Page:United States Statutes at Large Volume 18 Part 1.djvu/38

CONSTITUTION OF THE UNITED STA'l`ES-1787. 23 ARTICLE. II. S1-:t*rro:~:. 1. ‘ The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, und, together with the Vice President, chosen for the same Term. be elected, as follows " Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Prolit under the United States, shall be appointed an Elector. Chisholm, ex., 1-. Georgia, 2 Dall., 419; Leltensrlorfer etal. v. Webb, 20 How., 176. ["The electors shall meet in their respective States, and vote by ballot for two Persons, of whom one at least shall notbean Inhabitant of the same State with themselves. And theK_ shall make a List ol all the Persons voted for, and of the Number of Votes for each; w tch List they shall sign and certify, and transmit sealed to the Seat of the Govemment 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 shall be the President., if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majorit , and have an equal Number of Votes, then the House of Re resentatives shall immediately chuse by Ballot one of them for President; and if no Igerson have a Maj0rity,then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A nluorum for this Purpose shall consist of a Member or Members from two·thirds oft e States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice-President."] This clause has been superseded by the twelfth amendment, p. 30. ’ The Congress mav determine the Time of chuslng the Electors, and the Day on which they shall give their Votes; which Dav shall be the same throu bout the United States. ‘ No Person excerpt a natural born Citizen, or a Citizen of the gnited States, at the time of the Adoption of t is Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty tive Years, and been fourteen Years a Resident within the United States. English z·. the Trustees of the Sailors' Snug Harbor, 3 Pet., 99. ° In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death Resignation, or Inability, both of the President and Vice President, declaring what (htlieer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or 2. President shall be elected. ‘ The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them. ’ Before he enter on the Execution of his Oihce, he shall take the following Oath or Ailirmation:———" I do solemnly swear (or ailirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States? SECTION. 2. ‘ The President shall be Commander in Chief of the Army and N av 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 rincipal 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. United States v. Wilson, 7 Pet., 150; Ex rte William Wells, 18 How., 307; Ex vparte Garland, 4 Wall., 333; Armstrong’s Founallav, 6 Wall., 766; The Grape Shot, 9 all., 129; United States zu Padelford, 9 Wall., 542; United States v. Klein, 13 Wall., 128; Armstrong 1:. The United States, 13 Wall., 152; Pargond v. The United States, 13 Wall., 156; Hamilton v. Dillin, 21 Wall., 73; Mechanics and Traders' Bank r. Union Bank, 22 Wall.; 278; Lamar, ex., r. Browne et al., 92 U. S., 187; Wallach et al. 1-. Van Riswick, 92 U. S., 202. ’ 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