Tag: Art. 2 Sec. 1
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Oath of Office
Presidential Oath of OfficeWhat is the time relationship between a President's assumption of office and his taking the oath? Apparently, the former comes first, this answer appearing to be the assumption of the language of the clause. The Second Congress assumed that President Washington took of…
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Theory of the Presidential Office
Executive Power: Theory of the Presidential OfficeThe most obvious meaning of the language of Article II, § 1, is to confirm that the executive power is vested in a single person, but almost from the beginning it has been contended that the words mean much more than this simple designation of l…
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Youngstown Case
The Youngstown CaseThe only modern case that has extensively considered the "inherent" powers of the President or the issue of what executive powers are vested by the first section of Article II 1 is Youngstown Sheet & Tube Co. v. Sawyer,<a…
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Tenure
TenureFormerly, the term of four years during which the President "shall hold office" was reckoned from March 4 of the alternate odd years beginning with 1789. This came about from the circumstance that under the act of September 13, 1788, of "the Old Congress," the first Wednesd…
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Presidential Compensation
Compensation and EmolumentsClause 7 may be advantageously considered in the light of the rulings and learning arising out of parallel provision regarding judicial salaries.1 ResourcesNotes and ReferencesThis text about <a href="http://la…
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Presidential Succession
Presidential SuccessionWhen the President is disabled or is removed or has died, to what does the Vice President succeed: to the "powers and duties of the said office," or to the office itself? There is a reasonable amount of evidence from the proceedings of the convention from which to co…
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Qualification
Qualification (President)All Presidents from Martin Van Buren on were born in the United States subsequent to the Declaration of Independence. The principal issue with regard to the qualifications set out in this clause is whether a child born abroad of American parents is "a natural born citiz…
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Qualifications
Clause 5. QualificationsNo 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 fiv…
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Separation-of-Powers Judicial Protection
Executive Power: Separation-of-Powers Judicial ProtectionIn recent cases, the Supreme Court has pronouncedly protected the Executive Branch, applying separation-of-powers principles to invalidate what it perceived to be congressional usurpation of executive power, but its mode of analysis has lately…
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State Discretion in Choosing Electors
State Discretion in Choosing ElectorsAlthough Clause 2 seemingly vests complete discretion in the states, certain older cases had recognized a federal interest in protecting the integrity of the process. Thus, the Court upheld the power of Congress to protect the right of all citizens who are entitl…
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Myers Case
The Myers CaseHowever much the two arguments are still subject to dispute, Chief Justice Taft, himself a former President, appears in Myers v. United States 1 to have carried a majority of the Court with him in establishing the Hamiltonian conception…
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Powers and Term of the President
Clause 1. Powers and Term of the PresidentThe 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:…
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Practice in the Presidential Office
The Practice in the Presidential OfficeHowever contested the theory of expansive presidential powers, the practice in fact has been one of expansion of those powers, an expansion that a number of "weak" Presidents and the temporary ascendancy of Congress in the wake of the Civil War has no…
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Election
Clauses 2-4. ElectionClause 2. 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 Of…
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Electoral College
Electoral CollegeThe electoral college was one of the compromises by which the delegates were able to agree on the document finally produced. "This subject," said James Wilson, referring to the issue of the manner in which the President was to be selected, "has greatly divided the Hou…