The Election & Powers of the US President
Article II of the US Constitution, an Overview
Jul 2, 2009
Article II outlines term of office, the selection, the qualifications, the oath, the powers of appointment, the responsibilities and provisions for impeachment. This is all done in about 1,000 words. The Constitution is a document of economy.
The President’s power to approve or veto laws passed by Congress is defined in Article I, Section 7. Article I primarily addresses Congress and how laws are passed.
Creation of the Office of the President
Article II’s first section starts out simply. “The executive power shall be vested in a President of the United States of America.” Those words created what became the most powerful office in history. The next sentence provides a four year term for the President and Vice-President. Section 1 defines the election process, qualifications, succession, oath of office and impeachment.
The Electoral College
Section 1 created the Electoral College. Its members actually elect the President. Each state has electors equal to the number of its Senators and Representatives.
In 1788, in most states people did not vote for President, rather the state legislatures selected electors, who then cast the Presidential votes. By 1832, all states except South Carolina provided that the electors be chosen by popular vote. The Constitution leaves to the states the authority to determine how electors are chosen.
Originally, the person with the second highest electoral vote became Vice-President. In 1804 Twelfth Amendment was ratified mandating a separate vote for Vice-President. This was because in 1796 and 1800, the system had selected rivals for the two top offices, making it difficult for them to work together.
The Electoral College is much debated, since one may lose the national popular vote and become President. That happened in 1876, 1888 and 2000. The term “Electoral College” appears nowhere in the Constitution.
Qualifications, Succession, & Oath of Office
There are three Presidential Constitutional qualifications. An individual must be:
- A natural born citizen of the United States
- Thirty-five years of age
- Fourteen years a resident of the United States
The Constitution provided for the Vice-President to acquire Presidential powers in the case of death, removal or disability. No provision existed to fill a Vice-Presidential vacancy. In 1967 the Twenty-Fifth Amendment allowed a President to appoint a new Vice-President with majority approval of Congress. This Amendment established a process to deal with Presidential disabilities.
The President’s assumption of office begins with this solemn oath: "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."
The Commander in Chief, The Chief Executive, The Head of State & The Pardon Power
Article II, Section 2 delineates Presidential authority and confers the title of military Commander in Chief. Due to this title the President is known as the world’s most powerful leader, as he commands history’s most dominant military. Section 2 provides much more.
The President’s executive authority comes from the fact that, with the consent of the Senate he appoints: “ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States”. These officials owe their jobs to the President and so will follow his direction (except judges, who have lifetime appointments).
The President represents the United States to other nations. This is not just ceremonial, but is practical, since the Constitution grants the power to negotiate treaties, with Senate approval.
The President has powers literally of life, death and freedom. This is the pardon power. The President can call off an execution or free someone from prison with the stroke of a pen.
The State of the Union & Faithful Execution of the Law
The President’s annual address to a joint session of Congress to discuss what is happening in the country fulfills a constitutional obligation in Article II, Section 3. The Constitution requires that: “He shall from time to time give to the Congress information of the state of the union …”
While the President is granted great authority, ultimately the Constitution’s command is simple: “he shall take care that the laws be faithfully executed …”
Removal from office by Impeachment
The simplicity of Article II, Section 4 has caused much difficulty. “The President … shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.” Legal scholars have debated as to what is a high crime or misdemeanor. As a practical matter, those offenses amount to any conduct that is agreed upon by a majority of the House of Representatives and two-thirds of the Senate.
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