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Arti­cle. II.

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 [Mod­i­fied by Amend­ment XII].

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 [Mod­i­fied by Amend­ment XXV].

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

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