U.S. Constitution, Annotated

Read the Preamble to the Constitution and the associated annotations.

ARTICLE II.

Section 1.

THE EXECUTIVE BRANCH

(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

(2) 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.

Commentary:  This section establishes the Electoral College, a group of people chosen in each state in a manner that the state legislature decides. All states now provide that the voters choose these electors.  These electors, in turn,  elect the President and Vice President.

(3) [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 chuse 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 chuse the President. But in chusing 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 chuse from them by Ballot the Vice President.]

Commentary:  The 12th Amendment changed this procedure for electing the President and Vice President.

(4) The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

(5) 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.

(6) 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.

Commentary:  On August 9, 1974, President Richard M. Nixon resigned as Chief Executive and was succeeded by Vice President Gerald R. Ford.  Until then, only death had ever cut short the term of a President of the United States.  The 25th Amendment provides that the Vice President succeeds to the presidency if the President becomes disabled, and specifies the conditions applying to succession.

(7) 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.

Commentary:  The Constitution made it possible for a poor person to become President by providing a salary for that office. The President's salary cannot be raised or lowered during his or her term of office.  The Chief Executive may not receive any other pay from the federal government or the states, but of course, is provided with many services.

(8) 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."

Commentary:  The Constitution does not say who shall administer the oath to the newly elected President.  President George Washington was sworn in by Robert R. Livingston, then a state official in New York.  After that, it became customary for the Chief Justice of the United States to administer the oath. Calvin Coolidge was sworn in by his father, a justice of the peace, at his home in Vermont.  Coolidge took the oath again before Justice Adolph A. Hoehling of the Supreme Court of the District of Columbia.

Article II
Section. 2.

(1) 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 Offences against the United States, except in Cases of Impeachment.

Commentary:  The President's powers as Commander-in-Chief are far-reaching.  But even in wartime, the President must obey the law of the land.

(2) 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.

Commentary:  The framers of the Constitution intended that in some matters, the Senate should serve as an advisory body for the President, somewhat as the House of Lords advised the monarch in Great Britain.

The President can make treaties and appoint various government officials.  But two-thirds of the Senators present must approve before a treaty is confirmed.  Also, high appointments require the approval of more than half the Senators present.

(3) 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.

Commentary:  When the Senate is not in session, the President can make temporary appointments to offices that require Senate confirmation.

Article II
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.

Commentary:  The President gives a State of the Union message to Congress each year.  Presidents George Washington and John Adams delivered their messages in person.  For more than 100 years after that, most Presidents sent a written message, which was read in Congress.  President Woodrow Wilson delivered his message in person, as did Franklin D. Roosevelt and all Presidents after Roosevelt.  Famous messages to Congress include the Monroe Doctrine and President Wilson's "Fourteen Points".

During the 1800s, Presidents often called Congress into session.  Today, Congress is in session most of the time.  No President has ever had to adjourn Congress.

The responsibility to "take care that the laws be faithfully executed" puts the President at the head of law enforcement for the national government.  Every federal official, civilian or military, gets his or her authority from the President.

Article II
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.