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article 2 section 2 of the constitution

Article II, Section 1, Clause 2 and the Campaign for a National Popular Vote. Article II, Section 1, Clause 2 of the U.S. Constitution opens by saying: “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors.” Full Text James W. Ceaser Professor of Politics at the University of Virginia. Article 2 of the United States Constitution is the section that makes the executive branch of the government. The Executive branch of the government is the branch that has the responsibility and authority for the administration throughout the day of the state. Article 2 Section 4 of the United States Constitution. Article 2 - The Executive Branch Section 4 - Disqualification >. 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. >.


Article II Section 4 - Impeachment


Article Two of the Article 2 section 2 of the constitution States Constitution establishes the executive branch of the federal governmentwhich carries out and enforces federal laws. Article Two vests the power of the executive branch in the office of the president of article 2 section 2 of the constitution United Stateslays out the procedures for electing and removing the president, and establishes the president's powers and responsibilities.

Section 1 of Article Two establishes the positions of the president and the vice president, and sets the term of both offices at four years.

Section 1's Vesting Clause declares that the executive power of the federal government is vested in the president and, along with the Vesting Clauses of Article One and Article Threearticle 2 section 2 of the constitution, establishes the separation of powers among the three branches of government. Section 1 also establishes the Electoral Collegethe body charged with electing the president and the vice president. Section 1 provides that each state chooses members of the Electoral College in a manner directed by each state's respective legislature, with the states granted electors equal to their combined representation in both houses of Congress.

Section 1 lays out the procedures of the Electoral College and requires the House of Representatives to hold a contingent election to select the president if no individual wins a majority of the electoral vote. Section 1 also sets forth the eligibility requirements for the office of the president, provides procedures in case of a presidential vacancy, and requires the president to take an oath of office.

Section 2 of Article Two lays out the powers of the presidency, establishing that the president serves as the commander-in-chief of the military and has the power to grant pardons and require the "principal officer" of any executive department to tender advice.

Though not required by Article Two, President George Washington organized the principal officers of the executive departments into the Cabineta practice that subsequent presidents have followed. The Treaty Clause grants the president the power to enter into treaties with the approval of two-thirds of the Senate.

The Appointments Clause grants the president the power to appoint judges and public officials subject to the advice and consent of the Senate, which in practice has meant that presidential appointees must be confirmed by a majority vote in the Senate.

The Appointments Clause also establishes that Congress can, by law, allow the president, the courts, or the heads of departments to appoint "inferior officers" without requiring the advice and consent of the Senate. The final clause of Section 2 grants the president the power to make recess appointments to fill vacancies that occur when the Senate is in recess.

Section 3 of Article Two lays out the responsibilities of the president, granting the president the power to convene both houses of Congress, receive foreign representatives, and commission all federal officers. Section 3 requires the president to inform Congress of the "state of the union"; since this has taken the form of a speech referred to as the State of the Union. Section 4 of Article Two establishes that the president and other officers can be removed from office through the impeachment process, article 2 section 2 of the constitution, which is further described in Article One.

He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, article 2 section 2 of the constitution, as follows [1].

Section 1 begins with a vesting article 2 section 2 of the constitution that confers federal executive power upon the president.

The former article 2 section 2 of the constitution federal legislative power exclusively to Congress, and the latter grants judicial power solely to the Supreme Court, and other federal courts established by law. These three articles create a separation of powers among the three branches of the federal government.

In addition to separation of powers and equally important to limited government, each independent and sovereign branch also provides checks and balances on the operation and power of the other two branches. The president's executive power is subject to two important limitations. First, the president lacks executive authority explicitly granted to Congress.

Hence the president cannot declare war, grant letters of marque and reprisalor regulate commerce, even though executives had often wielded such authority in the past. In these instances, Congress retained portions of the executive power that the Continental Congress had wielded under the Articles of Confederation.

In fact, because those actions require legislation passed by Congress which must be signed by the president to take effect, article 2 section 2 of the constitution, those powers are not strictly executive powers granted to or retained by Congress per se.

Nor were they retained by the U. Congress as leftovers from the Articles of Confederation. The Articles of Confederation, Continental Congress and its powers were abolished at the time the new U.

Congress was seated and the new federal government formally and officially replaced its interim predecessor. And although the president is implicitly denied the power to unilaterally declare war, a declaration of war is not in and of itself a vehicle of executive power since it is literally just a public declaration that the U. Regardless of the inability to declare war, the president does have the power to unilaterally order military action in defense of the United States pursuant to "a national emergency created by attack upon the United States, its territories or possessions, or its armed forces".

Once proper legal notification is given to the required members of Congress, military action can continue for up to 60 days without further authorization from Congress, or up to 90 days if the president "determines and certifies to the Congress in writing that unavoidable military necessity respecting the safety of United States Armed Forces requires the continued use of such armed forces in the course of bringing about a prompt removal of such forces.

Second, specific constitutional provisions may check customary executive authority. Notwithstanding their executive power, the president cannot make treaties or appointments without the advice and consent of the Senate. Likewise, article 2 section 2 of the constitution, the president's pardon power is limited to offenses against the United States federal crimes and does not extend to impeachments or violations article 2 section 2 of the constitution state law.

However, article 2 section 2 of the constitution, the president does determine and decide U. Additionally, since official treaties are specifically created under and by constitutional U. As far as presidential appointments, as with treaties a person is not officially and legally appointed to a position until their appointment is approved by the Senate.

Prior to Senate approval and publication of that approval along article 2 section 2 of the constitution an official date and time for their swearing-in and assumption of duties and responsibilities, they are nominees rather than appointees. And again, the president nominates people for specific positions at their pleasure and can do so without or in spite of Senate advice. Senate consent occurs when a majority of senators votes to approve and therefore appoint a nominee.

The head of the Executive Branch is the president. Although also named in this first clause, the vice president is not constitutionally vested with any executive power. Nonetheless, the Constitution dictates that the president and vice president are to be elected at the same time, for the same term, and by the same constituency, article 2 section 2 of the constitution. The framers' intent was to preserve the independence of the executive branch should the person who was vice president succeed to the duties of the presidency.

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, article 2 section 2 of the constitution.

Under the U. Constitution the president and vice president are chosen by electorsunder a constitutional grant of authority delegated to the legislatures of the several states. The Constitution reserves the choice of the precise manner for creating electors to the will of the state legislatures. It does not define or delimit what process a state legislature may use to create its state college of electors.

In practice, the state legislatures have generally chosen to create electors through an indirect popular vote, since the s. Most states have a "winner-take-all" system in which the candidate with the most votes in the state gets all the electoral votes. In an indirect popular vote, article 2 section 2 of the constitution, it is the names of the candidates who are on the ballot to be elected.

Most states do not put the names of the electors on the ballot. The actual electors being voted for are usually selected by the candidate's party. There are a few cases where some electors have refused to vote for the designated candidate. See "Faithless Elector". Many states have mandated in law that electors shall cast their electoral college ballot for the designated presidential candidate. Each state chooses as many electors as it has representatives and senators representing it in Congress.

Under the 23rd Amendmentthe District of Columbia may choose no more electors than the state with the lowest number of electoral votes in effect, three electorsalthough since that amendment's ratification the District's population has never reached the threshold that would otherwise entitle it to choose four or more electors.

While senators, representatives and federal officers are barred from becoming electors, in practice the two major federal parties frequently select senior officials at the state level up to and including governors to serve as electors.

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 [ sic ] 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 [ sic ] the President.

But in chusing [ sic ] 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.

But if there should remain two or more who have equal Votes, the Senate shall chuse [ sic ] from them by Ballot the Vice President. Note: This procedure was changed by the 12th Amendment in In modern practice, each state chooses its electors in popular elections. Once chosen, the electors meet in their respective states to cast ballots for the president and vice president.

Originally, each elector cast two votes for president; at least one of the individuals voted for had to be from a state different from the elector's. The individual with the majority of votes became president, and the runner-up became vice president. In case of a tie between candidates who received votes from a majority of electors, the House of Representatives would choose one of the tied candidates; if no person received a majority, then the House could again choose one of the article 2 section 2 of the constitution with the greatest number of votes.

When the House voted, each state delegation cast one vote, and the vote of a majority of states was necessary to choose a president. If second-place candidates were tied, then the Senate broke the tie. A quorum in the House consisted of at least one member from two-thirds of the state delegations; there was no special quorum for the Senate.

This procedure was followed in after the electoral vote produced a tie, and nearly resulted in a deadlock in the House. While the Constitution reflects the Framers' clear preference for the president to be elected by a constituency independent of the Congress, one of the most palpable limitations created by the stipulation that electors meet in their respective states as opposed to a single venue was that given the constraints of eighteenth-century technology there was no practical means for that constituency to resolve deadlocked elections in a timely manner, thus necessitating the involvement of Congress in resolving deadlocked elections.

Obviously, having the electors meet in the national capital or some other single venue could have permitted the electors to choose a president by means of an exhaustive ballot without Congressional involvement, but the Framers were dissuaded from such an arrangement by two major considerations. First, it would have been quite burdensome for electors from distant states to travel to the national capital using eighteenth century means for the sole purpose of electing the president — since they were to be barred from simultaneously serving in the federal government in any other capacity, electors would likely have no other reason to go there.

But probably even more importantly, many Framers genuinely feared article 2 section 2 of the constitution if the electors met in a single venue, especially under the initial assumption that they would act independently as opposed to being bound to vote for particular candidates, they would be vulnerable to the influence of mobs who might try to ensure a particular result by means of threats and intimidation — this had been a fairly common occurrence in European elections for powerful officials by relatively small constituencies for example, and perhaps in particular, in papal elections from the Middle Ages up to the Constitution's creation.

The 12th Amendment introduced a number of important changes to the procedure. Now, electors do not cast two votes for president; rather, they cast one vote for president and another for vice president. In case no presidential candidate receives a majority, the House chooses from the top three not five, as before the 12th Amendment. The Amendment also requires the Senate to choose the vice president from those with the two highest figures if no vice presidential candidate receives a majority of electoral votes rather than only if there's a tie for second for president.

It also stipulates that to be the vice president, a person must be qualified to be the president. The Congress may determine the Time of chusing [ sic ] the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

Congress sets a national Election Day. Currently, electors are chosen on the Tuesday following the first Monday in November the first Tuesday after November 1in the year before the president's term is to expire. The electors cast their votes on the Monday following the second Wednesday in December the first Monday after December 12 of that year.

Thereafter, the votes are opened and counted by the vice president, as president of the Senatearticle 2 section 2 of the constitution, in a joint session of Congress.

Section 1 of Article Two of the United States Constitution sets forth the eligibility requirements for serving as president of the United States:. No Person except a natural born Citizen, or a Citizen article 2 section 2 of the constitution 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.

At the time the president takes office they must be:. A person who meets the above qualifications, may still be constitutionally disqualified from holding the office of president under any of the following conditions:, article 2 section 2 of the constitution.

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.

Note: This clause was partially superseded by the 25th Amendment in

 

U.S. Constitution - Article 2 Section 2 - The U.S. Constitution Online - zblukreview.gq

 

article 2 section 2 of the constitution

 

Article 2 of the United States Constitution is the section that makes the executive branch of the government. The Executive branch of the government is the branch that has the responsibility and authority for the administration throughout the day of the state. Shmoop: US Constitution Article 2, Section 2 summary. Analysis of Article 2, Section 2 by PhD and Masters students from Stanford, Harvard, Berkeley. Article II, Section 1, Clause 2 and the Campaign for a National Popular Vote. Article II, Section 1, Clause 2 of the U.S. Constitution opens by saying: “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors.” Full Text James W. Ceaser Professor of Politics at the University of Virginia.