Article II of the U.S. Constitution vests the executive power in the President of the United States, who serves as head of the executive branch and is responsible for faithfully executing the laws enacted by Congress. The President exercises checks on Congress through the veto power (Article I, § 7). Article II also establishes the office of Vice President, elected alongside the President (see Amendment XII), who serves as first in the line of succession and as President of the Senate. The Vice President’s practical role varies across administrations.
The Cabinet, composed of the Vice President and the heads of the fifteen executive departments, advises the President and manages the work of the executive branch.
The Cabinet-members are as follows:
- Vice President
- Secretary of State
- Secretary of the Treasury
- Secretary of Defense
- Attorney General
- Secretary of the Interior
- Secretary of Agriculture
- Secretary of Commerce
- Secretary of Labor
- Secretary of Health and Human Services
- Secretary of Housing and Urban Development
- Secretary of Transportation
- Secretary of Energy
- Secretary of Education
- Secretary of Veterans Affairs
- Secretary of Homeland Security
In addition, there are several officers that may have Cabinet-status
- White House Chief of Staff
- Administrator of the Environmental Protection Agency
- Director of the Office of Management & Budget
- United States Trade Representative
- Ambassador of the United States to the United Nations
- Chairman of the Council of Economic Advisers
- Administrator of the Small Business Administration
- Director of National Intelligence
The President has the discretion to include or exclude specific positions from Cabinet-level status. The executive branch also includes numerous departments and independent agencies that carry out administrative and regulatory functions.
The Vesting Clause
“The executive power shall be vested in a President of the United States of America.” U.S. Const. art. II, § 1.
This clause vests executive authority in a single individual. In Federalist No. 70, Alexander Hamilton emphasized the need for an “energetic executive,” arguing that unity in the presidency promotes “decision, activity, secrecy, and dispatch.”
Commander-in-Chief Clause
“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.” U.S. Const. art. II, § 2.
The President serves as civilian commander of the Armed Forces, ensuring military power remains subordinate to civil authority. Congress retains the power to declare war and regulate military funding (see Article I), and the War Powers Resolution of 1973 limits the President’s ability to deploy troops without congressional authorization to three circumstances:
- A congressional declaration of war,
- Specific statutory authorization, or
- A national emergency caused by an attack on the United States or its forces.
Reprieve and Pardon Power
“[The President] shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.” U.S. Const. art. II, § 2.
The pardon power allows the President to grant clemency for federal offenses. In United States v. Wilson, 32 U.S. (7 Pet.) 150, 160–61 (1833), Chief Justice Marshall described it as “an act of grace” derived from English legal tradition. Justice Holmes later explained in Biddle v. Perovich, 274 U.S. 480, 486 (1927), that the power reflects the “ultimate authority that the public welfare will be better served by inflicting less than what the judgment fixed.”
Treaty Clause
“[The President] shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur.” U.S. Const. art. II, § 2.
Treaty-making requires Senate approval by a two-thirds vote, ensuring broad national support. Treaties differ from other international agreements in domestic legal effect:
- Sole-executive agreements are made by the President alone, without Senate consent.
- Congressional-executive agreements are approved by a simple majority in both chambers of Congress.
- These are recognized internationally as treaties but lack the constitutional status of those ratified under Article II.
Appointments Clause
“[The President] 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…” U.S. Const. art. II, § 2.
Presidential appointments of high-ranking officials; including ambassadors, federal judges, and executive officers, require Senate confirmation by simple majority. Inferior officers may be appointed by the President alone, by the courts, or by department heads, as authorized by Congress. In United States v. Edmond, 520 U.S. 651, 663 (1997), the Court defined inferior officers as those “directed and supervised at some level” by principal officers. Similarly, in Morrison v. Olson, 487 U.S. 654, 671–72 (1988), the Court identified inferior officers as those subject to removal by a superior, performing limited duties within restricted jurisdiction or tenure.
Take Care Clause
“[The President] shall take care that the laws be faithfully executed.” U.S. Const. art. II, § 3.
This clause obliges the President to execute the law as enacted by Congress, not to alter or extend it. In Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579, 610 (1952), the Supreme Court emphasized that the President’s duty “does not go beyond the laws or require him to achieve more than Congress sees fit to leave within his power.”
[Last reviewed in November of 2025 by the Wex Definitions Team]