US Civics Education

The Executive Branch - the president

Executive Powers Vested in the President

Article II, Sections 1 of the U.S. Constitution states:

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

Article II, Sections 1 – 4 include the following:

1. Term of office

2. Eligibility

3. Voting & Electors

4. Oath of Office

5. Salary

6. Powers & Duties

7. Vacancies

Term and Eligibility

Executive Powers Vested in the President

1789 - 2020

45 Presidents have served in office

(Actually, 44 served - Grover Cleveland was #22 and #24, because he left office, then ran again & won).

Current - Joseph R. Biden, Jr.

(46th President)

Term

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

Eligibility

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.

Oath of the President

Executive Powers Vested in the President

Oath of the President

Oath of Office

Before he enters 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.

* * *

Constitutional Duties & powers of the president

The President is the Commander & Chief of the military only - not of the citizens or other branches of government

1. 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

2. he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

3. 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

The President is the Commander & Chief of the military only - not of the citizens or other branches of government

4. 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.

5. 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.

The President is the Commander & Chief of the military only - not of the citizens or other branches of government

6. 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;

7. 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;

8. he shall receive Ambassadors and other public Ministers;

7. he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

(Language of the U.S. Constitution, Article II, Sections 1-4. Numbers added by editor)

early days & Problems with the presidential elections

Prior to the12th Amendment (ratified June 1804) - the candidate who had the majority of electoral votes became President, and the next person with the most votes became Vice President - regardless of which political Party the candidates belonged. ". . . 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." (excerpt from original U.S. Constitution).

Election 1800 - Thomas Jefferson & Aaron Burr tied for the Presidency with 73 electoral votes each. In accordance with the Constitution, when there is a tie - the vote for the President then goes to the House of Representatives. In what would be one of several slights by Alexander Hamilton toward Aaron Burr, Hamilton voted for Jefferson over Burr, even though Hamilton did not share the same political philosophy as Jefferson. Jefferson became President and Burr - Vice President.

Prior to the12th Amendment (ratified June 1804) - the candidate who had the majority of electoral votes became President, and the next person with the most votes became Vice President - regardless of which political Party the candidates belonged. ". . . 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." (excerpt from original U.S. Constitution).

Election 1796 - John Adams (Federalist) was elected President and Thomas Jefferson (Republican) was elected Vice President. Due to the President's and Vice President's differing public policy philosophies, the Executive office lacked unity and governing was difficult.

Election 1800 - Thomas Jefferson & Aaron Burr tied for the Presidency with 73 electoral votes each. In accordance with the Constitution, when there is a tie - the vote for the President then goes to the House of Representatives. In what would be one of several slights by Alexander Hamilton toward Aaron Burr, Hamilton voted for Jefferson over Burr, even though Hamilton did not share the same political philosophy as Jefferson. Jefferson became President and Burr - Vice President.

Prior to the12th Amendment (ratified June 1804) - the candidate who had the majority of electoral votes became President, and the next person with the most votes became Vice President - regardless of which political Party the candidates belonged. ". . . 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." (excerpt from original U.S. Constitution).

Election 1800 - Thomas Jefferson & Aaron Burr tied for the Presidency with 73 electoral votes each. In accordance with the Constitution, when there is a tie - the vote for the President then goes to the House of Representatives. In what would be one of several slights by Alexander Hamilton toward Aaron Burr, Hamilton voted for Jefferson over Burr, even though Hamilton did not share the same political philosophy as Jefferson. Jefferson became President and Burr - Vice President.

electing the president and vice-president

Election by State Electors - Original Constitution Language

Original language of Article II, Section 1:

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 chuse 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 the President. But in chusing 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.

Amended Changes to Election by State Electors

Election by State Electors - Original Constitution Language

AMENDMENT XII

Passed by Congress December 9, 1803. Ratified June 15, 1804.

(Note: A portion of Article II, section 1 of the Constitution was superseded by the 12th amendment).

The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves;

they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists 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 for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, 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. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President.

* The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

*Superseded by section 3 of the 20th amendment.

Amended Changes to Term Dates & Death

Election by State Electors - Original Constitution Language

Amended Changes to Term Dates & Death

AMENDMENT XX

Passed by Congress March 2, 1932. Ratified January 23, 1933.

(Note: Article I, section 4, of the Constitution was modified by section 2 of this amendment. In addition, a portion of the 12th amendment was superseded by section 3).

Section 1.

The terms of the President and the Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

Section 2.

The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

Section 3.

If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President.

If a President shall not have been chosen before the time fixed for the beginning of his term, or

if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified;

and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

Section 4.

The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.

Section 5.

Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.

Section 6.

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.

Impeachment & Removal from office

Impeachment

Removal of the President from Office

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 of the U.S. Constitution)

Removal of the President from Office

* The following is original language of Article II, Section 1 of the U.S. 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

Removal of the President from Office

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.

*This language was changed by 25th Amendment

(see 25th Amendment below)

25th amendment - full text

Twenty-fifth (25th) Amendment Passed by Congress July 6, 1965. Ratified February 10, 1967.

Section 1.

In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Section 2.

Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Section 3.

Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Twenty-fifth (25th) Amendment Passed by Congress July 6, 1965. Ratified February 10, 1967.

Section 4.

Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office

Twenty-fifth (25th) Amendment Passed by Congress July 6, 1965. Ratified February 10, 1967.

Section 4. (continued)

unless the Vice President and a majority of either the principal officers of the executive department

or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office.

Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

the executive branch - the vice-president

The President of the U.S. Senate

The Vice President also serves as the President of the United States Senate, where he or she casts the deciding vote in the case of a tie. Except in the case of tiebreaking votes, the Vice President rarely actually presides over the Senate.

(left) Vice President - Ms. Kamala Harris

Duties

The duties of the Vice President, outside of those enumerated in the Constitution, are at the discretion of the current President. Each Vice President approaches the role differently — some take on a specific policy portfolio, others serve simply as a top adviser to the President.

The Vice President has an office in the West Wing of the White House, as well as in the nearby Eisenhower Executive Office Building

https://www.whitehouse.gov/about-the-white-house/the-executive-branch/

Like the President, the Vice-President also maintains an official residence, at the United States Naval Observatory in Northwest Washington, D.C.

This peaceful mansion, has been the official home of the Vice President since 1974 — previously, Vice Presidents had lived in their own private residences.

The Vice President also has his own limousine, operated by the United States Secret Service, and flies on the same aircraft the President uses — but when the Vice President is aboard, the craft are referred to as Air Force Two and Marine Two.

https://www.whitehouse.gov/about-the-white-house/the-executive-branch/