§ 1. The President of the United States of America, (except
in the first instance) shall be elected in the manner
following--The Judges of the Supreme Court shall within
sixty days after a vacancy shall happen, cause public notice
to be given in each State, of such vacancy, appointing
therein three several days for the several purposes
following, to wit, a day for commencing the election of
electors for the purposes hereinafter specified, to be
called the first electors, which day shall not be less than
forty, nor more than sixty days, after the day of the
publication of the notice in each State--another day for
the meeting of the electors not less [than] forty nor
more than ninety days from the day for commencing their
election--another day for the meeting of electors to be
chosen by the first electors, for the purpose hereinafter
specified, and to be called the second Electors, which day
shall be not less than forty nor more than sixty days after
the day for the meeting of the first electors.
§ 2. After notice of a vacancy shall have been given there
shall be chosen in each State a number of persons, as the
first electors in the preceding section mentioned, equal to
the whole number of the Representatives and Senators of such
State in the Legislature of the United States; which
electors shall be chosen by the Citizens of such State
having an estate of inheritance or for three lives in land,
or a clear personal estate of the value of one thousand
Spanish milled dollars of the present standard.
§ 3. These first electors shall meet in their respective
States at the time appointed, at one place; and shall
proceed to vote by ballot for a President, who shall not be
one of their own number, unless the Legislature upon
experiment should hereafter direct otherwise. They shall
cause two lists to be made of the name or names of the
person or persons voted for, which they or the major part of
them shall sign & certify. They shall then proceed each to
nominate openly in the presence of the others, two persons
as for second electors, and out of the persons who shall
have the four highest numbers of nominations, they shall
afterwards by ballot by plurality of votes choose two who
shall be the second electors, to each of whom shall be
delivered one of the lists before mentioned. These second
electors shall not be any of the persons voted for as
President. A copy of the same list signed and certified in
like manner shall be transmitted by the first electors to
the Seat of the Government of the United States, under a
sealed cover directed to the President of the Assembly,
which after the meeting of the Second electors shall be
opened for the inspection of the two Houses of the
Legislature.
§ 4. The second electors shall meet precisely on the day
appointed and not on another day, at one place. The Chief
Justice of the Supreme Court, or if there be no Chief
Justice, the Judge senior in office in such Court, or if
there be no one Judge senior in office, some other Judge of
that Court, by the choice of the rest of the Judges or of a
majority of them, shall attend at the same place and shall
preside at the meeting, but shall have no vote. Two thirds
of the whole number of the Electors shall constitute a
sufficient meeting for the execution of their trust. At this
meeting the lists delivered to the respective electors shall
be produced and inspected, and if there be any person who
has a majority of the whole number of votes given by the
first electors, he shall be the President of the United
States; but if there be no such person, the second electors
so met shall proceed to vote, by ballot for one of the
persons named in the lists who shall have the three highest
numbers of the votes of the first electors; and if upon the
first or any succeeding ballot on the day of their meeting,
either of those persons shall have a number of votes equal
to a majority of the whole number of second electors chosen,
he shall be the President. But if no such choice be made on
the day appointed for the meeting either by reason of the
non-attendance of the second electors, or their not
agreeing, or any other matter, the person having the
greatest number of votes of the first electors shall be the
President.
§ 5. If it should happen that the Chief Justice or some
other Judge of the Supreme Court should not attend in due
time, the second electors shall proceed to the execution of
their trust without him.
§ 6. If the Judges should neglect to cause the notice
required by the first section of this article to be given
within the time therein limited, they may nevertheless cause
it to be afterwards given; but their neglect if wilful, is
hereby declared to be an offence for which they may be
impeached, and if convicted they shall be punished as in
other cases of conviction on impeachment.
§ 7. The Legislature shall by permanent laws provide such
further regulations as may be necessary for the more orderly
election of the President; not contravening the provisions
herein contained.
§ 8. The President before he shall enter upon the execution
of his office shall take an oath or affirmation, faithfully
to execute the same, and to the utmost of his Judgment &
power to protect the rights of the people, and preserve the
Constitution inviolate. This oath or affirmation shall be
administered by the President of the Senate for the time
being in the presence of both Houses of the Legislature.
§ 9. The Senate and the Assembly shall always convene in
Session on the day appointed for the meeting of the second
electors and shall continue sitting till the President take
the oath or affirmation of office. He shall hold his place
during good behavior, removeable only by conviction upon
impeachment for some crime or misdemeanor.
§ 10. The President at the beginning of every meeting of the
Legislature as soon as they shall be ready to proceed to
business, shall convene them together at the place where the
Senate shall sit, and shall communicate to them all such
matters as may be necessary for their information, or as may
require their consideration. He may by message during the
Session communicate all other matters which may appear to
him proper. He may, whenever in his opinion the public
business shall require it, convene the Senate and Assembly,
or either of them, and may prorogue them for a time not
exceeding forty days at one prorogation; and if they should
disagree about their adjournment, he may adjourn them to
such time as he shall think proper. He shall have a right to
negative all bills, Resolutions or acts of the two Houses of
the Legislature about to be passed into laws. He shall take
care that the laws be faithfully executed. He shall be the
commander in chief of the army and Navy of the United States
and of the Militia within the several States, and shall have
the direction of war when commenced, but he shall not take
the actual command in the field of an army without the
consent of the Senate and Assembly. All treaties,
conventions and agreements with foreign nations shall be
made by him, by and with the advice and consent of the
Senate. He shall have the appointment of the Principal or
Chief officer of each of the departments of war, naval
Affairs, Finance and Foreign Affairs; and shall have the
nomination; and by and with the consent of the Senate, the
appointment of all other officers to be appointed under the
authority of the United States, except such for whom
different provision is made by this Constitution; and
provided that this shall not be construed to prevent the
Legislature, from appointing by name, in their laws, persons
to special and particular trusts created in such laws; nor
shall be construed to prevent principals in offices merely
ministerial, from constituting deputies.--In the recess of
the Senate he may fill vacancies in offices by appointments
to continue in force until the end of the next Session of
the Senate, and he shall commission all officers. He shall
have power to pardon all offences except treason, for which
he may grant reprieves, untill the opinion of the Senate &
Assembly can be had, and with their concurrence may pardon
the same.
§ 11. He shall receive a fixed compensation for his services
to be paid to him at stated times, and not to be increased
nor diminished during his continuance in office.
§ 12. If he depart out of the United States without the
Consent of the Senate and Assembly, he shall thereby
abdicate his office.
§ 13. He may be impeached for any crime or misdemeanor by
the two Houses of the Legislature, two thirds of each House
concurring, and if convicted shall be removed from office.
He may be afterwards tried & punished in the ordinary course
of law. His impeachment shall operate as a suspension from
office until the determination thereof.
§ 14. The President of the Senate shall be vice President of
the United States. On the death, resignation, impeachment,
removal from office, or absence from the United States, of
the President thereof, the Vice President shall exercise all
the powers by this Constitution vested in the President,
until another shall be appointed, or untill he shall return
within the United States, if his absence was with the
consent of the Senate and Assembly.