Omar Bennett
The Second Amendment to the United States Constitution protects the right of the people to keep and bear Arms. The Supreme Court ruled in District of Columbia v. Heller (2008) that the amendment protects an individual's right to keep a gun for self-defence. The Second Amendment also states that no vessel of war shall be kept up in peacetime by any state, except for the defence of such state or its trade. Additionally, Article Two of the Constitution establishes the executive branch of the federal government, which enforces federal laws. It also vests the power of the executive branch in the office of the President of the United States, 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 also sets forth the eligibility requirements for serving as president of the United States, and establishes the oath of office. Section 1 also establishes the Electoral College, the body charged with electing the President and the Vice President.
| Characteristics | Values |
|---|---|
| Establishes | The executive branch of the federal government |
| Vests power of the executive branch in | The office of the President of the United States |
| Lays out | Procedures for electing and removing the President |
| Establishes | The President's powers and responsibilities |
| Establishes | The positions of the President and the Vice President |
| Sets | The term of both offices at four years |
| Establishes | The Electoral College |
| Sets forth | Eligibility requirements for serving as President of the United States |
| Establishes | The right of the people to keep and bear arms |
| States | Electors shall meet in their respective states and vote by ballot for two persons |
| States | The times, places and manner of holding elections for Senators and Representatives |
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What You'll Learn
The executive branch of the federal government
The President is the head of the executive branch and is responsible for executing the laws of the United States. Before assuming office, the President must take an oath to preserve, protect, and defend the Constitution. The Constitution also authorizes the President to seek advice from the principal officers of the various executive departments, and to require these officers to tender their advice in writing. This has led to the establishment of a Cabinet, which has been part of the executive branch structure since George Washington's administration.
The President has the power to appoint officials, but the Senate can vote by a simple majority to disqualify an official from holding office, preventing the President from using this power as a de facto pardon. The President can also be impeached and removed from office by the Senate. In such cases, the Senate may also vote to disqualify the President from holding any future office under the United States.
The executive branch is responsible for conducting military operations and engaging in warfare. While the President has the power to commence military engagements, these campaigns are often justified through Congressional authorizations or United Nations resolutions to ensure their legal legitimacy.
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Eligibility requirements for serving as president
The US Constitution, in Article II, Section 1, Clause 5, sets out the eligibility requirements for serving as president. This is known as the Qualifications Clause.
Firstly, a US president must be a natural-born citizen. This requirement was included to protect the US from "ambitious foreigners" and to prevent corrupt interferences of foreign governments in executive elections. The precise meaning of "natural-born citizen" is debated, and there is no final Supreme Court ruling on the issue. However, it is generally understood to exclude anyone who has undergone the naturalization process. There is an exception for citizens at the time of the adoption of the Constitution, which was included to respect distinguished revolutionary patriots born in a foreign land.
Secondly, a US president must be at least 35 years old. This age requirement was included to ensure that the president would have the necessary maturity and wisdom to lead the executive department and promote national interests.
Thirdly, a US president must have been a resident of the United States for at least 14 years. This residency requirement was included to ensure that the people would have a full opportunity to know the candidate. It should be noted that this does not require 14 years of continuous residency, but rather 14 years of permanent domicile.
In addition to these requirements, a president-elect must swear an oath of office before assuming the presidency. They must swear to faithfully execute the office of President of the United States and to preserve, protect, and defend the Constitution. The president is the commander-in-chief of the US and has the power to fill up vacancies during the recess of the Senate. They hold office for a term of four years and can serve a maximum of two terms.
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Procedures for electing and removing the president
Article Two of the United States Constitution establishes the executive branch of the federal government, which carries out and enforces federal laws. It also vests the power of the executive branch in the office of the President of the United States, and lays out the procedures for electing and removing the President, as well as establishing the President's powers and responsibilities.
Procedures for Electing the President
Section 1 of Article Two establishes the positions of the President and the Vice President, and sets the term of both offices at four years. The President must take an oath or affirmation before assuming office, swearing to "faithfully execute the Office of President of the United States" and to "preserve, protect and defend the Constitution of the United States".
The executive power is vested in the President, and the Vesting Clause of Section 1, along with the Vesting Clauses of Articles One and Three, establishes the separation of powers among the three branches of government. The President is elected by the Electoral College, a body charged with electing the President and Vice President. Each state chooses electors, with the number of electors being equal to the number of senators and representatives the state has in Congress. Electors are typically chosen on the Tuesday following the first Monday in November in the year before the president's term is to expire.
The electors then cast their votes on the Monday following the second Wednesday in December, and the votes are opened by the President of the Senate and counted by Congress in a joint session. While electors are expected to vote for the presidential and vice-presidential candidates who appeared on the ballot, there have been cases of "faithless electors" who have refused to vote for the designated candidate.
Procedures for Removing the President
The Constitution outlines that judgment in cases of impeachment does not extend beyond removal from office and disqualification from holding any office of honor, trust, or profit under the United States. The party convicted is still liable and subject to indictment, trial, judgment, and punishment according to the law.
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The right to keep and bear arms
The Second Amendment to the United States Constitution protects the right of individuals to keep and bear arms. This right has been a subject of debate and has been interpreted differently over time. The amendment states:
> "A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
The Second Amendment was influenced by the colonial militia during the pre-revolutionary period in the 1760s, which was composed of colonists with varying loyalties. As opposition to British rule grew, colonists known as Patriots, who favoured independence, created their own militias, excluding Loyalists. This led to an arms build-up, which the British Parliament attempted to curb with an embargo on firearms, ammunition, and parts.
The Second Amendment has also been interpreted in the context of state security and slave control. James Madison, a slave owner, redrafted the amendment to reassure slave states that the federal government would not disarm their militias, which were used to suppress slave insurrections. This interpretation highlights the complex historical context surrounding the right to keep and bear arms.
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The Supreme Court
One notable case decided by the Supreme Court was Bush v. Palm Beach County Canvassing Board (2000), where the Court remanded to the Supreme Court of Florida the question of the Florida Constitution's impact on the legislature's authority. In Williams v. Rhodes (1968), the Court struck down an Ohio law that placed burdens on minor parties seeking to be placed on the ballot for presidential electors, finding it violated the Equal Protection Clause. The Court has also upheld the power of Congress to regulate political contributions influencing elector appointments in Burroughs v. United States (1934).
Additionally, the Supreme Court has weighed in on issues of labour and equality. In United States v. Darby Lumber Co. (1941), the Court unanimously found a federal statute regulating the employment of minors in interstate commerce to be constitutional, overturning previous rulings. The Equal Rights Amendment, proposed in 1972, would have prohibited discrimination by federal or state governments based on sex, but it did not receive enough state ratifications to become part of the Constitution.
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Frequently asked questions
No person except a natural-born citizen of the United States, or a citizen at the time of the adoption of the Constitution, is eligible for the office of the President. The person must also be at least 35 years old and have been a resident in the United States for 14 years.
Before entering the office, the President must take an oath: "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 Second Amendment guarantees an individual's right to keep and bear arms. This was ruled by the Supreme Court in District of Columbia v. Heller (2008).
Any official convicted by the Senate is immediately removed from office. To prevent the President's Article II appointment power from pardoning convicted officials, the Senate may also vote for the official to be permanently disqualified from holding any future office.
