U.S. Constitution - Article II
Article II
Section 1. The executive power
shall be vested in a President of the United States of America. 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: but no Senator or Representative, or person holding an
office of trust or profit under the United States, shall be appointed
an elector.
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 choose 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 choose the
President. But in choosing 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. In every case, after the choice of the President, the person
having the greatest number of votes of the electors shall be the Vice
President. But if there should remain two or more who have equal
votes, the Senate shall choose from them by ballot the Vice
President.
The Congress may determine the time of choosing the electors, and
the day on which they shall give their votes; which day shall be the
same throughout the United States.
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.
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.
The President shall, at stated times, receive for his services, a
compensation, which shall neither be increased 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.
Before he enter on the execution of his office, he shall take the
following oath or affirmation:--"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."
Section 2. 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; 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 offenses against
the United States, except in cases of impeachment.
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.
The President shall have power to fill up all vacancies that may
happen during the recess of the Senate, by granting commissions which
shall expire at the end of their next session.
Section 3. 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 may, on extraordinary occasions, convene
both Houses, or either of them, and in case of disagreement between
them, with respect to the time of adjournment, he may adjourn them to
such time as he shall think proper; 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.
Section 4. 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.
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