Article II begins: "The executive Power shall be vested in a President of the United States of America." Compare how Article I gave Congress only the powers "herein granted"; Article II uses no such words, and scholars still debate what "the executive Power" includes beyond the powers it lists.
| Section | What it does |
|---|---|
| 1 | Vests the executive power; four-year term; election by electors (the Electoral College); qualifications (natural-born citizen, 35, 14 years a resident); succession; pay; the oath |
| 2 | Commander in chief; written opinions from department heads; pardons for federal offenses (not impeachment); treaties with two-thirds of senators present; appointments with the Senate's advice and consent; recess appointments |
| 3 | State of the Union information; may convene Congress; receives ambassadors; "shall take Care that the Laws be faithfully executed" |
| 4 | The President, Vice President and civil officers are removed on impeachment and conviction for "Treason, Bribery, or other high Crimes and Misdemeanors" |
Why it works
The framers wanted an executive with "energy," as Hamilton put it in Federalist No. 70 ("Energy in the Executive is a leading character in the definition of good government"), but not a king. So the biggest powers are shared: the President makes treaties, but two-thirds of the senators present must agree; he nominates officers and judges, but the Senate confirms them. Hamilton spent all of Federalist No. 69 showing how the office differed from the British Crown; Anti-Federalists such as Cato IV and Patrick Henry, who said the plan "squints towards monarchy" (June 5, 1788), were not persuaded.
Key idea
Article II vests "the executive Power" in a President and names powers: commander in chief, pardons, treaties (two-thirds of the Senate), appointments (Senate consent), receiving ambassadors, and the duty to "take Care that the Laws be faithfully executed."
Worked example: Counting a treaty vote
All 100 senators are present for a treaty vote. What is the fewest "yes" votes that approves it?
- Two-thirds of the senators present: 2/3 × 100 = 66.67.
- Votes come in whole numbers, so 67.
Answer: 67 votes.
Worked example: Alone or shared?
The President wants to make an ambassador of a new appointee and to grant a pardon for a federal crime. Which needs the Senate?
- Ambassadors are among the officers appointed "by and with the Advice and Consent of the Senate."
- The pardon power is the President's alone (except in cases of impeachment).
Answer: The ambassador needs Senate consent; the pardon does not.
Common mistake
Thinking the President can make treaties alone. A treaty needs the consent of two-thirds of the senators present. The House has no vote on treaties at all. Check: treaties and appointments are the two Article II powers with "Advice and Consent of the Senate."