Isabella Carter
Article II of the United States Constitution outlines the powers given to the executive branch, specifically the role of the President. It establishes the Executive Vesting Clause, which states that federal executive power is vested in the President, and outlines the President's duties and powers, such as their commander-in-chief authority, the power to grant pardons, and their ability to fill vacancies. It also includes the requirements to become President, such as being a natural-born citizen and at least 35 years old, and outlines the election process.
| Characteristics | Values |
|---|---|
| Article of the Constitution | II |
| Branch of the US Government | Executive |
| Powers | Commander-in-Chief of the Army, Navy, and Militia of the US; requiring written opinions from the heads of executive departments; granting reprieves and pardons for offences against the US; filling vacancies and granting commissions; receiving ambassadors and other public ministers; ensuring laws are faithfully executed; appointing officers; etc. |
| Requirements to Become President | Being at least 35 years old and a natural-born citizen of the US |
| Oath of Office | "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." |
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What You'll Learn
The President's role as Commander-in-Chief
Article II of the United States Constitution outlines the powers given to the executive branch of the federal government. It establishes the role of the President, including the requirements to become President, the process for electing the President, and the President's powers. One of the most important roles of the President is that of Commander-in-Chief.
The President's power as Commander-in-Chief has long been debated. While the President has the authority to direct the armed forces, the power to initiate war is vested exclusively in Congress. The legislative branch is the only branch that can declare war, and Congress has control over funding and raising armies. These act as checks and balances on the President's broad powers. The President's role as Commander-in-Chief also extends to foreign relations. The President holds prime responsibility for conducting foreign relations and is the only official with the power to speak or listen as a representative of the nation.
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The President's power to grant pardons
Article II of the United States Constitution outlines the powers given to the executive branch, including the President's power. It establishes the Executive Vesting Clause, which provides that the federal executive power is vested in the President.
The President of the United States has the power to grant reprieves and pardons for offences against the country. This power is outlined in Article II, Section 2, Clause 1 of the Constitution, which states that the President "shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment".
The President's pardon power is one of the least discussed and used tools in their arsenal. Grants of clemency have drastically declined in recent years, with only 1.5% of the over 9,000 petitions for clemency received by the Biden administration being granted.
Despite the broad power granted to the President, there are some limitations and checks on their pardon power. The legislative and judicial branches act as checks on the President's power, and each branch has a role in checking abuses of the pardon power. The President cannot pardon cases of impeachment, and there are certain constitutional provisions and principles that pardons would violate, posing threats to the rule of law.
The delegation of authority to agency officials within the Department of Justice has caused a conflict of interest and a decrease in the quantity and quality of pardons granted. This has resulted in an abdication of the President's power to check the legislative and judicial branches in their passage and application of criminal law.
The power to grant pardons was not heavily debated during the creation of the Constitution, with Alexander Hamilton advocating for broad presidential discretion in granting pardons, subject to very few limitations.
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The President's authority over foreign affairs
The Supreme Court has weighed in on the President's foreign affairs powers in several cases. In United States v. Curtiss-Wright Export Corporation (1936), the Court upheld the President's powers, with Justice Sutherland stating that the President could make decisions not explicitly authorized by Congress. In Loving v. United States (1996), the Court found that the President, as Commander-in-Chief, had the authority to superintend the military, with interlinked powers between Congress and the President in this regard.
The Zivotofsky case in 2015 addressed the recognition power, with the Court holding that the Executive retains exclusive authority over the recognition of foreign sovereigns, but not endorsing broader claims of exclusive presidential authority in foreign relations. The case also highlighted the role of Congress in foreign relations, including in commerce, naturalization, declaring war, and approving treaties and ambassadors.
The extent of the President's foreign affairs powers continues to be relevant, impacting the Executive Branch's overseas activities such as setting tariff rates and funding decisions for foreign aid.
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The President's ability to fill vacancies
Article II of the United States Constitution outlines the powers given to the executive branch, including the President's powers. The President's ability to fill vacancies is outlined in Article II, Section 2, Clause 2, which is often referred to as the Appointments Clause. This clause grants the President the power to fill up all vacancies that may happen during the recess of the Senate by granting commissions, which shall expire at the end of their next session. This is a power that the President shares with Congress.
The Appointments Clause states that the President "shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session." This means that if a position becomes vacant while the Senate is not in session, the President can temporarily fill that vacancy by appointing someone to the position. The appointed individual holds that position until the end of the next Senate session, at which point the Senate would vote on whether to confirm them for a full term.
The Twenty-Fifth Amendment also outlines a process for addressing situations in which the President is unable to discharge their powers and duties. If the President transmits a written declaration of their inability to the President pro tempore of the Senate and the Speaker of the House of Representatives, the Vice President becomes the Acting President and assumes the powers and duties of the office. The President can later resume their powers and duties by transmitting a written declaration that their inability no longer exists. However, if the Vice President and a majority of the principal officers of the executive department disagree and declare that the President is still unable, Congress will make the final decision within twenty-one days.
While Article II grants the President significant powers, including the ability to fill vacancies, it is important to note that the Constitution also provides checks and balances on these powers through the legislature and judiciary. The Framers of the Constitution were cautious about giving too much power to the executive branch, aiming to prevent the tyranny experienced under the British monarchy.
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The President's duty to execute laws
Article II, Section 3 of the US Constitution outlines several presidential duties, including the President's duty to execute laws. This is known as the Take Care Clause, which states that the President "shall take Care that the Laws be faithfully executed".
The interpretation and application of the Take Care Clause have been the subject of extensive debate and litigation. One key question is whether the President must enforce laws they believe to be unconstitutional. Some scholars argue that the President must enforce all congressional laws, regardless of their personal constitutional opinions. However, some modern Presidents have selectively enforced laws, claiming that certain enactments are not true "laws" subject to the faithful execution duty.
The Supreme Court has also recognised that officials appointed by the President, including those within the Executive Branch, may exercise quasi-legislative or quasi-judicial powers. This further complicates the understanding of the President's duty to execute laws, as it introduces a level of delegated authority and shared responsibility.
Additionally, the creation of independent agencies by Congress has been seen as a challenge to the President's executive power. These agencies, designed to operate with limited executive influence, execute federal laws and investigate and prosecute violations. This dynamic has raised questions about the President's ability to judge the faithful execution of laws and the potential infringement on their constitutional authority.
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Frequently asked questions
Article II of the US Constitution outlines the powers given to the executive branch.
Article II states that the President shall "take Care that the Laws be faithfully executed". This means that the President has the power to enforce laws and appoint agents to carry out this enforcement.
Article II grants the President the power to act as Commander-in-Chief of the armed forces, require written opinions from the heads of executive departments, grant reprieves and pardons (except in cases of impeachment), and fill vacancies during the recess of the Senate. The President also has the authority to make treaties, appoint officers, and receive ambassadors.
While Article II grants the President broad powers, the legislature and judiciary have checks and balances in place. For example, only the legislative branch can declare war, and Congress controls funding and raising armies. The judicial branch can also review the President's actions to determine if they are within the powers outlined in the Constitution.
The Constitution allows for the involuntary removal of the President through impeachment by the House of Representatives and conviction by the Senate. The President can also be removed from office for treason, bribery, or other high crimes and misdemeanors.
