Constitution of the United States
II
- Jurisdiction
- United States of America
- Provision
- II
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official sourceSection. 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, and, 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 Profit under the United States, shall be
appointed an Elector.
[The Electors shall meet in their respective
States, and vote by Ballot for two Persons, of whom
one at least shall not be an Inhabitant of the same
State with themselves. And they shall make a List
of all the Persons voted for, and of the Number of
Votes for each; which List they shall sign and cer-
tify, and transmit sealed to the Seat of the Govern-
ment 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,
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if such Number be a Majority of the whole
Number of Electors appointed; and if there be more
than one who have such Majority, and have an
equal Number of Votes, then the House of
Representatives shall immediately chuse by Ballot
one of them for President; and if no Person have a
Majority, 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 quorum for this Pur-
pose shall consist of a Member or Members from
two thirds of the 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.]*
The Congress may determine the Time of
chusing the Electors, and the Day on which they
shall give their Votes; which Day shall be the same
throughout the United States.
No Person except a natural born Citizen, or a
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
attained to the Age of thirty five Years, and been
fourteen Years a Resident within the United States.
[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
*Changed by the Twelfth Amendment.
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of Removal, Death, Resignation or Inability,
both of the President and Vice President, declaring
what Officer shall then act as President, and such
Officer shall act accordingly, until the Disa-
bility be removed, or a President shall be elected.]*
The President shall, at stated Times, receive for
his Services, a Compensation, which shall neither
be increased 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 Office,
he shall take the following 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, pro-
tect 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 prin-
cipal 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 Offenses 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 con-
cur; 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
*Changed by the Twenty-Fifth Amendment.
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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.
Section. 4. 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.
Source record
Source and verification
Constitution of the United States · govinfo.gov · Retrieved 17 August 2026.
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