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United States Constitution: Article 2. The Executive Branch

The Constitution Explained

Executing the Law

ARTICLE 2

Article 2 covers the Executive Branch of the national government of the United States. This is the branch of the government that enforces the laws Congress passes. It consists of the President, the Vice President and those offices that answer to the President or the Independent Agencies whose leaders the President appoints.

Article 2 Section 1. "The executive Power shall be vested in a President of the United States of America."

Section 1. Overview

         Photograph: Youngest President Theodore Roosevelt, 42               Photograph: Joe Biden    

                Public Domain.                                          Public Domain
    Youngest President to take office                Oldest President to take office
            Theodore Roosevelt, 42                                  Joe Biden, 78

QUALIFICATIONS OF THE PRESIDENT AND VICE PRESIDENT

  • Serve four year terms,
  • Have to be a U.S. Citizen,
  • Must be thirty-five years old,
  • Lived in the United States for at least fourteen years.
HOW THE PRESIDENT AND VICE PRESIDENT IS ELECTED
The points in red were changed by the 12th Amendment.
  • Special Electors from each State elect the President and Vice President.
  • Each Elector will  vote for two candidates on one ballot.
  • At least one of the candidates must be from a different state.
  • The one with the most votes will be President.
  • The one with the second highest number of votes becomes Vice President.
  • If there is a tie, the Senate will choose one of them to be Vice President.
PRESIDENTIAL SUCCESSION
  • If the President is unable to perform the job, the authority and responsibilities will be given to the Vice President.
  • The 20th and 25th Amendments dictated new specifics and clarifications of Presidential succession.
PRESIDENTIAL COMPENSATION
  • The President is paid a predetermined salary that won't change during their time in office.
  • The President cannot receive any additional income from the U.S. government or the states during their time of office.
PRESIDENTIAL 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." --United States Constitution

Section 2. What the President can do

  • Commander-in-Chief of the Army and Navy,
  • And of the National Guard when called into the service of the United States;
  • Ask for written opinions of the heads of the execution departments when it relates to their departments;
  • Pardon people for federal crimes, except for impeachment;
  • Make treaties if two-thirds of the Senate agree;
  • Appoint ambassadors, Supreme Court justices and ambassadors with the Senate's approval;
  • Congress can decide who can appoint lesser officials;
  • The President can temporarily fill vacancies if the Senate is not in session.

Section 3. The President's Duties

  • A State of the Union address from time to time;
  • Recommend laws and measures to Congress;
  • Call Congress into Special Session;
  • If the House and the Senate can't agree on a time to adjourn, the President will decide when they'll adjourn;
  • Receive ambassador and other public ministers
    • the President' is chief diplomat of the United States,
    • he alone represents the country when dealing with foreign powers
    • (other nations are not allowed to lobby Congress),
    • he recognizes foreign governments;
  • To enforce the law;
  • Shall commission all the Officers of the United States
    • The Supreme Court ruled in Myers v United States (1926) that, in order to enforce the law, the President has the power to remove officials.

Section 4. Removing the President (and other Federal Officials) from Office

Photograph: Andrew Johnson

Photograph by Matthew Brady Public Domain

THE IMPEACHMENT CLAUSE

"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." --United States Constitution

PRESIDENTS IMPEACHED BY THE HOUSE OF REPRESENTATIVES
  • Andrew Johnson (1865-1969), impeached once.
  • Bill Clinton (1993-2000), impeached once.
  • Donald J. Trump (2017-2020), impeached twice.
PRESIDENTS REMOVED FROM OFFICE
  • No President has been removed from Office by the United States Senate.
PRESIDENTS RESIGNED FROM OFFICE DUE TO IMPEACHMENT PROCEEDINGS
  • Richard Nixon (1969-1974
NUMBER OF FEDERAL OFFICIALS IMPEACHED
  • 20 Impeached by the U.S. House of Representatives (including the three Presidents above).
  • 8 Found guilty by the U.S. Senate.

Source: U.S. House of Representatives.

Five Greatest Presidents

Movies about Presidents

Books about the Presidents

Presidential Benefits 2021

Photograph: The White House

The White House, the President's home
Photograph Public Domain US Government

  • Salary: $400,000 a year.
  • Expenses: $50,000 a year.
  • Redecorating: $100,000.
  • Access to the White House garden of fresh fruits and vegetables.
  • An executive chef and an executive pastry chef.
  • A White House staff of maids, cooks, a plumber, a florist, and a head housekeeper.
  • Leisure activities in a bowling alley, billiard room, a swimming pool, tennis courts, a putting green, and a basketball court.
  • A 51-seat movie theater.
  • A country home at Camp David.
  • His own airplane, Air Force One.
  • A helicopter, Marine One.
  • Fully protected 24/7, even in retirement.
  • An armored carrier called "The Beast."
  • A 60,000-square-foot guest house.
  • Premier health insurance.
  • A hefty pension.
  • Former presidents also get a vacation budget.
  • A state funeral.

Source: Business Insider

10 Popular Executive Branch Websites

  1. The White House: The President's website.
  2. USDA Dietary Guidelines for Americans: Includes The Food Pyramid
  3. Federal Student Aid
  4. HealthCare.gov: Information on healthcare and health insurance.
  5. Internal Revenue Service
  6. NASA
  7. National Oceanic and Atmospheric Administration: all things weather and climate
  8. U.S. Passport Services
  9. USA Jobs: The Federal Government's employment site
  10. Veterans Administration

Growth of the Executive Branch: Cabinet Officers

According to the White House website, "The Cabinet’s role is to advise the President on any subject he or she may require relating to the duties of each member’s respective office."

PRESIDENT GEORGE WASHINGTON'S FIRST CABINET (AND CREATION DATES)

Source: Mount Vernon.org

PRESIDENT JOE BIDEN'S CABINET (AND CREATION DATES)

Source: The White House