreign-born persons who immigrated before the Constitution was adopted. This was done to respect distinguished revolutionary patriots born outside the country who had earned honours in their new homeland.
The President is the commander-in-chief of the military, and Article One's War Powers Clause gives Congress, not the President, the right to declare war. However, the President's power to initiate hostilities has been questioned and interpreted differently over time.
Even if a person meets the above qualifications, they may still be constitutionally barred from becoming President. Article I, Section 3, Clause 7, gives the U.S. Senate the option of disqualifying anyone convicted in an impeachment case from holding federal office. The 14th Amendment prohibits anyone who rebelled against the United States from becoming President, but this disqualification can be lifted by a two-thirds vote of each house in Congress. The 22nd Amendment prohibits anyone from serving more than two terms as President.
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Election procedures
Article Two of the United States Constitution establishes the executive branch of the federal government, which carries out and enforces federal laws. The election procedures are outlined as follows:
Section 1 of Article Two establishes the positions of the President and the Vice President, setting their term of office at four years. The Vesting Clause of Section 1 declares that the executive power of the federal government is vested in the President, establishing the separation of powers among the three branches of government.
Section 1 also establishes the Electoral College, which is responsible for electing the President and Vice President. Each state chooses members of the Electoral College, with the number of electors equal to their combined representation in both houses of Congress. The procedures of the Electoral College are outlined, including the requirement for the House of Representatives to hold a contingent election if no individual wins a majority of the electoral vote.
The eligibility requirements for the office of President are also set out in Section 1. To be eligible, an individual must be a natural-born citizen of the United States and at least 35 years old, and have been a resident of the United States for at least 14 years.
The President is required to take an oath of office before assuming their duties, swearing to "preserve, protect and defend the Constitution of the United States".
Section 2 of Article Two further outlines the powers of the President as Commander-in-Chief of the military and grants them the power to grant pardons.
The Constitution also addresses qualifications that may bar an individual from holding the office of President. For example, the 22nd Amendment prohibits anyone from being elected to the presidency more than twice.
The election procedures outlined in Article Two of the Constitution provide the framework for electing the President and Vice President of the United States, ensuring a smooth transition of power and establishing the role of the executive branch in the federal government.
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Presidential powers and responsibilities
Article Two of the United States Constitution establishes the executive branch of the federal government, which carries out and enforces federal laws. The Constitution vests the President with executive power and lays out the procedures for electing and removing the President, as well as establishing the President's powers and responsibilities.
Section 1 of Article Two establishes the positions of the President and Vice President, setting the term of both offices at four years. It also establishes the Electoral College, which is responsible for electing the President and Vice President. The eligibility requirements for the office of President are outlined in Section 1, which include that only a natural-born citizen or a citizen of the United States at the time of the Constitution's adoption is eligible for the presidency. The individual must be at least thirty-five years old and have been a resident of the United States for fourteen years. Section 1 also provides procedures in the case of a Presidential vacancy and requires the President to take an oath of office before assuming the role.
Section 2 of Article Two outlines the powers of the President, who serves as the Commander-in-Chief of the military. This section grants the President the authority to grant pardons and requires the "principal officer" of any executive department to offer advice. The President's power as Commander-in-Chief extends to initiating hostilities, although this has been subject to question. While the War Powers Clause gives Congress the exclusive right to declare war, historian Thomas Woods interprets Article II, Section 2 as granting the President the power to initiate hostilities without consulting Congress.
In addition to the powers outlined in Article Two, the President's responsibilities include preserving, protecting, and defending the Constitution of the United States, as stated in the oath of office. The 22nd Amendment adds another responsibility by prohibiting anyone from being elected to the presidency more than twice.
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Vice President's role
The role of the Vice President of the United States is outlined in Article Two of the US Constitution, which establishes the executive branch of the federal government. This article vests executive power in the President, with the Vice President serving a four-year term alongside them.
Section 1 of Article Two establishes the positions and terms of office for both the President and Vice President, setting a four-year term for each. It also establishes the Electoral College, which is responsible for electing the President and Vice President. The Electoral College consists of electors from each state, who are appointed by their respective state legislatures. The number of electors from each state is equal to the combined representation of that state in both houses of Congress.
While the President is vested with significant powers, including serving as the Commander-in-Chief of the military, the Vice President's role is not as extensively defined in the Constitution. The Vice President is primarily mentioned in Section 1 of Article Two, which outlines the election process and the four-year term.
However, it is important to note that the Vice President does have some specific responsibilities and powers. For example, in the event of a tie in the Senate, the Vice President, as the President of the Senate, casts the deciding vote. Additionally, the Vice President assumes the role of Acting President if the President is unable to perform their duties, such as in the case of the President's death, resignation, or removal from office.
The eligibility requirements for the Vice President are also outlined in Article Two, mirroring those for the President. According to Section 1, only a natural-born citizen or a citizen of the United States at the time of the Constitution's adoption is eligible for the office of Vice President. Additionally, they must have attained the age of thirty-five years and been a fourteen-year resident within the United States.
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Frequently asked questions
The second section of Article Two lays out the powers of the Presidency, establishing that the President serves as the Commander-in-Chief of the military.
The President has the power to initiate hostilities without consulting Congress, according to an interpretation of the Constitution by historian Thomas Woods. However, only Congress has the right to declare war.
It gives the President the power to grant pardons and requires the "principal officer" of any executive department to tender advice.
The President holds office for a term of four years.
To be eligible to become President, one must be a natural-born Citizen of the United States, be at least thirty-five years old, and have been a Resident within the United States for at least fourteen years.
