Article II — The Executive Branch

Verbatim

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.

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.

The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased 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 Offences 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 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.

Plain English

Section 1 — The President and election procedure

Executive power belongs to a President of the United States, who serves a four-year term. The Vice President is elected at the same time, also for a four-year term.

Each state appoints presidential electors equal to the total number of its Senators and Representatives. No senator, representative, or person holding federal office may serve as an elector.

Note: The original text described an electoral procedure that was significantly modified by the Twelfth Amendment in 1804. The current procedure is described in that amendment.

To be eligible for President, a person must be a natural-born U.S. citizen (or a citizen at the time the Constitution was adopted), at least 35 years old, and a resident of the United States for at least 14 years.

If the President is removed from office, dies, resigns, or is unable to discharge the duties of office, the powers and duties pass to the Vice President. Note: The Twenty-Fifth Amendment, ratified in 1967, set out detailed procedures for presidential succession and incapacity.

The President receives a salary that cannot be changed during the term, and cannot receive any other payment from the United States or any state during the term.

Before taking office, the President takes the following oath: "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 — Presidential powers

The President is Commander in Chief of the Army, the Navy, and the militia of the several states when called into federal service.

The President can require written opinions from the heads of executive departments on matters relating to their duties.

The President has the power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

The President has the power, with the advice and consent of the Senate, to make treaties — provided two-thirds of the senators present concur. The President nominates and, with the advice and consent of the Senate, appoints ambassadors, other public ministers and consuls, Supreme Court justices, and all other federal officers whose appointments are not otherwise provided for. Congress can give the President alone, or the courts, or department heads, the power to appoint inferior officers.

The President can fill vacancies that occur during a Senate recess by granting commissions that expire at the end of the next Senate session.

Section 3 — Presidential duties

The President periodically gives Congress information on the State of the Union and recommends measures the President considers necessary. The President can convene either or both houses of Congress on extraordinary occasions, and in case of disagreement between them about adjournment, can adjourn them. The President receives ambassadors and other public ministers, takes care that the laws are faithfully executed, and commissions all officers of the United States.

Section 4 — Impeachment

The President, Vice President, and all civil officers of the United States can be removed from office through impeachment for and conviction of treason, bribery, or other high crimes and misdemeanors.

About

Article II creates the executive branch and the office of the President. It is significantly shorter than Article I. The founders gave Congress the most detailed treatment because they considered legislative power both the most important and the most dangerous. The President's powers are listed more briefly and have been substantially developed by practice, by Supreme Court rulings, and by congressional legislation.

The original electoral system in Section 1 produced two crises in its first three presidential elections — the Adams/Jefferson administration of 1796 with a President and Vice President from opposing parties, and the Jefferson/Burr tie of 1800 — and was replaced by the Twelfth Amendment in 1804.

The Commander in Chief Clause has been the basis for major debates about presidential war powers. The Constitution gives Congress the power to declare war (Article I, Section 8), but the President as Commander in Chief directs military operations. The line between congressional authorization and presidential authority has been contested in nearly every armed conflict since the founding. The War Powers Resolution of 1973 attempted to set procedural rules but its constitutionality has never been fully tested.

The Treaty Clause requires two-thirds of the Senate to approve treaties, making them harder to ratify than ordinary legislation. Modern presidents often use executive agreements — agreements with foreign nations that do not require Senate approval — for many international commitments that might historically have been treaties. The constitutional status of executive agreements has been recognized but their scope is debated.

The Pardon Power is one of the most absolute powers in the Constitution. The President can pardon any federal offense (except in cases of impeachment), can pardon before or after conviction, and the pardon cannot be reversed. The pardon power does not extend to state offenses.

The Take Care Clause ("he shall take Care that the Laws be faithfully executed") has been read both to require the President to enforce laws and to give the President discretion in how to enforce them. The boundaries of this clause have been litigated in modern cases involving immigration enforcement, environmental regulation, and other areas where executive enforcement priorities are politically contested.

Section 4 — impeachment — has been used to remove federal judges and other officials, but has never resulted in the removal of a President. Three Presidents have been impeached by the House (Andrew Johnson in 1868, Bill Clinton in 1998, and Donald Trump in 2019 and 2021); none have been convicted by the Senate.