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  1. LII
  2. U.S. Constitution Annotated
  3. Article II. EXECUTIVE DEPARTMENT

    ARTICLE II
    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 Zivotofsky Case
          • The Practice in the Presidential Office
        • Executive Power: Separation-of-Powers Judicial Protection
      • Tenure
    • Clauses 2–4. 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 Regulations
          • 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
          • Inferior Officers
        • 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 The “Take Care” 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 Law
      • 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 Proceedings
      • The Clinton Impeachment
      • Judicial Review of Impeachments

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