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Article II: The Executive Branch

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Article II vests the executive authority in the president. In other words, it gives the president the power to carry out the laws. However, the ambiguity of the opening sentence of Article II has led to considerable debate about the precise scope of executive power. Unlike the opening of Article I, the opening of Article II does not limit powers to those “herein granted,” even though Article II does contain enumerated powers. It simply says, “The executive Power shall be vested in a President of the United States of America.” Does the omission of the words “herein granted” give presidents greater leeway than Congress? People disagree about the answer to this question. As we shall see in Chapter 12, three quite different interpretations of the scope of presidential power have emerged.

implied powers Powers that are not specifically enumerated in the Constitution but are considered “necessary and proper” to carry out the enumerated powers.

Article II, Section 2 enumerates specific powers of the president, such as serving as commander-in-chief of the armed forces, granting pardons, negotiating treaties, and appointing specified officials with the advice and consent of the Senate. In addition, Article II spells out the way in which presidents will be elected and eligibility requirements for the office (Section 1); it requires that the president give information to Congress about the state of the union and recommend for its consideration such measures as he deems necessary and expedient and that he “take Care that the Laws be faithfully executed” (Section 3); and it provides guidelines for the president’s impeachment and removal from office (Section 4).

American Democracy in Context

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