Government & Civics

The Constitution & Amendments

Article II1787 · Executive branch

The presidency and executive power

Creates the presidency, describes presidential selection and qualifications, grants executive powers, and provides for removal of federal civil officers.

In Simple, Modern English

Section 1 establishes a president and vice president with four-year terms, a state-based Electoral College, presidential qualifications, fixed compensation during the term, and an oath to preserve, protect, and defend the Constitution.

Section 2 makes the president commander in chief and authorizes federal pardons, treaties, and appointments with specified Senate participation.

Section 3 requires reporting to Congress and faithfully executing the laws.

Section 4 provides removal after impeachment and conviction for specified serious misconduct.

Important Clauses & Details

Section 1: Selection and qualifications

States appoint electors equal to their total senators and representatives; federal officeholders cannot be electors. A president must be a natural-born citizen, at least 35, and a U.S. resident for 14 years, with an original founding-era citizenship exception. The president's salary cannot change during the elected term, and the president must swear or affirm to preserve, protect, and defend the Constitution.

Section 2: Shared and independent powers

The president commands the armed forces and federally activated militia, may request department heads' written opinions, and may pardon federal offenses except impeachment cases. Treaties require two-thirds of senators present. The Senate generally confirms major nominees; Congress may authorize other appointment methods for inferior officers. Recess appointments expire at the end of the Senate's next session.

Section 3: Execution and communication

The president reports on the State of the Union, recommends measures, receives ambassadors, commissions officers, and must take care that the laws are faithfully executed. Extraordinary sessions of Congress may be called; the president may resolve a disagreement between the chambers over adjournment timing.

Section 4: Accountability

The president, vice president, and federal civil officers are removed after impeachment and conviction for treason, bribery, or other high crimes and misdemeanors.

Where to look: Article 2

Article 2: The executive branch, presidential selection and qualifications, powers, and impeachment-based removal.

Locating presidential qualifications

Article II, Section 1, Clause 5 requires a natural-born citizen, at least 35 years old, with 14 years of U.S. residency, subject to the text’s founding-era citizenship exception. Term limits appear separately in Amendment 22.

Locating war, treaties, and appointments

Congress’s power to declare war is in Article I, Section 8. The president’s commander-in-chief power and treaty and appointment powers are in Article II, Section 2. Treaties require consent of two-thirds of senators present; major appointments generally require Senate consent.

Historical Context

The framers wanted an executive able to act effectively, unlike the Confederation's system, while guarding against monarchy. Fixed terms, shared appointments and treaties, congressional war powers, and impeachment are checks on presidential authority.

Keep in Mind

The 12th replaced the original undifferentiated electoral ballots. The 20th changed term dates, the 22nd limits presidential elections, and the 25th clarifies succession and inability. Commander in chief is not the same as Congress's power to declare war.

Plain-English study paraphrases summarize the text; they are not verbatim translations. Historical provisions and later changes are identified above. Sources: National Archives and Constitution Annotated.