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 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 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 choose 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, 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 choose from them by
ballot the Vice-President.[1])
[1] This clause has been repealed and annulled by the 12th amendment.
The Congress may determine the time of choosing 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 stall 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.
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.”
SEC. 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 offenses 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 Senate present concur;
and he shall nominate, and by and with the advice and consent of the
Senate, shall appoint Embassadors, 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.
SEC. 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 Embassadors and other public Ministers; he shall take
care that the laws be faithfully executed, and shall commission all the
officers of the United States.
SEC. 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.
ARTICLE III.