Article II. Executive Department

EXECUTIVE DEPARTMENT

CONTENTS

• Section 1. The President
  • Clause 1. Powers and Term of the President
    • Nature and Scope of Presidential Power
      • Creation of the Presidency
      • Executive Power: Theory of the Presidential Office
        • Hamilton and Madison
        • The Myers Case
        • The Curtiss-Wright Case
        • The Youngstown Case
        • The Practice in the Presidential Office
      • Executive Power: Separation-of-Powers Judicial Protection
    • Tenure
  • Clauses 2 and 3. Election
  • Clause 4. Election
    • Electoral College
      • “Appoint”
      • State Discretion in Choosing Electors
      • Constitutional Status of Electors
      • Electors as Free Agents
  • Clause 5. Qualifications
  • Clause 6. Presidential Succession
  • Clause 7. Compensation and Emoluments
  • Clause 8. Oath of Office
• Section 2. Powers and Duties of the President
  • Clause 1. Commander-in-Chiefship; Presidential Advisers; Pardons
    • Commander-in-Chief
      • Development of the Concept
        • The Limited View
        • The Prize Cases
        • Impact of the Prize Cases on World Wars I and II
      • Presidential Theory of the Commander-in-Chiefship in World War II–and Beyond
        • Presidential War Agencies
        • Constitutional Status of Presidential Agencies
        • Evacuation of the West Coast Japanese
        • Presidential Government of Labor Relations
        • Sanctions Implementing Presidential Directives
        • The Postwar Period
      • The Cold War and After: Presidential Power to Use Troops Overseas Without Congressional Authorization
        • The Historic Use of Force Abroad
        • The Theory of Presidential Power
        • The Power of Congress to Control the President’s Discretion
      • The President as Commander of the Armed Forces
        • The Commander-in-Chief a Civilian Officer
      • Martial Law and Constitutional Limitations
        • Martial Law in Hawaii
        • Articles of War: The Nazi Saboteurs
        • Articles of War: World War II Crimes
        • Articles of War: Response to the Attacks of September 11, 2001
        • Martial Law and Domestic Disorder
    • Presidential Advisers
      • The Cabinet
    • Pardons and Reprieves
      • The Legal Nature of a Pardon
      • Scope of the Power
        • Offenses Against the United States; Contempt of Court
        • Effects of a Pardon: Ex parte Garland
        • Limits to the Efficacy of a Pardon
      • Congress and Amnesty
  • Clause 2. Treaties and Appointment of Officers
    • The Treaty-Making Power
      • President and Senate
        • Negotiation, a Presidential Monopoly
      • Treaties as Law of the Land
        • Origin of the Conception
        • Treaties and the States
        • Treaties and Congress
        • Congressional Repeal of Treaties
        • Treaties versus Prior Acts of Congress
        • When Is a Treaty Self-Executing
        • Treaties and the Necessary and Proper Clause
      • Constitutional Limitations on the Treaty Power
      • Interpretation and Termination of Treaties as International Compacts
        • Termination of Treaties by Notice
        • Determination Whether a Treaty Has Lapsed
        • Status of a Treaty a Political Question
      • Indian Treaties
        • Present Status of Indian Treaties
    • International Agreements Without Senate Approval
      • Executive Agreements by Authorization of Congress
        • Reciprocal Trade Agreements
        • The Constitutionality of Trade Agreements
        • The Lend-Lease Act
        • International Organizations
      • Executive Agreements Authorized by Treaties
        • Arbitration Agreements
        • Agreements Under the United Nations Charter
        • Status of Forces Agreements
      • Executive Agreements on the Sole Constitutional Authority of the President
        • The Litvinov Agreement
        • The Hull-Lothian Agreement
        • The Post-War Years
      • The Domestic Obligation of Executive Agreements
      • State Laws Affecting Foreign Relations—Dormant Federal Power and Preemption
    • The Executive Establishment
      • Office
        • Ambassadors and Other Public Ministers
        • Presidential Diplomatic Agents
      • Appointments and Congressional Regulation of Offices
        • Congressional Regulation of Conduct in Office
        • The Loyalty Issue
        • Financial Disclosure and Limitations
        • Legislation Increasing Duties of an Officer
      • Stages of Appointment Process
        • Nomination
        • Senate Approval
        • When Senate Consent Is Complete
      • The Removal Power
        • The Myers Case
        • The Humphrey Case
        • The Wiener Case
        • The Watergate Controversy
        • The Removal Power Rationalized
        • Other Phases of Presidential Removal Power
      • The Presidential Aegis: Demands for Papers
        • Private Access to Government Information
        • Prosecutorial and Grand Jury Access to Presidential Documents
        • Congressional Access to Executive Branch Information
  • Clause 3. Vacancies during Recess of Senate
    • Recess Appointments
      • Judicial Appointments
      • Ad Interim Designations
• Section 3. Legislative, Diplomatic, and Law Enforcement Duties of the President
  • Legislative Role of the President
  • The Conduct of Foreign Relations
    • The Right of Reception: Scope of the Power
    • The Presidential Monopoly
      • The Logan Act
      • A Formal or a Formative Power
      • The President’s Diplomatic Role
      • Jefferson’s Real Position
    • The Power of Recognition
      • The Case of Cuba
      • The Power of Nonrecognition
    • Congressional Implementation of Presidential Policies
    • The Doctrine of Political Questions
      • Recent Statements of the Doctrine
  • The President as Law Enforcer
    • Powers Derived from This Duty
    • Impoundment of Appropriated Funds
    • Power and Duty of the President in Relation to Subordinate Executive Officers
      • Administrative Decentralization Versus Jacksonian Centralism
      • Congressional Power Versus Presidential Duty to the Law
      • Myers Versus Morrison
      • Power of the President to Guide Enforcement of the Penal Laws
    • The President as Law Interpreter
    • Military Power In Law Enforcement: The Posse Comitatus
    • Suspension of Habeas Corpus by the President
    • Preventive Martial Law
      • The Debs Case
      • Present Status of the Debs Case
    • The President’s Duty in Cases of Domestic Violence in the States
    • The President as Executor of the Law of Nations
  • Protection of American Rights of Person and Property Abroad
    • Congress and the President versus Foreign Expropriation
  • Presidential Action in the Domain of Congress: The Steel Seizure Case
    • The Doctrine of the Opinion of the Court
    • The Doctrine Considered
    • Power Denied by Congress
  • Presidential Immunity from Judicial Direction
    • Unofficial Conduct
    • The President’s Subordinates
  • Commissioning Officers
• Section 4. Impeachment
  • Impeachment
  • Persons Subject to Impeachment
    • Judges
  • Judgment–Removal and Disqualification
  • Impeachable Offenses
  • The Chase Impeachment
  • Other Impeachments of Judges
  • The Johnson Impeachment
  • The Nixon Impeachment
  • The Clinton Impeachment
  • Judicial Review of Impeachments