- Section 2 Powers
- Clause 1 Military, Administrative, and Clemency
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
- 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
- Historical Background on Commander in Chief Clause
- Pardons
- Executive Departments
- Clause 2 Advice and Consent
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
- 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
- Overview of President's Treaty-Making Power
- Alternatives to Treaties
- 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
- Removals
- Overview of Appointments Clause
- Treaty-Making Power
- Clause 3 Senate Recess
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.