The Executive Branch: Constitution's Core Principle

The US Constitution divides the federal government into three branches: legislative, executive, and judicial. Article II of the Constitution establishes the Executive Branch and outlines the powers given to it. The Executive Branch includes the President, the Vice President, the Cabinet, and independent federal agencies. The President is the head of state and government and Commander-in-Chief of the armed forces. They are responsible for executing and enforcing the laws created by Congress and have the power to appoint officers and issue executive orders. The Vice President supports the President and assumes the role of President if the need arises. The Cabinet and independent federal agencies are responsible for the day-to-day enforcement and administration of federal laws.

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The Executive Vesting Clause

Article II of the U.S. Constitution establishes the Executive Branch of the federal government. The Executive Vesting Clause, in Section 1, Clause 1, provides that the federal executive power is vested in the President of the United States of America. The President, as the head of state and head of government, is responsible for executing and enforcing the laws created by Congress. This includes the authority to appoint agents charged with enforcing these laws and the distinct authority over foreign affairs.

While the Vesting Clause grants the President significant powers, it is important to note that these powers are subject to express limitations in the Constitution. For example, the President cannot appoint officers without the consent of the Senate. Additionally, the power to declare war resides with Congress, according to Article I, Section 8, Clause 11.

The interpretation of the Vesting Clause has been a subject of debate, with two main schools of thought: the Unitary Executive position and the minimalist position. Advocates of the Unitary Executive believe that the President can exercise their constitutional powers without congressional interference and has the authority to direct executive officers. On the other hand, Vesting Clause minimalists argue that Congress can qualify or regulate the President's exercise of powers that are not clearly assigned to their sole discretion, as long as it does not impede the President's ability to carry out their constitutional duties.

The debate surrounding the Vesting Clause has important implications for the allocation of power and institutional arrangements within the federal government.

Commander-in-Chief powers

Article II of the U.S. Constitution establishes the Executive Branch of the federal government. The Executive Vesting Clause, in Section 1, Clause 1, provides that the federal executive power is vested in the President. The President is both the head of state and head of government of the United States of America, and Commander-in-Chief of the armed forces.

The Commander-in-Chief clause, outlined in Article II, Section 2, states that the President:

> "shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States."

This clause has been a source of conflict and debate throughout American history, with questions arising over whether and to what extent the President has the authority to use the military absent a Congressional declaration of war. Some scholars believe the clause confers expansive powers on the President, while others argue that even if it does, the Constitution does not define the extent of those powers.

The Commander-in-Chief powers of the President increase when Congressional intent supports the actions taken. For example, after the terrorist attacks of September 2001, the U.S. Congress passed the Authorization for Use of Military Force against Terrorists (AUMF). While the AUMF did not officially declare war, it provided the President with more authority to exercise his constitutional powers as Commander-in-Chief.

The President has the power to direct the armed forces for any purpose specified by Congress, and to repel sudden attacks and act in other emergencies. However, opponents of expanded presidential powers argue that the authority to initiate war is vested exclusively in Congress.

The Commander-in-Chief powers also include the constitutional responsibility for determining what measures of defence are required when the peace and safety of the United States are endangered. The President is also empowered to take those measures, such as deploying U.S. forces and taking military action.

The President's power as Commander-in-Chief has been limited by the Supreme Court in certain instances, such as in the case of Hamdan v. Rumsfeld, where the Court held that the President lacked the constitutional authority to try detainees in military tribunals.

Requirements to become President

Article II of the U.S. Constitution establishes the Executive Branch of the federal government. The Executive Vesting Clause, in Section 1, Clause 1, provides that the federal executive power is vested in the President.

To become the President of the United States, a candidate must meet the following requirements as outlined in the Qualifications Clause set forth in Article II, Section 1, Clause 5:

• The candidate must be a natural-born citizen of the United States. This requirement, as explained by Justice Story, serves to protect the country from "ambitious foreigners" and prevent "corrupt interferences of foreign governments in executive elections." However, Article II provides an exception for those who were citizens at the time of the adoption of the Constitution, as well as for children of U.S. citizens born overseas.
• The candidate must be at least 35 years old. This age requirement is in place to ensure that the person holding the office of President has the necessary maturity and experience to lead the nation.
• The candidate must have been a resident of the United States for at least 14 years. This residency requirement allows the people of the United States to have a full opportunity to know the candidate and assess their character and qualifications.

In addition to these constitutional requirements, there are other conditions that must be met for a candidate to become President. Firstly, the candidate must be elected through the process outlined in the Constitution, which includes the establishment of the electoral college. Secondly, the candidate must take an oath or affirmation before assuming office, swearing to faithfully execute the duties of the presidency and uphold the Constitution.

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Powers of the President

Article II of the US Constitution establishes the Executive Branch of the federal government. The Executive Vesting Clause, in Section 1, Clause 1, provides that the federal executive power is vested in the President.

The President is the head of state, the leader of the federal government, and the Commander-in-Chief of the armed forces. As Commander-in-Chief, the President has the authority to conduct warfare, deploy troops, and instruct generals to undertake military operations in defence of national security. However, it is important to note that only the legislative branch can declare war, and Congress controls funding and the raising of armies.

The President is responsible for the execution and enforcement of laws created by Congress. This includes the power to appoint the heads of federal agencies, including the Cabinet, and to issue executive orders that direct executive officers or clarify and help implement existing laws. The President also has the authority to appoint officers like the Secretary of State and other federal judges, although these appointments must be confirmed by the Senate.

The President has the power to negotiate and sign treaties, which must be ratified by two-thirds of the Senate. They can also recommend legislative measures and, in extraordinary circumstances, convene or adjourn Congress.

The President has the authority to grant reprieves, pardons, and clemencies for federal crimes, except in cases of impeachment.

The President is required to "from time to time give to Congress Information of the State of the Union". While they can fulfil this requirement in any manner they choose, it has traditionally been done through a State of the Union address to a joint session of Congress each January (except in inaugural years).

The President has distinct authority over foreign affairs and is the only one with the power to speak or listen as a representative of the nation.

The President must be a natural-born citizen, at least 35 years old, and have been a resident of the United States for at least 14 years. They are elected to a four-year term through the Electoral College system.

Vice President's role

Article II of the U.S. Constitution establishes the Executive Branch of the federal government. The Executive Vesting Clause, in Section 1, Clause 1, provides that the federal executive power is vested in the President. The Vice President is also part of the Executive Branch and is ready to assume the Presidency should the need arise. The Vice President is the second-highest official in the Executive Branch and is first in the line of presidential succession. The Vice President's primary role is to support the President and carry out any discretionary duties assigned by the President.

While the Vice President rarely presides over the Senate, they are the President of the Senate and cast the deciding vote in the case of a tie. The Vice President also has the power to break ties in the House of Representatives, although this power is rarely used. The Vice President has an office in the West Wing of the White House and in the nearby Eisenhower Executive Office Building.

The Vice President's role is not limited to the legislative branch; they are also involved in the executive branch's functions. The Vice President may be called upon to assume the Presidency, either temporarily or permanently, if the President is unable to serve due to illness, death, or removal from office. In such cases, the Vice President becomes the President, and the duties and powers of the President are transferred to them.

The Vice President also has ceremonial duties, such as attending official functions and representing the President or the United States on diplomatic missions abroad. The Vice President may also be tasked with specific policy portfolios or serve as a top adviser to the President. The Vice President works closely with the President and is an integral part of the Executive Branch, ensuring continuity and stability in the country's leadership.

The Vice President is elected alongside the President as their running mate, and they serve four-year terms. The 12th Amendment to the Constitution, adopted in 1804, modified the process by which the President and Vice President are elected. The Electoral College, a body of electors chosen by the states, elects the President and Vice President. Each state's number of electors corresponds to its population, and these electors cast ballots for the President and Vice President.

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