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Article II of the U.S. Constitution establishes the executive branch, detailing the powers and responsibilities of the President. It outlines the process for electing the President and Vice President, eligibility requirements, and the President's roles as commander in chief and in treaty-making. Additionally, it specifies grounds for impeachment and removal from office for the President and other officials.
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23 views5 pages

Article+II+ +U.S.+Constitution+ +US+Law+ +LII+ +Legal+Information+Institute

Article II of the U.S. Constitution establishes the executive branch, detailing the powers and responsibilities of the President. It outlines the process for electing the President and Vice President, eligibility requirements, and the President's roles as commander in chief and in treaty-making. Additionally, it specifies grounds for impeachment and removal from office for the President and other officials.
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2/9/2021 Article II | U.S.

Constitution | US Law | LII / Legal Information Institute

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.

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2/9/2021 Article II | U.S. 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.

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.

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2/9/2021 Article II | U.S. Constitution | US Law | LII / Legal Information Institute

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.

‹ Article I up Article III ›

 U.S. Constitution Toolbox


Explanation of the Constitution -
from the Congressional Research
Service

901

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2/9/2021 Article II | U.S. Constitution | US Law | LII / Legal Information Institute

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