"The language of the Constitution cannot be interpreted safely except by reference to the common law and to British institutions as they were when the instrument was framed and adopted." --- William Howard Taft President of the United States and Chief Justice SCotUS.
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
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.
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 chuse from them by Ballot the Vice President.]*
*Changed lay the Twelfth Amendment.
The Congress may determine the Time of chusing 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.]*
*Changed by the Twenty-Fifth Amendment.
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 Adjoumment, 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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