Article II - The Executive Branch

Article II of the U.S. Constitution creates the "executive power" of the United States and places that power in the President.

Section 1
This section establishes the term of office for a president as four years.  It also establishes the qualifications for any person seeking to become president.  They must:

• Be a "natural born citizen"
• Be at least 35 years old
• Have been a resident of the U.S. for at least 14 years

In addition, Section 1 also creates the mechanism of the Electoral College (although this term is not used in the actual text of the Constitution).  Each state is granted a number of "electors" equal to the number of senators and representatives that state has.  These electors are required to vote for two individuals, who are not from the same state, for president and vice-president.  These votes are transmitted to the president of the Senate, who will open them and make an official count and declare the winner of the election.  If no candidate has a majority of votes from the electoral college, the House of Representatives will convene to vote on who will become president.

Note:  Originally, the person receiving the second highest number of electoral votes would become the vice-president.  This system was changed by the 12th Amendment, which requires distinct votes for President and Vice President.  It is important to understand that the Electoral College system is a representative system.  Voters choose a smaller group who will then decide who will become president.  Because the votes are collected on a state-by-state basis, it is possible to have a president who wins the electoral vote, but who did not win the popular vote.  It is also important to realize that a "majority" (50% + 1) of the electoral vote is required, not simply a plurality (having more votes than any other candidate, but less than a majority of the total votes cast.

Section 1 grants Congress the ability to determine the date electors will cast their votes.  It also provides a process for succession of a president (however, this was modified by the 25th Amendment).  It requires that the president be compensated for their service, but prevents that compensation from being adjusted during the time a president has been elected to serve.  It also creates the Oath of Office for the president.

Section 2
Section 2 outlines the powers of the President.  In addition to being named Commander-in-Chief of the

military forces, the president is granted the ability to oversee the departments of the executive branch (requiring written reports from the "principal officers" of each department), and he is given the ability to grant pardons and reprieves for offenses against the United States (except in cases of impeachment).

Two powers that are granted to the president are shared with the Senate:

• The power to make treaties - While the president is given the power to "make treaties," all treaties must be approved by the Senate by a two-thirds vote.
• Nomination of federal officials - Ambassadors, judges, and cabinet secretaries (what the Constitution refers to as "principal officers of the executive branch") are nominated by the president.  However they must be confirmed by the Senate before assuming their positions.

Note:  The Constitution does not require that the Senate approve any nomination made by a president.  The requirement is that before a nominee can accept that position, they have to be approved by the Senate.  This has caused friction between various presidents and the Senate, especially when the a nominee is rejected, or when a president doesn't feel the Senate is moving quickly enough on presidential nominees (which is quite often).  But the Senate has no Constitutionally mandated time frame in which to consider nominees.  The president may make "recess" appointments - appoint officials to certain positions when Congress is not in session.  But these are supposed to be temporary appointments that expire at the end of the next legislative session.

Section 3

Article 1, Section 3 requires the president to provide information pertaining to the "state of the union" to Congress "from time to time," as well as to make policy recommendations.  It also grants the president the power to convene both houses of Congress, or either house.  It also allows the president to adjourn Congress if the House and Senate cannot agree on a date/time of adjournment.

Note:  This is where the "State of the Union Address" comes from.  However, there is no requirement that this be delivered annually, or even regularly.  Just "from time to time."    

This section also establishes the president as the head-of-state by granting them the right to "receive

Ambassadors and other public ministers."  It requires the president to ensure the laws of the United States are "faithfully executed," and assigns the president the responsibility for commissioning officers of the U.S.  

Section 4                                                                                                                  

Section 4 establishes the criteria for which a president can be removed from office:  treason, bribery, high crimes or misdemeanors.