12AD.4.1 Constitution of the United States

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Creator: Constitutional Convention. 5/14/1787-9/17/1787

Date: 1787 September 17

Format: Manuscript

Repository: National Archives and Records Administration

Preferred Citation:

Constitution of the United States. September 17, 1887. National Archives and Records Administration, Record Group 11, The Constitution of the United States, 9/17/1787 - 9/17/1787. https://catalog.archives.gov/id/1667751

Excerpt from Article II, Constitution of the United States: Section. 2. … Oath or Affirmation:—"I do solemnly swear (or affirm) 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 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. 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. 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. Section. 3. He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, 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 may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States. Some of the powers in the Constitution are explicitly stated. These are called expressed powers; they are direct, detailed, and clear. Other powers are implied, or suggested; they are indirect, broad, and vague and have been interpreted in many ways by the various branches of government. The ultimate interpretation of any of these powers lies in the United States Supreme Court, whose sole job is to determine if a law or action violates the Constitution. While the framers detailed what Congress could and could not do, they were much more vague in charting out the duties and powers of the president. What powers do you notice are explicit? Based on just this passage, what powers do you think are implied?

The Constitution was based on the idea of separate branches of government that would check on each other’s powers to avoid abuses by any one branch. This was rooted in the experiences of the framers of the Constitution, who came from governments of Europe in which the monarch, the executive branch of government, wielded the most power. While there are some shared powers in the system the framers created, most powers are divided among the executive, legislative, and judicial branches of government. Some of the powers in the Constitution are explicitly stated. These are called expressed powers; they are direct, detailed, and clear. Other powers are implied, or suggested; they are indirect, broad, and vague and have been interpreted in many ways by the various branches of government. The ultimate interpretation of any of these powers lies in the United States Supreme Court, whose sole job is to determine if a law or action violates the Constitution. While the framers detailed what Congress could and could not do, they were much more vague in charting out the duties and powers of the president.

Section. 2. … Oath or Affirmation:—"I do solemnly swear (or affirm) 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 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. 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. 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. Section. 3. He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, 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 may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.