ARTICLE II
EXECUTIVE DEPARTMENT
- Section 1. The President: Page
- Clause 1. Powers and term of the President [377]
- Nature and scope of Presidential power [377]
- Contemporary source of the Presidency [377]
- Presidency in the federal convention [378]
- Executive power; Hamilton's contribution [378]
- Myers case [379]
- Curtiss-Wright case [380]
- Theory of the Presidential office [380]
- Term of four years [382]
- Anti-third term tradition [382]
- Clauses 2, 3, 4, 5, 6, 7, and 8. Election, qualifications, succession, compensation, and oath of the President [383]
- Maintenance of the office of President [384]
- "Electoral college" [384]
- Constitutional status of electors [385]
- "Natural-born citizen" [386]
- Presidential succession [387]
- Act of 1792 [387]
- Acts of 1886 and 1947 [388]
- Compensation and emoluments [388]
- Oath of office [388]
- Effect of the oath [389]
- Section 2. Powers and duties of the President [389]
- Clause 1. Commander in chiefship; opinions from heads of departments; pardons [389]
- Commander in chiefship [389]
- Historical [389]
- Prize cases [390]
- Impact of the Prize cases on World Wars I and II [391]
- Presidential theory of the commander in chiefship in World War II [392]
- Presidential war agencies [393]
- Constitutional status of Presidential agencies [394]
- West Coast Japanese [394]
- Act of March 21, 1942 [395]
- Presidential government of labor relations [395]
- "Sanctions" [397]
- Constitutional basis of sanctions [397]
- Martial law and constitutional limitations [398]
- Martial law in Hawaii [400]
- Case of the Nazi saboteurs [401]
- War crimes cases [402]
- President as commander of the forces [403]
- Commander in chief a civilian officer [404]
- Presidential advisers [405]
- The Cabinet [405]
- Pardons and reprieves [406]
- Legal nature of a pardon [406]
- Qualification of above theory [407]
- Scope of the power [408]
- "Offenses against the United States"; contempt of court [408]
- Effects of a pardon: Ex parte Garland [409]
- Limits to the efficacy of a pardon [410]
- Congress and Amnesty [411]
- Clauses 2 and 3. Treaties and appointment of officers [412]
- Treaty-making power [412]
- President and Senate [412]
- Negotiation a Presidential monopoly [412]
- Treaties as law of the land [413]
- Origin of the conception [414]
- Treaty rights versus State power [415]
- Recent cases [417]
- When is a treaty self-executing; when not [417]
- Constitutional freedom of Congress with respect to treaties [418]
- Treaty-making power and revenue laws [419]
- Congressional repeal of treaties [420]
- Treaties versus prior acts of Congress [421]
- Interpretation and termination of treaties as international compacts [423]
- Termination of treaties by notice [423]
- Determination whether a treaty has lapsed [425]
- Status of a treaty a political question [426]
- Treaties and the "necessary and proper" clause [426]
- Constitutional limits of the treaty-making power: Missouri v. Holland [428]
- Indian treaties [431]
- Present status of Indian treaties [432]
- International Agreements without Senate approval [433]
- Routine executive agreements [433]
- Law-making executive agreements [434]
- President McKinley's contribution [435]
- Executive agreements affecting Far Eastern Relations [436]
- International obligation of executive agreements [436]
- Litvinov agreement of 1933 [437]
- United States v. Belmont [437]
- United States v. Pink; National supremacy [438]
- Hull-Lothian agreement, 1940 [439]
- War-time agreements [440]
- Executive agreements by authorization of Congress [441]
- Reciprocal trade agreements [441]
- Constitutionality of trade agreements [442]
- Lend-Lease Act [443]
- President plus Congress versus Senate [443]
- Arbitration agreements [444]
- Agreements under the United Nations Charter [444]
- United Nations Participation Act [445]
- Executive establishment [445]
- "Office" [445]
- "Ambassadors and other public ministers" [445]
- Presidential diplomatic agents [447]
- Congressional regulation of offices [449]
- Conduct in office [450]
- The loyalty issue [451]
- Legislation increasing duties of an officer [452]
- "Inferior officers"; "employees" [452]
- Stages of appointment process [453]
- Nomination [453]
- Senate approval [453]
- When Senate consent is complete [453]
- Commissioning the officer [454]
- Recess appointments [455]
- Ad interim designations [455]
- Removal power; Myers case [455]
- "Nature of the office" concept [458]
- Humphrey case [458]
- Other phases of the removal power [459]
- Presidential aegis [460]
- Section 3. Legislative, diplomatic, and law enforcement duties of the President [462]
- Legislative role of the President [462]
- Right of Reception [463]
- Scope of the power [463]
- A Presidential monopoly [464]
- "The Logan Act" [464]
- A formal or a formative power [465]
- President's diplomatic role [465]
- Jefferson's real position [466]
- Power of recognition [467]
- The case of Cuba [468]
- Power of nonrecognition [469]
- President and Congress [470]
- Congressional implementation of Presidential policies [471]
- Doctrine of political questions [471]
- Recent statements of the doctrine [473]
- The President as law enforcer [475]
- Types of executive power [475]
- How the President's own powers are exercised [476]
- Power and duty of the President in relation to subordinate executive officers [478]
- Administrative Decentralization v. Jacksonian Centralism [478]
- Congressional Power v. Presidential Duty to the Law [479]
- Myers Case v. Humphrey Case [480]
- Power of the President to guide enforcement of the penal law [481]
- President as law interpreter [481]
- Military power in law enforcement: the posse comitatus [482]
- Suspension of Habeas Corpus by President [484]
- Preventive martial law [484]
- Debs case [484]
- Status of the Debs case, today [485]
- President's duty in cases of domestic violence [486]
- President as executive of the law of nations [486]
- Protection of American rights of person and property abroad [487]
- Presidential world policing [488]
- The Atlantic Pact [488]
- Presidential action in the domain of Congress: Steel Seizure Case [489]
- Presidential immunity from judicial direction [499]
- President's subordinates and the courts [500]
- Section 4. Impeachment [501]
- Impeachment [501]
- "Civil" officer [501]
- "High crimes and misdemeanors" [502]
- Chase impeachment [502]
- Johnson impeachment [503]
- Later impeachments [503]
EXECUTIVE DEPARTMENT
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:
The Nature and Scope of Presidential Power