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.

The U.S. Constitution Article I

Article I of the U.S. Constitution is divided into ten sections of varying length.  This article establishes Congress, describes it, and identifies its powers.

Section 1
States that "all legislative powers" are granted to Congress, which is comprised of the House of Representatives and the Senate.

Section 2
Section 2 describes the the House of Representatives, the qualifications for election to that body, and

explains how representatives are apportioned to the states.  Members of the House (Representatives) are elected every 2 years, must be at least 25 years old, and are required to have been a citizen of the U.S. for at least seven years.  They must, at the time of their election, live in the state in which they were elected (but not the specific district).  Representatives are distributed (apportioned) to the states based on the population of each state - which is determined by the census.  Each state is guaranteed at least one member of the House of Representatives, regardless of population.

Note:  Members of the House generally represent a distinct geographical unit known as a Congressional District.  Once a state knows how many representatives it will have, the state is responsible for drawing these districts.  If there are changes, this process is generally referred to as "redistricting."

The House of Representatives is entitled to select its Speaker and other officers, and is given the "sole power of impeachment."

Note:  Impeachment is commonly misunderstood as the removing of a President from office.  It is not.  Impeachment is the bringing of formal charges against the President (or other federal officials) through a vote of the House.  Only a simple majority is required to achieve an impeachment.  Only two Presidents have ever been formally impeached by the House of Representatives:  Andrew Johnson and Bill Clinton.

Section 3
Section 3 describes the Senate, establishes the criteria for being a member of that body, and explains the selection process for Senators.  Each state has been allotted two senators, who are chosen every six years.

Note:  Unlike the House, only one-third of the Senate is elected every two years.  In addition, Members of the Senate were originally selected by the state legislatures.  State switched to popular elections of Senators after passage of the 17th Amendment.

Senators must be at least 30 years old, a citizen of the United States for at least nine years, and must, at the time of election, live in the state from which they are elected.

The Vice President of the United States is named as the President of the Senate.  However, the Vice President has no vote on legislation unless there is a tie.  The Senate is given authority to select a "President pro tempore" to serve when the Vice President is absent, and to select its other officers.

The Senate is given the "sole power" to try impeachment cases.  When the President of the U.S. is the subject of an impeachment trial, the Chief Justice of the Supreme Court is required to preside over the proceedings.  A vote for conviction must achieve two-thirds of the members present.

The punishment for conviction may not exceed removal of office and disqualification to hold any further office  under the United States.  However, an individual who has been convicted in an impeachment trial, is still subject to criminal prosecution.

Section 4
Section 4 grants state governments the authority to create the "times, places, and manner" of holding elections for Members of the House and Senate.  But Congress is granted the authority to alter these.

Section 5
Section 5 of the Article I grants each chamber the authority to:

• Certify the elections of its own members
• Determine its rules of proceedings
• Discipline its members (including the power to expel members)

 This section also requires both chambers to keep a journal of its proceedings and to publish that journal.  It prevents either chamber from adjourning for longer than three days without the consent of the other.  It also defines what constitutes a quorum for conducting business.

Section 6
Section 6 protects Members of Congress from arrest while in session, or while going or coming from

session.  It also protects them from "questioning" regarding their participation in a speech or debate in either chamber.

This section also authorizes the compensation of Members of Congress for their service.  In addition, it prohibits Members of Congress from simultaneously holding any other office under the U.S., or from accepting a newly created position, or one whose compensation was increased, during the time of their term.

Section 7
Section 7 of Article I outlines the process for a bill (proposed law) to become a law.  It must:

• Be passed by both the House and Senate
• Be signed by the President

If the president refuses to sign a bill passed by both the House and Senate, then they may override the president's veto by a two-thirds majority vote (each chamber must achieve a two-thirds majority).  If this is accomplished, the bill becomes law.  If a bill is not signed or vetoed by a president within ten days, it becomes law - unless Congress adjourns in that time span, then the bill does not become law.

This section also requires that all bill for "raising revenue" shall be initiated by the House of Representatives.

Section 8

Section 8 lists the "enumerated powers" (those powers specifically granted) of Congress.  The following is an abbreviated listing of those powers:

• To assess and collect taxes, duties imposts and excises (these must be uniform throughout the country)
• To provide for the common defense
• To provide for the general welfare of the nation
• To borrow money
• To regulate commerce with foreign nations, Indian Tribes, and among the states
• To create naturalization laws
• To create bankruptcy laws
• To coin money and regulate its value and to establish a "standard of weights & measures"
• To punish counterfeiting
• To establish post offices
• To authorize patents, copyrights, and trademarks
• To create federal courts (below the Supreme Court)\
• To define and punish piracy
• To declare war
• To raise armies and maintain a navy
• To make rules for the military
• To organize, arm, discipline, and utilize militias.
• To exercise exclusive authority over Washington, DC
• To make all laws "necessary and proper" for executing these powers (this is called the "Necessary & Proper" clause)

Section 9

Section 9 specifically bans certain powers from Congress.  Such unauthorized powers include:

• Suspending the writ of habeas corpus
• Authorizing bills of attainder or ex post facto laws
• Allowing states to tax one another's exported goods
• Spending money not appropriated by Congress 
• Issuing titles of nobility

Section 10

Section 10 specifically bans certain powers from being used by the state governments.  These include:

• Entering into treaties or alliances
• Coining money
• Passing Bills of attainder or ex post facto laws
• Failing to enforce contracts
• Granting titles of nobility
• Assess imposts or duties on imports or exports
• Engage in war (unless attacked)