Article II:
Executive Department
Summary
The executive power is vested in a President of the United States. The President is Commander-in-chief of all security forces of the United States and chief executive of all administrative departments to whom they owe due diligence. With advice and consent of the Senate, he or she appoints public administrators, counsels, judges of the Supreme Court, and other officers of the United States.
The President is required to give the Legislature information on the state of the United States and recommend for their consideration measures believed necessary and expedient. He or she takes care that the laws are faithfully executed and commissions all officers of the United States.
Section II.1.
President and Vice-President
Summary
Authority to execute and enforce the laws of the United States is invested in a single person, termed the President. He or she is appointed by electors, chosen by citizens of states’ representative districts, for four years, and must meet certain age and citizenship requirements. The president is required to take an oath of office to honor, sustain and defend the Constitution.
Section II.1.
President and Vice-President
Summary
Authority to execute and enforce the laws of the United States is invested in a single person, termed the President. He or she is appointed by electors, chosen by citizens of states’ representative districts, for four years, and must meet certain age and citizenship requirements. The president is required to take an oath of office to honor, sustain and defend the Constitution.
II.1.1. Executive Power Vested
The Executive power shall be vested in a President of the United States. . . (U.S.C. II.1.1.)
- All administrative duties of the government are assigned to the President.
- Authority vested in a single person optimizes energy, efficiency, impartiality, accountability, and trust. On this point, Alexander Hamilton has written:
- Energy in the Executive is a leading character in the definition of good government. It is essential to the protection of the community against foreign attacks; it is not less essential to the steady administration of the laws; to the protection of property against those irregular and high-handed combinations which sometimes interrupt the ordinary course of justice; to the security of liberty against the enterprises and assaults of ambition, of faction, and of anarchy. … The ingredients which constituted energy in the executive are unity, duration, and adequate provision for its support; . . . Decision, activity, secrecy and dispatch will generally characterize the proceedings of one man in a much more eminent degree than any greater number. (Federalist Papers, 70)
- Having more than one executive also tends to conceal faults and disguise responsibility.
- In recent years, the Administration has become so large and bureaucratic that the President cannot possibly keep abreast of everything. He or she must have trusted Bureau heads to rely on. These must be carefully chosen, vetted and approved by the Senate.
- A President who is a figurehead for another person or a clandestine cabal or power, is disallowed by this provision.
II.1.2. Electors
The Legislature of each State shall appoint two Electors, and the registered voters of each legislative district shall vote for one Elector who shall be an inhabitant of the district with themselves; and, each Elector shall have one vote. Electors shall have the same qualifications as Representatives]; but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an Elector. (U.S.C. II.1.2.)
- This new procedure for selecting electors gives the citizens of each Representative district an independent choice on who shall represent them. Two electors selected by the State Legislature, represent the State. In this way, the interests of larger and smaller State are represented, the interests of all registered voters are represented, and the formation of power-blocs is discouraged.
- Having the registered voters of each Legislative district vote for their own Elector better represents districts with minority views, and more equitably represents the mix of opinions of the citizens than if all Electors were to vote as a bloc for a single candidate.
- Selecting the Executive entirely by the United States Legislature, as done in some nations like when a Prime Minister is elected by Parliament, would void the separation of powers principle.
- Having two of the Electors appointed by State Legislatures moderates somewhat the easily swayed popular vote.
- Electors are chosen from among the general population rather than a faction within the government who might conspire with its colleagues for special favors.
II.1.3. Mode of Elections
The Electors shall meet in their respective State, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;–The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;–The person having the greatest number of votes for President shall be President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by State, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the State, and a majority of all State shall be necessary to a choice. (U.S.C. Amend 12) The person having the greatest number of votes as Vice-President shall be the Vice-President, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. If at the time fixed for the beginning of the term of the President, the President shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of the term, or if the President elect shall have failed to qualify, then the Vice-President elect shall act as President until a President shall have qualified (U.S.C. Amend. 20.3). If, there is neither a President nor Vice President to discharge the powers and duties of the office of President, then the Speaker of the House of Representatives shall, upon his resignation as Speaker and as Representative in Congress, act as President. And if, there is no Speaker, or the Speaker fails to qualify as Acting President, then the President pro tempore of the Senate shall, upon his resignation as President pro tempore and as Senator, act as President. (3 U.S. Code, Section 19)
- This describes the procedure for electing the President and Vice-President and gives several methods for effecting a peaceful transition of power should something happen to the President.
II.1.4. Time of Choosing Electors
The [Legislature] may determine the time of choosing the Electors and the day on which they shall give their votes, which day shall be the same throughout the United States. (U.S.C. II.1.4.)
- The Electors meet on the same day for the sake of regularity and uniformity.
II.1.5. Citizenship Requirements
No person except a natural born citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have [met the age and citizenship requirements to be determined]. (U.S.C. II.1.5.)
- The President must be a native born fellow citizen.
- The age requirement makes it more likely he or she will be sufficiently mature.
- The citizenship requirement means the President will have lived among the people he serves for a long time, is familiar with their laws and customs, and has proved his or her loyalty.
- Larger United States require greater maturity and experience, and longer citizenship to assure loyalty.
II.1.6. Filling Vacancies
The Vice President shall take the place of President in case of temporary disability and succeed the President in case of vacancy.] (Skousen, The Making of America, p. 530.) Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of the [Legislature]. (U.S.C. Amend. 25, Sec. 2)
- Amendment 25 was added to the U.S. Constitution. Only Section 2 is included here. The rest is not included due to its excessive verbiage and unnecessary provisions. There is already a procedure in place to remove an evil or incompetent President, the impeachment process. Including the rest of the text of this Amendment would give the Legislature control over the Executive, and is therefore not included.
II.1.7. President's Salary
The President shall, at stated times, receive for service, a compensation, which shall neither be increased nor diminished during the period for which he [or she] shall have been elected, and shall not receive within that period any other emolument from the United States or any State. (U.S.C. II.1.7.)
- The President knows in advance what his salary will be. And by setting it thusly, the Legislature cannot use bribery such as a pay increase or lavish expense account, or intimidation such as threatening to reduce salary or benefits.
- This clause protects the separation of powers. Were the President’s compensation to reflect the whims of another branch or agency, it could bias his or her conduct.
- Compensation must be generous enough to cover all necessary expenses so that he is free from reliance upon outside groups or organizations.
II.1.8. Oath of Office
Before [entering on the execution of office, the President] shall take the following oath or affirmation:
I do solemnly swear (or affirm) that I will faithfully execute the office of President of [name of United States], and will to the best of my ability, preserve, protect and defend the Constitution of [name of United States]). (U.S.C. II.1.8.)
- Requiring the President to take this oath is a reminder of his or her solemn promise to preserve, protect and defend the Constitution. It also assures the people that their President is committed by a sacred promise to fulfill all required duties.
- Because of this sacred trust, the President must veto all laws deemed unconstitutional, even if passed by the Legislature, and must execute all others, even if disagreeable.
Section II.2.
General Executive Powers
II.2.1. Commander in Chief
The President shall be commander in chief of [all security forces of the United States (U.S.C. II.2.1), and of the Civilian Military Corps of the several State when called into actual service of the United States
- The President is given command over all security forces of the United States, including police, guard, and civilian military corps when called to service.
- A single authority is best for restraining criminal activity with speed and effect.
- Having an elected civilian in command protects the people from a military dictatorship.
- The President has command over the civilian military corps, but only that part of them called into actual service of the United States.
II.2.2. Appointment of Public Officers
The President] shall nominate, and by and with the advice and consent of the Sente, appoint public administrators and consuls, judges of the Supreme Court, and all other officers of the United States whose appointments are not herein otherwise provide for, and which shall be established by law; but the [Legislature] 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. (U.S.C. II.2.2.)
- This clause authorizes the President to choose his or her own subordinates.
- The President, acquainted closely with the needs of the executive department and critical situations that may arise, can make better and timelier appointments than the Legislature.
- Assigning responsibility for appointment to the Executive creates a clear line of authority.
- Appointment of officers by a large body, like the House or Senate, would take time, involve negotiations, discussions and debates. It would hinder the work of both legislation and execution of the laws.
- To ensure that the best candidates are selected for each position, Senatorial advice and consent are required.
- A simple majority of Senators may confirm or deny an appointment. Requiring more than a majority for confirmation would advantage the minority which could more easily prevent a confirmation.
- The Legislature may allow the President to make routine appointments and appoint lesser officers. An elaborate conformation procedure for every officer would be a waste of time. However, if lesser officers become more important in the future, the Legislature can require that the Senate give their advice and consent before such officers are installed.
II.2.3. Filling Vacancies
The President shall have the 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.
- This clause directs the President to fill vacant positions when the Senate is not in session, ensuring that important positions are kept filled so that the government can continue to operate effectively.
- Conversely, if the government can run effectively without filling some vacant positions, perhaps those positions are not needed.
- Temporary appointments expire at the end of the next session unless confirmed by the Senate.
- Requiring Senatorial approval prevents a designing executive from appointing dishonest and scheming associates and setting up a junta or cabal.
Section II.3.
Other Powers and Duties of the President
II.3.1. Other Duties
The President shall from time to time give to the [Legislature] information of the state of the United States and recommend for their consideration such measures as he [or she] shall judge necessary and expedient; and, on extraordinary occasions, convene both houses, or either of them, and in case of disagreement between them with respect to the time of adjournment, he [or she] may adjourn them to such time as he [or she] shall think proper;
- While there should be informal sharing of information between the President and the Legislature as needs arise, and the Vice-President is the President of the Senate, this clause requires formal presentations to the Legislature on the State of the United States. This State of the Union address has usually been given annually or as needed during a time of crisis.
- The President may make recommendations to the Legislature at any time. This does not violate the separation of powers doctrine because, although invited to consider the President’s recommendations, the Legislature is not required to enact them.
- The President may convene the Legislature when there is a crisis or special need, such as calling forth the Civilian Military Corps, obtaining money for an emergency, or approve a treaty.
- Although the President may adjourn the Legislature when there is a disagreement between the Houses, he or she cannot adjourn them indefinitely. They must assemble at least annually.
Section II.4.
Treason and Dereliction of Duty
II.4.1. Conditions for Impeachment
The President, Vice President, and all civil officers of the United States shall be removed from office on impeachment for, and conviction of treason, bribery, or other high crimes and misdemeanors (U.S.C. II.4.1.), including extortion, accepting, claiming, receiving, or retaining any title of nobility or honor, or without the consent of the Legislature, accepting and retaining any present, pension, office, or emolument of any kind whatsoever, from any emperor, king, prince, or foreign power. (Original 13th Amendment, not ratified by States)
- Impeachment extends only to officers of the United States, not to members of the Legislature or officers of any State.
- Impeachment is for high crimes and misdemeanors in a public capacity. Those guilty of crimes and misdemeanors against individuals may be tried and prosecuted in a court of law, like any other citizen.
- Impeachment is a procedure for removing an inept or traitorous officer, averting the need for an assassination or insurrection.
- The original 13th Amendment applied not only to officers of the United States, but to all citizens, and the penalty included loss of citizenship. As stated here its reference to all citizens has been removed. Therefore, laws would be needed to clarify the intent of this provision. For example, a distinction must be made between earned equity or interest from normal investments (legal) and gratuitous options (bribes) received in exchange for special favors to a foreign power or entity.
II.4.2. Dereliction of Duty
For failure or inability to discharge the powers and duties of their office. (II.4.1. cont.)
Dereliction of duty or moral weakness on the part of some executives in the United States government, whether on purpose or otherwise, has been the cause of great harm and embarrassment to the nation. Some examples are:
- During the early 1830’s several Southern states wanted land occupied by Cherokee and other Native American nations. They allowed white settlers to encroach upon it. The Supreme Court ruled that the Indian nations were sovereign, and the Southern States had no right to assume otherwise. The Jackson administration failed to enforce the Court’s decision. The states then removed the Natives from their own land, with the loss of many lives and much suffering.
- Mormon settlers were forcibly driven from their lands in Missouri by mobs sanctioned by the Missouri government in 1838. Appeals for redress were sent through the courts to the Missouri government, then to the United States Congress and President Van Buren. Fearing he might lose the Missouri vote, Van Buren refused to intervene in the dispute.
- During the latter half of the 19th Century many treaties with American Indians were broken by the United States government, depriving these natives of their lands and forcing them onto reservations, many of which have poor soil, little potable water, and sparse vegetation.
- Foreign military campaigns, prosecuted by the executive but undeclared by Congress, have cost many young lives, hundreds of thousands of civilian The casualties and trillions of dollars:
- The Truman administration involved the United States in the Korean War.
- The Eisenhower administration began U. S. involvement in the Vietnam War and the Johnson administration sent ground troops.
- The Bush administration began the Afghanistan War in response to an attack on the World Trade Center. It was expanded by subsequent administrations to include hostilities against Iraq, and was poorly concluded, including a disastrous withdrawal from Afghanistan, leaving behind much equipment and broken promises.
- These unsuccessful campaigns, along with other interventions in the affairs of foreign nations, have contributed to loss of respect for the United States, both at home and abroad.
- The Biden administration during 2022-2024 failed to secure the Nation’s borders, resulting in an influx of millions of illegal aliens, many of whom refuse to assimilate into American society and even protest against their host country. Drug and sex trafficking across the unsecured borders, even of children, have added to the problem.
Section II.5.
Executive Powers Limited
II.5.1. Executive Orders Must be Lawful
The President, and all other officers of the United States shall issue no orders except as required by law. They shall make no regulation or any other unlawful requirement upon the people or State, except as permitted by law during a time of invasion or insurrection and which shall be rescinded within two years or when the emergency has passed, whichever comes first.
- This new clause is written to leave no doubt as to the limits of executive authority. The President is the servant of the people and protector of their rights and freedoms. He or she cannot assume the law-making function by imposing his or her will upon them in the form of executive orders and regulations, except for a limited time during a dire emergency, and then only as permitted by law.
- Declaring a perpetual state of emergency as an excuse for imposing executive will upon the people is unlawful and grounds for removal from office. A state of emergency should only be declared for a true emergency, such as an invasion, and only for a limited time.
- Executive authority must not run amok, such as in creating a massive governmental bureaucracy. Doing so loads a heavy burden upon the people.
- The government of a free society grows no food, builds no houses, manufactures no vehicles, provides no medicine or entertainment, generates no electricity and make no other useful products.
- The government DOES, on the other hand, perform valuable and essential services: writing laws, protecting rights, apprehending and punishing criminals, and representing the people in their dealings with other United States or Nations.
II.5.2. Appropriations Must Be Lawful and Accounted for
No money shall be drawn from the treasury but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.
- This is a repeat of Article I, Section 9.4. Because this requirement applies to the Executive as well as the Legislature, it is repeated here for emphasis.
Section II.6.
Additional National Executive Powers
II.6.1. Power to Make Treaties
he President of [the Nation] shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of [all] Senators concur. . . .
- The power to make treaties is important because it can obligate the entire Nation in matters of war, peace and commerce, and alter relations with foreign nations.
- Requiring a two-thirds vote of all Senators protects the government from being thrown into hasty or unwise agreements. It also prevents a small majority from collaborating with the President to approve a bad one.
- Treaties should be negotiated under tight security by men and women best qualified. The Senate, because of its smaller size, stability, and more experienced members, is the best Legislative body for this purpose.
- Treaties should be made for the public good. They should not be made to relinquish internal sovereignty to a world body, or to spend public money for specious purposes, or to further private ambitions, or to fill the coffers of international bankers and corporate officers.
II.2.2. Appointment of Public Officers
[The President] shall nominate, and by and with the advice and consent of the Sente, appoint public administrators and consuls, judges of the Supreme Court, and all other officers of the United States whose appointments are not herein otherwise provide for, and which shall be established by law; but the [Legislature] 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. (U.S.C. II.2.2.)
- This clause authorizes the President to choose his or her own subordinates.
- The President, acquainted closely with the needs of the executive department and critical situations that may arise, can make better and timelier appointments than the Legislature.
- Assigning responsibility for appointment to the Executive creates a clear line of authority.
- Appointment of officers by a large body, like the House or Senate, would take time, involve negotiations, discussions and debates. It would hinder the work of both legislation and execution of the laws.
- To ensure that the best candidates are selected for each position, Senatorial advice and consent are required.
- A simple majority of Senators may confirm or deny an appointment. Requiring more than a majority for confirmation would advantage the minority which could more easily prevent a confirmation.
- The Legislature may allow the President to make routine appointments and appoint lesser officers. An elaborate conformation procedure for every officer would be a waste of time. However, if lesser officers become more important in the future, the Legislature can require that the Senate give their advice and consent before such officers are installed.
Section I.7.
Procedure for Passing Laws
I.7.1. Revenue Bills
Only the people’s Representatives can originate tax bills.
Senators’ longer term in office and closer cooperation with the executive branch for long-term projects and international affairs, may dispose them to fund programs wanted by the President but not wanted by the people.
Although revenue bills must originate in the House, other bills, including spending bills, may originate in either chamber.
Printing money is counterfeiting and not allowed under this Constitution. It effectively steals from the people the value of their money without their consent.
I.7.2. Procedure for Passing Laws
Every bill which shall have passed the House of Representatives and Senate shall, before it becomes law, be presented to the President of the [United States]. If the [President] approves, he [or she] shall sign it, but if not, return it with objections to that House in which it shall have originated, who shall enter the objections at large on their journal and proceed to reconsider it. If, after such reconsideration two-thirds of that House shall agree to pass the bill, it shall be sent, together with the objections,
I.7.3. President’s Approval or Disapproval
With this procedure, the Legislature and President have reasonable checks on one another which protects the people from bad legislation.