Article II of VII · 1788

Article II: The President

The President

About 2 min

The one-line version

The President carries out the laws, leads the military, makes treaties and appointments with the Senate, and can be removed by impeachment.

Start with Section 1

The 4 sections

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Phrase by phrase

The executive Power shall be vested in a President of the United States of America
One person, the President, is in charge of carrying out federal laws.
a Number of Electors, equal to the whole Number of Senators and Representatives
Each state gets as many presidential electors as it has members of Congress.
No Person except a natural born Citizen
Only a natural-born U.S. citizen can be President. Citizens at the founding were also allowed.
The President shall be Commander in Chief of the Army and Navy of the United States
The President is the top leader of the military.
he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment
The President can forgive federal crimes or delay punishment, but cannot stop an impeachment.
by and with the Advice and Consent of the Senate
For treaties and top appointments, the Senate must agree.
he shall take Care that the Laws be faithfully executed
The President must make sure federal laws are carried out.
Treason, Bribery, or other high Crimes and Misdemeanors
These are the reasons an official can be impeached and removed.

Picture it

Example. Not legal advice.

The President nominates a new Supreme Court justice. The Senate Judiciary Committee holds hearings and asks questions. Then the full Senate votes. If a majority says yes, the nominee joins the Court.

Myth check

MythThe President can declare war.

FactOnly Congress can declare war. The President is Commander in Chief of the military.

MythVoters elect the President directly.

FactVoters in each state choose electors, and the electors choose the President. Every state now uses a popular vote to pick its electors.

MythIf a President is impeached, they are removed from office.

FactImpeachment is only the House bringing charges. Removal needs a two-thirds vote in the Senate, which has never happened to a President.

Common questions

What does Article II say in simple terms?

Article II creates the presidency. It says how the President is chosen and who can serve. It lists the President's powers, such as leading the military and making treaties and appointments with the Senate. It also allows removal by impeachment.

How long is a president's term?

Four years. Article II sets a four-year term. The 22nd Amendment (1951) says no one can be elected President more than twice. The 20th Amendment says each term begins at noon on January 20.

Who can be president?

Article II sets three rules. You must be a natural-born U.S. citizen, at least 35 years old, and a U.S. resident for at least 14 years. The 22nd Amendment adds that no one can be elected more than twice.

Can a president be impeached?

Yes. The House can impeach a President for treason, bribery, or other high crimes and misdemeanors. The Senate then holds a trial, and two-thirds must vote to remove. Three Presidents have been impeached: Andrew Johnson, Bill Clinton, and Donald Trump (twice). None was removed.

Can a president pardon anyone?

Only for federal crimes. Article II's pardon power does not cover state crimes. It cannot stop or undo an impeachment. A President can pardon someone before or after a conviction.

Is the president immune from prosecution?

Partly. In Trump v. United States (2024), the Court held that a former President has absolute immunity for acts within his core constitutional powers. Other official acts get at least presumed immunity. Unofficial acts get no immunity.

Go deeper

The scene · 1787

The delegates in Philadelphia had just fought a war against a king. Under the Articles of Confederation, there was no single leader at all. They argued for weeks about whether to have one President or several, and how to choose them. Article II created one President, chosen by electors, for four years.

Back then

Americans had rebelled against a king and feared one-person rule. But the Articles of Confederation had no leader, and the government struggled to act. The writers built a single President with real powers, then limited it with elections, the Senate's approval, and impeachment.

Words that changed
“Emolument”

ThenPay, profit, or any gain from an office.

NowStill means payment or benefit. It is rarely used outside legal writing.

“Misdemeanors”

ThenIn the phrase "high Crimes and Misdemeanors," serious misconduct by an official. What exactly counts has always been debated.

NowIn everyday law, a misdemeanor is a minor crime. That is not what this phrase means.

“Electors”

ThenPeople chosen in each state to vote for President.

NowThe same. Together they are often called the Electoral College, a name not in the Constitution.

Who argued what

Federalists

One strong President could act quickly and be held responsible. Alexander Hamilton wrote that energy in the executive is key to good government.

Anti-Federalists

A single President with command of the army and the power to pardon looked too much like a king. Power should be more limited and checked.

Key cases
  1. 1952

    Youngstown Sheet & Tube Co. v. Sawyer

    The President could not seize steel mills during the Korean War without authority from Congress.

  2. 1974

    United States v. Nixon

    Executive privilege is not absolute, and the President had to hand over tapes subpoenaed for a criminal trial.

  3. 2014

    NLRB v. Noel Canning

    A Senate break of fewer than 10 days is generally too short for the President to make recess appointments.

  4. 2024

    Trump v. United States

    A former President has absolute immunity for core constitutional powers, at least presumed immunity for other official acts, and none for unofficial acts.

More history and context

Article II creates the executive branch, led by the President. It is much shorter than Article I. Many details of presidential power have come from practice, from laws passed by Congress, and from Supreme Court decisions.

The original election system caused problems quickly. In 1796, the President and Vice President came from rival parties. In 1800, Thomas Jefferson and Aaron Burr tied, and the House had to break the tie. The Twelfth Amendment (1804) fixed the system.

War powers are shared. Congress declares war (Article I, Section 8), and the President commands the military. Congress and Presidents have disagreed about where the line is in many conflicts. Congress passed the War Powers Resolution in 1973 to set rules, and Presidents have disputed parts of it.

Treaties need two-thirds of the Senate. Presidents also make executive agreements with other countries that do not go to the Senate. The Court has accepted that these agreements exist, but how far they can go is debated.

The pardon power covers federal crimes only, not state crimes. It does not apply to impeachment. A President can pardon someone before or after a conviction.

In Trump v. United States (2024), the Court ruled on whether a former President can be criminally prosecuted for acts while in office. It held that a President has absolute immunity for acts within his core constitutional powers. He has at least presumed immunity for other official acts, and no immunity for unofficial acts.

The House has impeached three Presidents: Andrew Johnson (1868), Bill Clinton (1998), and Donald Trump (2019 and 2021). The Senate did not convict any of them. No President has been removed by impeachment.

Quick check

Just for you. Nothing is saved.

1. Who must approve a treaty the President makes?
2. What is the minimum age to be President?
3. A President is impeached by the House. What happens next?

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