Click here to see Article 2 of the US Constitution.
Article II establishes the executive branch, which includes the President, Vice President, and other executive officers.
Introduction to Article II
Article II sets the rules for the federal executive branch, the part of government that carries out and enforces federal law.
Article II has four sections. Each section contains clauses about the President, the Vice President, and other executive officers.
Article 2, Section 1
Clause 1
Article 2, Section 1, Clause 1 specifies that a president will serve as head of the federal government’s executive branch, serving a 4-year term. Similarly, the vice-president will serve the federal government’s executive branch as vice president.
While there are no limitations on how many terms the president can serve in Article 2, the 22nd Amendment of the US Constitution, ratified in 1951, limits the president to two 4-year terms.
Clause 2
Article 2, Section 1, Clause 2 appoints electors from each State who will be directly responsible for selecting the United States president and vice president.
The number of electors from each state is equal to the number of representatives and senators apportioned to each state under the United States Constitution.
No elector may be a Senator, a Representative, or hold a federal office of trust or profit.
Clause 3
Article 2, Section 1, Clause 3 establishes the electors’ guidelines for selecting the President and vice president of the United States. Electors are directed to meet in their respective states and vote for two individuals, with at least one of the two being a resident of another state.
How are the President and Vice President chosen?
The votes will be delivered to the Senate President, who will count them in the Senate and House of Representative’s presence. The individual with the greatest amount will become President as long as the amount of votes received by them is at least a majority of the electors’ total amount.
The individual with the 2nd highest total will be the Vice President.
If more than one individual gets a majority of votes of the total number of electors, this will result in a tie. In that case, the House of Representatives will vote to determine the President.
If no individual gets a majority, then the House of Representatives will vote between the individuals with the five highest vote totals.
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In the House, each state delegation casts one vote. The House chooses the President from among the top candidates. Finally, if there is a tie for the 2nd highest vote total to determine the Vice President, the Senate will determine the winner in a vote.
This system often caused problems when rivals ended up as President and Vice President.
Fellow rivals and competitors for the presidency did not work well together in the same administration and respective offices in the United States early years.
As a result, the 12th Amendment of the United States Constitution was enacted in 1804, which altered the process in many ways, most notably separating the two assigned votes for the electors into two separate ballots, one for the President and one for the Vice President.
This eliminated the problem of two rival factions serving as President and Vice President.
Clause 4
Article 2, Section 1, Clause 4 gives Congress the authority to determine when an election is held and when the electors cast their votes for President.
These dates are uniform in every State of the US.
Clause 5
Article 2, Section 1, Clause 5 sets the qualifications for an individual to serve as President of the United States, namely that the individual is a natural-born citizen of the United States, over 35 years old, and a resident in the United States for at least 14 years.
Clause 6
Article 2, Section 1, Clause 6 specifies that the vice president will take over the president’s roles, responsibilities, and duties if the president is removed or can no longer serve.
The line of succession determines this.
Suppose the president and vice president are removed or can no longer serve in their roles. In that case, Congress has the authority to appoint a qualified individual to the vacancy of an acting president who will finish the term.
The 25th Amendment of the United States Constitution provides additional guidelines and procedures to clarify this clause’s ambiguous nature.
Clause 7
Article 2, Section 1, Clause 7 states that the President will receive a salary that will not be altered during their service term. They cannot accept any additional money on top of their compensation from the federal government or any state government.
Clause 8
Article 2, Section 1, Clause 8 requires the President-Elect to take an oath of office before assuming the presidency.
The pledge is:
“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.”
Article 2, Section 2
Clause 1
Role and Power of the President
Article 2, Section 2, Clause 1 establishes the President as the United States armed forces leader, specifically naming him Commander in Chief.
The clause also lets the President seek written opinions from department heads, and it grants the power to pardon offenses except in impeachment cases. This pardon power may not be used in impeachment cases. The exclusion of authority to grant a pardon in impeachment cases is due to added complications in the balance of power.
Clause 2
Constitutional Powers of the President
Article 2, Section 2, Clause 2 gives the President executive power to sign treaties on behalf of the United States with counsel from the Senate and at least two-thirds support.
Along with counsel and advice from the Senate, the President is given authority to appoint judges, ambassadors, and other public officials.
Congress may allow the President, the courts, or department heads to appoint inferior officers without Senate approval.
Clause 3
Article 2, Section 2, Clause 3 gives the President power to fill vacancies that arise when the Senate is in recess. This can be done without Senate approval.
These appointments expire at the end of Congress’s following session.
Article 2, Section 3
Specific Roles of the President
Article 2, Section 3 of the constitution specifies several other specific roles, responsibilities, and rights that the President has.
The President:
- is required to keep Congress informed about governmental affairs through regular State of the Union addresses
- can call either or both houses of Congress to a special session
- is responsible for receiving foreign ambassadors that come to the United States
- can make sure that all laws are executed faithfully while they are in the office
- can commission US officers if necessary
Article 2, Section 4
Section 4 of Article 2 allows for the removal from the Office of the President, Vice President, and any civil officer of the United States if they are impeached and then convicted of treason, bribery, or other high crimes and misdemeanors.
Presidents Andrew Johnson, Bill Clinton, and Donald Trump were impeached but acquitted by the Senate. Richard Nixon resigned before a vote.
No President has ever been removed by the Senate, though several federal judges have been impeached and removed.
| Article 2 of the US Constitution |
|---|
| Overview |
| Defines the executive branch of the federal government, which includes the President, Vice President, and other officials |
| Outlines the powers and responsibilities of the President |
| Establishes the process for electing the President and Vice President |
| Key Provisions |
| Section 1 |
| Establishes the office of the President and Vice President |
| Sets forth the qualifications for holding these offices |
| Provides for the Electoral College to elect the President and Vice President |
| Section 2 |
| Outlines the powers and duties of the President, including serving as commander-in-chief of the armed forces and making treaties with foreign nations |
| Requires the President to give an annual State of the Union address |
| Section 3 |
| Mandates that the President “take care that the laws be faithfully executed” |
| Grants the President the power to convene Congress |
| Section 4 |
| Allows for the impeachment and removal of the President and other officials for “high crimes and misdemeanors” |
Graphic Showing A Summary of Article 2 of the Constitution:
Article 2 of the Constitution outlines the executive branch of the US Government. It gives particular attention to the president and his/her powers and responsibilities.
As it can be difficult to understand, we have explained the text of the 2nd article in simple words – summarizing the main points.
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