Article II  Executive Branch

• Overview of Article II, Executive Branch
• Section 1 Function and Selection
  • Clause 1 President's Role
    • Overview of Executive Vesting Clause
    • Historical Background on Executive Vesting Clause
    • Early Perspectives on Executive Power
    • The President's Powers, Myers, and Seila
    • The President's Powers and Youngstown Framework
    • Separation of Powers and Executive Branch Functions
    • Major Questions Doctrine and Administrative Agencies
    • The President's Foreign Affairs Power, Curtiss-Wright, and Zivotofsky
    • Term of the President
  • Clause 2 Electors
    • Overview of Electors Appointment Clause
    • Historical Background on Electors Appointments Clause
    • State Discretion Over Selection of Electors
    • Legal Status of Electors
    • Discretion of Electors to Choose a President
  • Clause 3 Electoral College Count
    • Electoral College Count Generally
  • Clause 4 Electoral Votes
    • Timing of Electoral Votes Generally
  • Clause 5 Qualifications
    • Qualifications for the Presidency
  • Clause 6 Succession
    • Succession Clause for the Presidency
  • Clause 7 Compensation and Emoluments
    • Emoluments Clause and Presidential Compensation
  • Clause 8 Presidential Oath of Office
    • Oath of Office for the Presidency
      • Oath of Office for the Presidency Generally
      • Presidential Oath’s Effect on Executive Power
      • Faithful Execution of the Office
      • Relationship with Article VI Oaths
      • Violation of the Presidential Oath
• Section 2 Powers
  • Clause 1 Military, Administrative, and Clemency
    • Executive Departments
    • Commander in Chief
      • Historical Background on Commander in Chief Clause
      • Prize Cases and Commander in Chief Clause
      • Wartime Powers of President in World War II
      • Evacuation of the West Coast Japanese
      • The President and Labor Relations in World War II
      • Presidential Directives and Sanctions in World War II
      • Treatment of Enemy Combatants and Nazi Saboteurs
      • World War II War Crimes Tribunals
      • Postwar Period and Commander in Chief Clause
      • Use of Troops Overseas and Congressional Authorization
      • Presidential Power and Commander in Chief Clause
      • Congressional Control Over President's Discretion
      • President as Commander of Armed Forces
      • Martial Law Generally
      • Martial Law in Hawaii
      • Martial Law and Domestic Disorder
      • Response to Terrorist Attacks of September 11, 2001
      • Detention Authority
      • Military Commissions
    • Pardons
      • Overview of Pardon Power
      • Historical Background on Pardon Power
      • Pardon Power and Forms of Clemency Generally
      • Scope of Pardon Power
      • Rejection of a Pardon
      • Legal Effect of a Pardon
      • Congress's Role in Pardons
      • Presidential Self-Pardons
      • Types
        • Pardons Generally
        • Amnesties
        • Commutations, Remissions, and Reprieves
  • Clause 2 Advice and Consent
    • Treaty-Making Power
      • Overview of President's Treaty-Making Power
      • Historical Background on Treaty-Making Power
      • Scope of Treaty-Making Power
      • Self-Executing and Non-Self-Executing Treaties
      • Congressional Implementation of Treaties
      • Interpreting Treaties
      • Legal Effect of Treaties on Prior Acts of Congress
      • Preemptive Effect of Treaties
      • Effect of Treaties on the Constitution
      • Breach and Termination of Treaties
    • Alternatives to Treaties
      • Overview of Alternatives to Treaties
      • Legal Basis for Executive Agreements
      • Legal Effect of Executive Agreements
      • State Laws Affecting Foreign Relations
      • Congressional Executive Agreements
    • Appointments
      • Overview of Appointments Clause
      • Historical Background on Appointments Clause
      • Process of Appointment for Principal Officers
      • Ambassadors, Ministers, and Consuls Appointments
      • Appointments of Justices to the Supreme Court
      • Creation of Federal Offices
      • Creation of Federal Offices with Blended Features
      • Federal Versus Territorial Officers
      • Restrictions on Congress's Authority
      • Officer and Non-Officer Appointments
      • Departments Heads and Courts of Law
      • Changing the Duties of an Existing Officer
      • Interbranch Appointments
      • Principal and Inferior Officers
        • Overview of Principal and Inferior Officers
        • Early Doctrine on Principal and Inferior Officers
        • Modern Doctrine on Principal and Inferior Officers
      • Removals
        • Overview of Removal of Executive Branch Officers
        • Decision of 1789 and Removals in Early Republic
        • Removals in Jacksonian America Through the Nineteenth Century
        • Removals in the 1920s
        • Removals in the 1930s
        • Later Twentieth Century Cases on Removal
        • Twenty-First Century Cases on Removal
  • Clause 3 Senate Recess
    • Overview of Recess Appointments Clause
    • Recess Appointments of Article III Judges
• Section 3 Duties
  • The President's Legislative Role
  • Head of State
    • Early Doctrine on Receiving Ambassadors and Public Ministers
    • Specific Cases on Receiving Ambassadors and Public Ministers
    • Modern Doctrine on Receiving Ambassadors and Public Ministers
  • Enforcer of Laws
    • Overview of Take Care Clause
    • Who Can Fulfill the Take Care Duty
    • Relationship Between Take Care Clause and President's Removal Power
    • Removal Power as the President's Primary Means of Supervision
    • Interpretations of Law as Part of the President's Take Care Duties
    • The President's Take Care Duties and International Law
    • Impounding Appropriated Funds
  • Executive Privilege
    • Overview of Executive Privilege
    • Defining Executive Privileges
    • State Secrets Privilege
    • Presidential Communications Privilege Generally
    • Congressional Access to Presidential Information
    • Prosecutorial and Grand Jury Access to Presidential Information
    • Statutory Requirements and Communications Privilege
    • Separation of Powers and Communications Privilege
    • Former Presidents and Communications Privilege
    • Deliberative Process and Law Enforcement Privileges
  • Presidential Immunity
    • Presidential Immunity to Suits and Official Conduct
    • Presidential Immunity to Suits and Unofficial Conduct
    • Qualified Immunity Doctrine
    • Criminal Prosecution, Presidential Immunity and Former Presidents
• Section 4 Impeachment
  • Overview of Impeachment Clause
  • Offices Eligible for Impeachment
  • Future of Impeachment Remedy
  • Impeachable Offenses
    • Overview of Impeachable Offenses
    • Historical Background on Impeachable Offenses
    • Jurisprudence on Impeachable Offenses (1789–1860)
    • President Andrew Johnson and Impeachable Offenses
    • Jurisprudence on Impeachable Offenses (1865–1900)
    • Early Twentieth Century Jurisprudence on Impeachable Offenses
    • President Richard Nixon and Impeachable Offenses
    • President Bill Clinton and Impeachable Offenses
    • President Donald Trump and Impeachable Offenses
    • Judicial Impeachments