University of Virginia Library

II.

Sect. 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, altogether with the vice-president,
chosen for the same term, be elected in the following
manner:

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 Congress: but no senator or representative
shall be appointed an elector, nor any person holding an
office of trust or profit under the United States.

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 general government,
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 choose the president.
But in choosing the president, the votes shall be taken by
states and not per capita,[79] 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 by the representatives,[80]
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 choose from them by ballot the vice-president.

The Congress may determine the time of chusing the
electors, and the time in[81] which they shall give their votes;
but the election shall be on the same day[82] 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 ofiicer shall act accordingly, until
the disability be removed, or the period for chusing another
president arrive.[83]

The president shall, at stated times, receive a fixed compensation
for his services, which shall neither be encreased nor
diminished during the period for which he shall have been
elected.

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
judgment and power, preserve, protect and defend the constitution
of the United States."

Sect. 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: 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,
when called into the actual service of the United States,[84]
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.

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.

Sect. 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.

Sect. 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.