Omar Bennett
Article II of the U.S. Constitution outlines the powers and duties of the president. It establishes the Executive Branch of the federal government and vests the executive power in the President. Article II also includes the requirements to become president, such as being a natural-born citizen and at least 35 years old. It outlines the president's powers, such as the power to make treaties, appoint ambassadors, and grant pardons. The article also defines the process for electing the president, including the role of the electoral college.
| Characteristics | Values |
|---|---|
| Commander-in-Chief of the Army and Navy | Can require written opinions from the heads of executive departments |
| Power to grant reprieves and pardons for offenses against the United States | Cannot pardon in cases of impeachment |
| Power to make treaties | Requires two-thirds of the Senators present to concur |
| Power to appoint ambassadors, ministers, and consuls | Requires advice and consent of the Senate |
| Power to appoint Supreme Court judges | Requires advice and consent of the Senate |
| Power to fill vacancies during Senate recess | Appointments expire at the end of the next session |
| Power to approve or veto legislation | --- |
| Power to ensure laws are faithfully executed | --- |
| Authority over foreign affairs | --- |
| Power to convene or adjourn Congress | Only in extraordinary circumstances |
| Power to receive compensation for services | Cannot be increased or decreased during the presidential term |
| Eligibility requirements | Must be a natural-born citizen, at least 35 years old, and a 14-year resident of the United States |
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What You'll Learn
Commander-in-Chief Authority
The US Constitution's Second Article establishes the Executive Branch of the federal government, with the Executive Vesting Clause vesting federal executive power in the President. Section 2, Clause 1 of the Second Article describes the Commander-in-Chief authority as an exclusive presidential power. The Commander-in-Chief Clause gives the President the exclusive power to command the military in operations approved by Congress. This authority extends to the Army, Navy, and Militia of the United States, as well as the power to require written opinions from the heads of executive departments.
The Commander-in-Chief Clause has been interpreted to grant the President substantial independent power to direct military operations, as long as the President does not infringe on the exclusive powers of Congress or other provisions of the Constitution. This power includes the ability to deploy US forces and take military measures when peace and safety are endangered. For example, in the Prize Cases (1863), the Supreme Court recognised the President's power to repel sudden attacks, attributing this authority to the Commander-in-Chief Clause and relevant statutes.
However, the scope of presidential authority under the Commander-in-Chief Clause has been debated, particularly regarding the original understanding of the Second Amendment and the deployment of National Guard units overseas. While some scholars argue that the President possesses independent authority to use military force in domestic emergencies, others emphasise the "'Calling Forth' Clause" of Article I, which empowers Congress to "call forth the Militia to execute the Laws of the Union, suppress Insurrections, and repel Invasions."
The Commander-in-Chief Clause also grants the President the power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. This power was affirmed by Justice Joseph Story in his Commentaries on the Constitution of the United States, where he acknowledged the President's authority to give orders and have general superintendency as Commander-in-Chief.
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Appointment and Treaty-Making Powers
The US Constitution outlines the President's appointment and treaty-making powers in Article II, Sections 2 and 3.
Appointment Powers
The President has the power to nominate and, with the "Advice and Consent of the Senate", appoint high-ranking officials, including ambassadors, public ministers, consuls, Supreme Court judges, and other US officers. This power is shared with the Senate, and the President's nominations must be approved by a two-thirds majority of the Senate. The President can also unilaterally make temporary appointments during Senate recesses.
Treaty-Making Powers
The President has the power to negotiate and make treaties with the "Advice and Consent of the Senate", again requiring a two-thirds majority approval. The President has the authority to negotiate treaties alone, and the Senate's role is generally confined to approval or disapproval, with the power to attach conditions. The President can also enter into non-binding executive agreements and political commitments without Senate approval.
The Treaty Clause in Article II grants the President the power to terminate treaties according to their terms but not in violation of them, as treaties are considered supreme law under the Supremacy Clause.
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Power to Grant Pardons
Article II, Section 2 of the US Constitution grants the President the power to grant reprieves and pardons for federal offences, except in cases of impeachment. This power is derived from the Pardon Clause, which explicitly states that pardons may only be granted for "Offenses against the United States". This means that state criminal offences and civil liabilities are not pardonable.
The pardon power is intended as a tool for justice, mercy, and the public welfare. It is not limitless, and it is subject to constitutional constraints. For example, pardons cannot be used to place a president above the law, such as in cases of self-pardon or self-protective pardon. Additionally, the Supreme Court has ruled that the pardon power cannot be used to violate an individual's constitutional rights or to prevent courts from enforcing orders protecting those rights.
The pardon power has been recognised by the Supreme Court as broad and unlimited, except in cases of impeachment. It can be exercised at any time, even before legal proceedings are initiated or after a conviction. The president's power to pardon is not restricted by any temporal constraints, except that a crime must have been committed.
The pardon power has been a subject of discussion and disagreement, with some arguing that it should not extend to cases of treason. There is also debate over whether a president can pardon themselves, as this has never been attempted or challenged in court.
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Veto Legislation
The power to veto legislation is one of the most significant tools the President of the United States can employ to prevent the passage of legislation. This authority is granted by Article I, Section 7 of the Constitution.
The veto power allows the president to prevent a bill passed by Congress from becoming law. The president has ten days, excluding Sundays, to act on the legislation; if no action is taken within this period, the legislation automatically becomes law.
There are two types of vetoes: the "regular veto" and the "pocket veto". The regular veto is a qualified negative veto, where the president returns the unsigned legislation to the originating house of Congress within ten days, usually accompanied by a memorandum of disapproval or a "veto message". Congress can override a regular veto if it musters a two-thirds vote in both houses.
The pocket veto, on the other hand, is an absolute veto that cannot be overridden. It occurs when the president fails to sign a bill after Congress has adjourned and is unable to override the veto. The authority for the pocket veto comes from the Constitution's Article I, Section 7, which states, "the Congress by their adjournment prevent its return, in which case, it shall not be law."
The first use of the pocket veto was by President James Madison in 1812. Over time, there have been clashes between Congress and the President regarding the use of the pocket veto, particularly around the term "adjournment". The Legislative Branch, supported by modern court rulings, maintains that the Executive Branch can only use the pocket veto when Congress has adjourned sine die from a session.
The veto power was rarely used until the presidency of Andrew Jackson, who vetoed 12 bills. In 1845, during the presidency of John Tyler, Congress overrode a presidential veto for the first time.
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Eligibility Requirements
The eligibility requirements to become the president of a country vary from nation to nation. Here is an overview of the eligibility criteria for several countries.
United States of America
The U.S. Constitution outlines the eligibility requirements for presidential candidates in Article II, Section 1, Clause 5, also known as the Qualifications Clause. This clause sets forth the following requirements:
- The candidate must be a natural-born citizen of the United States.
- They must be at least thirty-five years old.
- They must have been a resident of the United States for at least fourteen years.
Republic of Korea
The Constitution of the Republic of Korea requires that the candidate be a citizen of South Korea and at least 40 years old by the time they assume the presidency. Additionally, they must be eligible for election to the National Assembly and have resided in South Korea for at least five years.
Brazil
The Constitution of Brazil sets forth the following requirements for presidential candidates:
- The candidate must be a native citizen of Brazil or born in the country.
- They must be eligible to vote and be registered to vote.
- They should be living in an electoral district and be a member of a political party.
- The minimum age requirement is 35 years.
Russia
According to Article 81 of the Russian Constitution, a presidential candidate must be a citizen of the Russian Federation, at least 35 years old, and have 'permanently resided' in the country for a minimum of 10 years. They should not have had a permanent residence permit in another country.
Maldives
The Constitution of the Maldives requires that the president be a Maldivian citizen born to parents who are also Maldivian citizens and hold no other citizenship. Additionally, the president must be a Muslim and follow a Sunni school of Islam.
North Macedonia
The Constitution of North Macedonia mandates that the president be a citizen, over 35 years of age, and have lived in the country for at least ten of the previous fifteen years.
Pakistan
The Constitution of Pakistan requires that the president be a citizen of Pakistan and qualified to be elected as a member of the National Assembly.
Indonesia
The 1945 Constitution of Indonesia stipulates that the president must be an Indonesian citizen by birth and must never have accepted another citizenship willingly. They must also have never betrayed the state and be physically and mentally capable of carrying out their duties.
India
In India, a person is not eligible for the office of the president if they hold any office of profit under the government of India, state government, or any local government. However, specific office-holders, such as the current Vice President, Governor of any State, or a minister, are permitted to stand as presidential candidates.
These eligibility requirements ensure that candidates meet the necessary qualifications and provide an opportunity for citizens to know and understand the character, merits, and principles of the individuals aspiring to hold the nation's highest office.
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Frequently asked questions
Article II of the US Constitution outlines the powers of the president.
Article II gives the president the power to be Commander in Chief of the Army and Navy, and of the Militia of the several States. It also gives the president the power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. The president also has the authority to approve or veto legislation, and to appoint officers like the Secretary of State.
The US Constitution grants the president broad powers, but the legislature and judiciary have checks and balances on these powers. Each branch of the federal government has the ability to check the powers of the others.
Article II states that a person must be a natural-born citizen, at least 35 years old, and have been a resident in the US for at least 14 years to be eligible to become president.
