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Article II - The Presidency
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Constitution Index
Section 1.
The executive power shall be vested in a President of the
United States of America. He shall hold his office during the
term of four years, and, together with the Vice President,
chosen for the same term, be elected, as follows:
Each state shall appoint, in such manner as the Legislature
thereof may direct, a number of electors, equal to the whole
number of Senators and Representatives to which the State may
be entitled in the Congress: but no Senator or Representative,
or person holding an office of trust or profit under the United
States, shall be appointed an elector.
The
electors shall meet in their respective states, and vote by
ballot for two persons, of whom one at least shall not be an
inhabitant of the same state with themselves. And they shall
make a list of all the persons voted for, and of the number of
votes for each; which list they shall sign and certify, and
transmit sealed to the seat of the government of the United
States, directed to the President of the Senate. The President
of the Senate shall, in the presence of the Senate and House of
Representatives, open all the certificates, and the votes shall
then be counted. The person having the greatest number of votes
shall be the President, if such number be a majority of the
whole number of electors appointed; and if there be more than
one who have such majority, and have an equal number of votes,
then the House of Representatives shall immediately choose by
ballot one of them for President; and if no person have a
majority, then from the five highest on the list the said House
shall in like manner choose the President. But in choosing the
President, the votes shall be taken by States, the
representation from each state having one vote; A quorum for
this purpose shall consist of a member or members from two
thirds of the states, and a majority of all the states shall be
necessary to a choice. In every case, after the choice of the
President, the person having the greatest number of votes of
the electors shall be the Vice President. But if there should
remain two or more who have equal votes, the Senate shall
choose from them by ballot the Vice President.
The Congress may determine the time of choosing the
electors, and the day on which they shall give their votes;
which day shall be the same throughout the United States.
No person except a natural born citizen, or a citizen of the
United States, at the time of the adoption of this
Constitution, shall be eligible to the office of President;
neither shall any person be eligible to that office who shall
not have attained to the age of thirty five years, and been
fourteen Years a resident within the United States.
In
case of the removal of the President from office, or of his
death, resignation, or inability to discharge the powers and
duties of the said office, the same shall devolve on the Vice
President, and the Congress may by law provide for the case of
removal, death, resignation or inability, both of the President
and Vice President, declaring what officer shall then act as
President, and such officer shall act accordingly, until the
disability be removed, or a President shall be elected.
The President shall, at stated times, receive for his
services, a compensation, which shall neither be increased nor
diminished during the period for which he shall have been
elected, and he shall not receive within that period any other
emolument from the United States, or any of them.
Before he enter on the execution of his office, he shall
take the following oath or affirmation:--"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."
Section 2.
The President shall be commander in chief of the Army and Navy
of the United States, and of the militia of the several states,
when called into the actual service of the United States; he
may require the opinion, in writing, of the principal officer
in each of the executive departments, upon any subject relating
to the duties of their respective offices, and he shall have
power to grant reprieves and pardons for offenses against the
United States, except in cases of impeachment.
He shall have power, by and with the advice and consent of
the Senate, to make treaties, provided two thirds of the
Senators present concur; and he shall nominate, and by and with
the advice and consent of the Senate, shall appoint
ambassadors, other public ministers and consuls, judges of the
Supreme Court, and all other officers of the United States,
whose appointments are not herein otherwise provided for, and
which shall be established by law: but the Congress may by law
vest the appointment of such inferior officers, as they think
proper, in the President alone, in the courts of law, or in the
heads of departments.
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.
Section 3.
He shall from time to time give to the Congress information of
the state of the union, and recommend to their consideration
such measures as he shall judge necessary and expedient; he
may, on extraordinary occasions, convene both Houses, or either
of them, and in case of disagreement between them, with respect
to the time of adjournment, he may adjourn them to such time as
he shall think proper; he shall receive ambassadors and other
public ministers; he shall take care that the laws be
faithfully executed, and shall commission all the officers of
the United States.
Section 4.
The President, Vice President and all civil officers of the
United States, shall be removed from office on impeachment for,
and conviction of, treason, bribery, or other high crimes and
misdemeanors.
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