Article II

• Section 1 Function and Selection
  • Clause 1 Executive Vesting Clause
    • Clause 1 Executive Vesting Clause: Historical Background
    • Framers' Theory of the Presidency
    • Early Doctrine
    • Myers, Curtiss-Wright, and Youngstown
    • Separation-of-Powers Judicial Protection
    • Zivotofsky and Foreign Affairs Power
    • Term of the President
    • Implied or Inherent Powers
  • Clause 2 Electors
    • Historical Background on Electors
    • State Discretion Over 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 President
  • Clause 6 Succession
    • Succession of the President
  • Clause 7 Compensation and Emoluments
    • Emoluments Clause and Presidential Compensation
  • Clause 8 Oath of Office
    • Oath of Office for the Presidency
• Section 2 Powers
  • Clause 1 Exclusive Powers
    • Commander-in-Chief
      • Historical Background on the Commander-in-Chief Clause
      • The Prize Cases and the Commander-in-Chief Clause
      • Wartime Powers of the 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 the Nazi Saboteurs
      • World War II War Crimes Tribunals
      • The Postwar Period and the Commander-in-Chief Clause
      • Use of Troops Overseas and Congressional Authorization
      • Presidential Power and the Commander-in-Chief Clause
      • Congressional Control over the President's Discretion
      • The President as Commander of the 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
    • Presidential Advisors
    • Pardon Power
      • Overview of the Pardon Power
      • Historical Background on the Pardon Power
      • Pardon Power and Forms of Clemency Generally
      • Types
        • Pardons
        • Amnesties
        • Commutations, Remissions, and Reprieves
      • Scope of Pardon Power
      • Rejection of a Pardon
      • Legal Effect of a Pardon
      • Congress's Role in the Pardon Power
  • Clause 2 Shared Powers
    • Treaty-Making Power
      • Overview of the President's Treaty-Making Power
      • Historical Background on the Treaty-Making Power
      • Scope of the 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
      • Congressional Executive Agreements
    • Appointments
      • Overview of the Appointments Clause
      • Historical Background on the 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
      • Principal and Inferior Officers
        • Overview of Principal and Inferior Officers
        • Early Doctrine on Principal and Inferior Officers
        • Late Twentieth Century to the Present Doctrine on Principal and Inferior Officers
      • Departments Heads and Courts of Law
      • Changing the Duties of an Existing Officer
      • Interbranch Appointments
      • Removal of Executive Branch Officers
        • Overview of Removal of Executive Branch Officers
        • Decision of 1789 and Removals in the Early Republic
        • Removal in Jacksonian America Through the Nineteenth Century
        • Removal in the 1920s
        • Removal in the 1930s
        • Later Twentieth Century Cases on Removal
        • Twenty-First Century Cases on Removal
  • Clause 3 Senate Recess
    • Overview of the Recess Appointments Clause
    • Recess Appointments of Article III Judges
• Section 3 Legislative, Diplomatic and Law Enforcement Duties of the President
  • The President's Legislative Role
  • Receiving Ambassadors and Public Ministers
    • Early Doctrine on Receiving Ambassadors and Public Ministers
    • Specific Cases on Receiving Ambassadors and Public Ministers
    • Current Doctrine on Receiving Ambassadors and Public Ministers
  • Take Care Clause
    • Overview of the Take Care Clause
    • Who Can Fulfill the Take Care Duty
    • The Relationship Between the Take Care Clause and the 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
    • The State Secrets Privilege
    • The Presidential Communications Privilege Generally
    • Congressional Access to Presidential Information
    • Prosecutorial and Grand Jury Access to Presidential Information
    • Statutory Requirements and the Communications Privilege
    • Separation of Powers and the Communications Privilege
    • Former Presidents and the Communications Privilege
    • The 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
• Section 4 Impeachment
  • Impeachment: Overview
  • Offices Eligible for Impeachment
  • Future of the Impeachment Remedy
  • Impeachable Offenses
    • Impeachable Offenses: Overview
    • Impeachable Offenses: Historical Background
    • Antebellum Practices (1789–1860)
    • President Andrew Johnson
    • Post-Bellum Practices (1865–1900)
    • Early Twentieth Century Practices
    • President Richard Nixon
    • President Bill Clinton
    • President Donald Trump
    • Judicial Impeachments