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.
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.
List of Presidents of the United States
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.
Article II | Constitution | US Law | LII / Legal Information Institute
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. These individuals are political appointments and are not subject to review by the Senate.
All members of the staff serve " at the pleasure of the President ". The report listed employees. The two most commonly used clemency powers are those of pardon and commutation. A pardon is an official forgiveness for an acknowledged crime. Once a pardon is issued, all punishment for the crime is waived. The person accepting the pardon must, however, acknowledge that the crime did take place.
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Department of Justice to review all requests for pardons. The president can also commute a sentence which, in effect, changes the punishment to time served. While the guilty party may be released from custody or not have to serve out a prison term, all other punishments still apply. Most pardons are issued as oversight of the judicial branch, especially in cases where the Federal Sentencing Guidelines are considered too severe. This power can check the legislative and judicial branches by altering punishment for crimes. Presidents can issue blanket amnesty to forgive entire groups of people.
Presidents can also issue temporary suspensions of prosecution or punishment in the form of respites. This power is most commonly used to delay federal sentences of execution. Pardons can be controversial when they appear to be politically motivated. Under the Constitution, the president is the federal official that is primarily responsible for the relations of the United States with foreign nations. The president appoints ambassadors, ministers, and consuls subject to confirmation by the Senate and receives foreign ambassadors and other public officials.
Duties of the office
On occasion, the president may personally participate in summit conferences where heads of state meet for direct consultation. Roosevelt met with Allied leaders during World War II ; and every president sits down with world leaders to discuss economic and political issues and to reach agreements. Through the Department of State and the Department of Defense , the president is responsible for the protection of Americans abroad and of foreign nationals in the United States.
The president decides whether to recognize new nations and new governments, [41] and negotiate treaties with other nations, which become binding on the United States when approved by two-thirds of the Senate. The president may also negotiate executive agreements with foreign powers that are not subject to Senate confirmation. The Constitution does not expressly grant the president additional powers in times of national emergency. However, many scholars think that the Framers implied these powers because the structural design of the Executive Branch enables it to act faster than the Legislative Branch.
Because the Constitution remains silent on the issue, the courts cannot grant the Executive Branch these powers when it tries to wield them. The courts will only recognize a right of the Executive Branch to use emergency powers if Congress has granted such powers to the president. A claim of emergency powers was at the center of President Abraham Lincoln's suspension of habeas corpus without Congressional approval in Lincoln claimed that the rebellion created an emergency that permitted him the extraordinary power of unilaterally suspending the writ.
President Franklin Delano Roosevelt similarly invoked emergency powers when he issued an order directing that all Japanese Americans residing on the West Coast be placed into internment camps during World War II. Supreme Court upheld this order in Korematsu v. Harry Truman declared the use of emergency powers when he nationalized private steel mills that failed to produce steel because of a labor strike in Sawyer , voting that neither Commander in Chief powers nor any claimed emergency powers gave the president the authority to unilaterally seize private property without Congressional legislation.
Executive privilege gives the president the ability to withhold information from the public, Congress, and the courts in national security and diplomatic affairs. While not enshrined in the Constitution, Washington's action created the precedent for privilege. When Richard Nixon tried to use executive privilege as a reason for not turning over subpoenaed audio tapes to a special prosecutor in the Watergate scandal, the Supreme Court ruled in United States v.
Nixon that privilege was not absolute. The Supreme Court affirmed this in Clinton v. Jones , which denied the use of privilege in cases of civil suits. Because of the vast array of presidential roles and responsibilities, coupled with a conspicuous presence on the national and international scene, political analysts have tended to place great emphasis on the president's powers. Some have even spoken of "the imperial presidency ", referring to the expanded role of the office that Franklin D. Roosevelt maintained during his term.
President Theodore Roosevelt famously called the presidency a " bully pulpit " from which to raise issues nationally, for when a president raises an issue, it inevitably becomes subject to public debate. A president's power and influence may be limited, but politically the president is certainly the most important power in Washington and, furthermore, is one of the most famous and influential of all Americans.
Though constrained by various other laws passed by Congress, the president's executive branch conducts most foreign policy, and their power to order and direct troops as commander-in-chief is quite significant the exact limits of what a president's military powers without Congressional authorization are open to debate. The Separation of Powers devised by the founding fathers was designed to do one primary thing: Based on their experience, the framers shied away from giving any branch of the new government too much power. The separation of powers provides a system of shared power known as "checks and balances".
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For example, the President appoints judges and departmental secretaries, but these appointments must be approved by the Senate. The president can veto bills, or deny them. If he does that, the bill is sent back to Congress. From Wikipedia, the free encyclopedia. This article possibly contains original research. Please improve it by verifying the claims made and adding inline citations.
Statements consisting only of original research should be removed. January Learn how and when to remove this template message. Constitution of the United States Law Taxation. Presidential elections Midterm elections Off-year elections. List of people pardoned or granted clemency by the President of the United States.
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Archived from the original on May 13, Retrieved February 25, About the Joint Chiefs of Staff. Commander in Chief Clause " ". National Constitution Center Educational Resources some internal navigation required. Retrieved May 23, Archived from the original PDF on November 26, Retrieved December 15, No clear mechanism or requirement exists today for the president and Congress to consult.
The War Powers Resolution of contains only vague consultation requirements. Instead, it relies on reporting requirements that, if triggered, begin the clock running for Congress to approve the particular armed conflict.
By the terms of the Resolution, however, Congress need not act to disapprove the conflict; the cessation of all hostilities is required in 60 to 90 days merely if Congress fails to act. Many have criticized this aspect of the Resolution as unwise and unconstitutional, and no president in the past 35 years has filed a report "pursuant" to these triggering provisions. The President's War Powers". Retrieved September 28, The New York Times. Retrieved November 8, Presidents have sent forces abroad more than times; Congress has declared war only five times: President Reagan told Congress of the invasion of Grenada two hours after he had ordered the landing.
He told Congressional leaders of the bombing of Libya while the aircraft were on their way. It was not clear whether the White House consulted with Congressional leaders about the military action, or notified them in advance. Foley, the Speaker of the House, said on Tuesday night that he had not been alerted by the Administration.
The Colonial Williamsburg Foundation. McPherson, Tried by War: