Info Brief: A Walking Tour of Article II’s Text

Learn about the powers and responsibilities of the Executive Branch as listed in Article II.

Let’s begin—as we always do when interpreting the Constitution—with the Constitution’s text.

The Constitution sets up three branches of government. Article I establishes the national government’s legislative branch—Congress—which writes the laws. Article III sets up the nation’s court system—with the Supreme Court at the top—which interprets the laws. Article II establishes the national government’s executive branch.

With the new President, the Founding generation set out to establish a chief executive stronger than the weak Governors in charge of the states at the time, but weaker than a king.

Within the national government, the executive branch is responsible for enforcing the laws. We commonly think of the presidency as the most powerful elected office in all of the world. Yet, the Constitution actually grants far fewer explicit powers to the President in Article II than it does to the Congress in Article I.

Walkthrough of Article II

Now let's walk through Article II, section by section.

Section 1: Vesting Clause, Electoral College, and Presidential Eligibility

Article II, Section I, is long. Let’s take it one piece at a time.

“The executive Power shall be vested in a President of the United States of America… .”

This key text is known as the “Vesting Clause.” It establishes that the office of the presidency is occupied by a single person. Remember that under the Articles of Confederation, there was no separate executive branch. So, this was a big change! Now, executive power was held by a single President.

“…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…

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… 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…

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… .”

The beginning of this passage establishes that the President is elected to a four-year term.

The rest of this long passage creates the Electoral College—the process through which we select a President. We’ll focus on the Electoral College later in this Unit. But for now, remember that Article II requires that the President be selected by votes from the Electoral College, not from a national popular vote.

“… 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… .”

This part lays out the eligibility rules for the presidency. The President must be at least 35 years old when she takes office. But a president must also not only be a citizen, but a citizen who was born in the United States and has lived in the country for 14 years.

“…The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased 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… .”

This part makes sure that the President is financially independent from political influence from the other branches. The President must receive a salary, and Congress cannot raise or lower the salary for a sitting president.

Section 2: Commander-in-Chief and Treaty and Appointments Clauses

“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… .”

The first part of Section 2 is the Commander-in-Chief Clause, and it explains that the President leads the armed forces 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… .”

The next section specifies that the president can seek the advice of the officers in charge of different departments of the executive branch. This part also gives the president the power to pardon people convicted of federal crimes (except for impeachments).

“… 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… .”

These parts of Section 2 are the Treaty and Appointments Clauses. The Treaty Clause gives the President the power to negotiate and make treaties, though the Senate must approve them to put them into action. This part also gives the President the power to nominate ambassadors, Supreme Court justices, and all other officers of the United States—again, subject to approval by the Senate.

Section 3: State of the Union and Other Duties of the President

“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 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.”

You may know that the President gives an annual speech to Congress (called the State of the Union). You may not know that the President is actually required by the Constitution to provide this information—either through a speak or in writing. Article II, Section 3, specifies that this is one of the core duties of the presidency.

Section 3 also outlines other duties of the presidency, such as dealing with ambassadors of other nations. This part also includes the “Take Care Clause”—important text that explains the President’s responsibility to ensure that the laws are faithfully executed. This duty is at the core of the Founders’ vision of presidency—her responsibility to enforce the law.

Section 4: 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.”

Section 4 specifies the only reasons that a President can be impeached and removed from office: treason, bribery, and other high crimes and misdemeanors. Article I works together with Article II, Section 4, explaining that the House has the power to impeach the President, and the Senate has the power to try and remove an impeached President from office.

Conclusion

So that is A LOT. The Framers wrote this text in the summer of 1787 in Philadelphia. But there was a lot of debate over Article II—and, of course, compromise. Now that we’ve covered Article II’s text, let’s turn to the founding story.

How did we end up with Article II and this vision of the presidency? To answer this question, let’s return to the Constitutional Convention.

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