II

The Executive Branch

Ratified 1788 · Four sections vesting and limiting presidential power

Section 1

Vests "the executive Power" in a President serving a four-year term, elected through the Electoral College rather than a direct national popular vote. Sets eligibility: natural-born citizen, at least 35 years old, 14 years a U.S. resident.

Section 2 — Selected Powers

  • Commander in Chief

    "The President shall be Commander in Chief of the Army and Navy of the United States..."

  • Treaty Power

    Power to make treaties, "provided two thirds of the Senators present concur."

  • Appointments Clause

    Nominates ambassadors, federal judges, and other officers "by and with the Advice and Consent of the Senate."

Section 3

Requires the President to periodically report to Congress on the "State of the Union," to receive ambassadors, and to "take Care that the Laws be faithfully executed" — the constitutional basis for the modern executive branch's enforcement authority.

Section 4 — Impeachment

The President, Vice President, and civil officers "shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."