Article II - The Executive Branch

Article II of the United States Constitution outlines the powers given to the executive branch. While Article I and Article III grant power to groups of people (the legislature and the courts), Article II is primarily focused on the role of the President.

Article II includes a person's requirements to become president, such as being at least 35 years old and a natural-born citizen. It also outlines the process for electing presidents (although the 12th and 20th Amendments later modified the process). Most importantly, it outlines the president's powers, such as appointing officers like the Secretary of State.

The Framers of the Constitution were wary of giving too much power to the executive branch, fearing the tyranny they'd experienced under the British monarchy. So, while Article II grants the president broad powers, the legislature and judiciary have checks and balances on the presidential powers.

Learn more about the executive branch and the president’s powers and duties below.

Who is in the Executive Branch?

Article II, Section I vests the executive branch's powers in a single person: the President of the United States. However, one person cannot run the entire United States. The president’s powers allow them to appoint other officials to help them govern.

Directly below the president in the governmental hierarchy is the Cabinet of the United States. Cabinet members include the following officials, among many others:

• The Vice President
• The Secretary of State
• The Secretary of the Treasury
• The Attorney General
• The Secretary of Defense

The vice president is elected, along with the president. If the president is removed from or leaves office, the vice president will assume the office of the president.

The president nominates the other cabinet members, who the Senate must confirm before they take office. Cabinet members are generally responsible for overseeing federal agencies and enforcing federal laws.

Federal agencies and departments comprise the rest of the executive branch. Examples include the following:

• The Central Intelligence Agency (CIA)
• The Federal Bureau of Investigations (FBI)
• The National Security Agency (NSA)
• The Internal Revenue Service (IRS)
• The Department of the Treasury (TREAS)
• The Department of Defense (DOD)
• The Department of Homeland Security (DHS)

These agencies help ensure that federal laws are enforced throughout the United States. The executive branch, including the armed forces, employs over four million people.

What Does Article II of the U.S. Constitution Say?

The full text of Article II states the following:

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 Representatives 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 on 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."

What Article II Means

Article II of the Constitution enumerates the president's powers and duties. This section breaks down each portion into its essential elements, usually called "clauses." Follow the links within the article for more in-depth information about these topics.

Note that although the Constitution grants the president broad powers in several respects, the federal government's structure involves a separation of powers between the three branches of government. Each branch possesses checks on the other branches.

Section 1 Explained - Function and Selection

Article II, Section 1 enumerates the presidential powers and how a president attains office.

Clause 1 is known as the vesting clause. It clarifies that the Constitution vests the “executive power” in the president. It also specifies that the president and vice president serve four-year terms and must be elected to their respective offices.

Clauses 2, 3, and 4 relate to how the Electoral College elects the president. At its most basic level, each state appoints electors who serve in the Electoral College. The number of electors each state has varies based on its population. Electors cast ballots for the president and vice president. Then, Congress meets to count the votes and determine the next president and vice president.

After the election of 1800, Congress proposed the 12th Amendment, modifying the Electoral College and election procedures.

Clause 5 sets the requirements a presidential candidate must meet before assuming office. The requirements are as follows:

• They must be a natural-born citizen.
• They must be 35 years old.
• They must have lived in the United States for at least 14 years before they can become president.

Clause 6 specifies what happens when a president or vice president can no longer discharge the power and duties of their respective offices. Generally, if Congress removes the president from office, or if they die, resigns, or otherwise becomes incapacitated, the vice president assumes the presidency.

The 20th Amendment, ratified in 1935, superseded Clause 6 regarding the presidential line of succession.

Clause 7 states that the president receives a salary. Congress cannot increase or decrease the president’s pay during the president’s term, ensuring the president is not beholden to Congress. For example, Congress cannot threaten to decrease the president’s pay if it disagrees with the president’s actions.

Clause 7 also makes clear the president cannot receive emoluments from the United States. Emoluments generally refer to gifts, money, and honorary titles.

Clause 8 requires the president to take an oath of office before they become President of the United States. It requires them to swear they will faithfully execute the office and protect the Constitution.

Section 2 Explained - Powers of the President

Section 2 covers the president’s commander-in-chief powers, pardon powers, treaty power, and their ability to fill vacancies and grant commissions.

Clause 1, often referred to as the Commander-in-Chief Clause, establishes the President as the leader of the American armed forces. Typically, the President has the authority to conduct warfare, deploy troops, and instruct generals to undertake military operations in defense of national security.

However, the legislative branch is the only branch that can declare war. Additionally, Congress has control over funding and raising armies. These act as checks on the president’s broad powers.

The judicial branch may also review a president’s actions and determine whether they fit within the Constitution’s enumerated powers. For example, in Youngstown Sheet & Tube Co. v. Sawyer (1952), the Supreme Court held that the president could not seize privately owned steel mills during the Korean War. For more information, read FindLaw’s article, What Are the President’s Powers as Commander in Chief?

Clause 1 also allows the president to grant pardons for federal offenses committed against the United States. The president can grant several types of clemency, including pardons, commutations, and reprieves.

Clause 2 grants the president the power to enter into treaties with foreign nations. The president must propose the treaty to the Senate, which must approve the treaty by a two-thirds vote. Clause 2 also allows the president to appoint ambassadors, public ministers, and federal judges. The president’s nominees are generally subject to congressional approval.

Clause 3 is known as the recess appointments clause. It allows the president to fill vacancies that occur when the Senate is in recess. To do so, the president may grant temporary commissions. This allows the president to ensure that the U.S. government continues to operate if a vacancy occurs while the Senate is in recess.

For more information about the president's powers, read FindLaw’s article, Implied Executive Powers.

Section 3 Explained - Presidential Duties

Article II, Section 3 enumerates the president's duties. Clauses 1 and 2 encompass the president’s legislative role in the federal government.

Clause 1 specifies that the president must report on the state of the union to Congress “from time to time.” For many years, presidents would provide a written report to Congress. However, President Franklin D. Roosevelt convened Congress in 1934 and gave the first in-person State of the Union address since George Washington did so in 1790. Today, the president typically gives an in-person State of the Union address in January each year.

Clause 1 also allows the president to communicate with Congress about legislative duties as the president sees them.

Clause 2 gives the president authority to convene Congress in certain circumstances. For example, the president can call both Houses for a “special” session if they deem it necessary. The president may also call the Senate for a special session to consider a nomination. The power also applies to the adjournment of Congress.

Clause 3 means the president is in charge of receiving diplomats and other representatives from foreign nations. It also allows the president to refuse to receive them.

Clause 4 provides that the president must ensure the laws of the United States are faithfully executed. As the Constitution Annotated notes, the duty “potentially implicates at least five categories of presidential powers, including:

1. Powers the Constitution confers directly upon the President by the opening and succeeding clauses of Article II;

2. Powers that congressional acts directly confer upon the President;

3. Powers that congressional acts confer upon heads of departments and other executive agencies of the federal government;

4. Power that stems implicitly from the duty to enforce the criminal statutes of the United States; and

5. Power to carry out the so-called ministerial duties, regarding which an executive officer can exercise limited discretion as to the occasion or manner of their discharge.”

Clause 5 authorizes the president to commission “all the Officers of the United States.” Who qualifies as an “officer” is up for debate. The National Constitution Center notes that the clause requires the president “to authenticate the status of federal officials.”

Section 4 - Removal From Office

Section 4 provides the mechanism for removing the president, vice president, and “all Civil Officers of the United States” from office. The legislative branch has the power to remove these officials from office. Section 4 lists the bases upon which Congress can impeach a president:

• Treason
• Bribery
• “High Crimes and Misdemeanors”

The House of Representatives may vote to impeach the president. If it does so, the Senate will hold a trial to determine whether to convict the official. For more information, read FindLaw’s articles on Article II, Section 4: Impeachment and Presidential Impeachment Cases.