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U.S. Constitution study guide: Difference between revisions
U.S. Constitution study guide (view source)
Revision as of 14:57, 23 November 2021
, 23 November 2021→Article II (establishes the Executive branch and its powers, limits, and duties)
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== Article II (establishes the Executive branch and its powers, limits, and duties) == | == Article II (establishes the Executive branch and its powers, limits, and duties) == | ||
'''{{#tip-text: Article II|"Executive power" | '''{{#tip-text: Article II overview|"Executive power" | ||
* "execute" means "to carry out" | * "execute" means "to carry out" | ||
* therefore the "executive branch" is to "carry out" (execute) the laws | * therefore the "executive branch" is to "carry out" (execute) the laws | ||
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=== Section 1. (Establishes the office the President)=== | === Section 1. (Establishes the office the President)=== | ||
'''{{#tip-text: Section 1.|Establishes the Executive branch (presidency) | |||
'''{{#tip-text: Section 1. overview|Establishes the Executive branch (presidency) | |||
* sets the terms & requirements for the President (partially changed by 12th Amendment) | * sets the terms & requirements for the President (partially changed by 12th Amendment) | ||
* including the Electoral College (EC) | * including the Electoral College (EC) | ||
* EC= president selected by the states according to their representation in both houses of Congress | * EC= president selected by the states according to their representation in both houses of Congress | ||
* sets process for removal (impeachment)}}''' | * sets process for removal (impeachment)}}''' | ||
The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the '''{{#tip-text:Term of four Years|Term of four years | The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the '''{{#tip-text:Term of four Years|Term of four years | ||
* Representatives serve two year terms, Senators six | * Representatives serve two year terms, Senators six | ||
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=== Section 2. (Powers and roles of the President) === | === Section 2. (Powers and roles of the President) === | ||
'''{{#tip-text: Section 2.|Powers and roles of the President, including: | '''{{#tip-text: Section 2. overview|Powers and roles of the President, including: | ||
* Commander in chief of the military | * Commander in chief of the military | ||
* Can grant pardons | * Can grant pardons | ||
* Chief diplomat (with Senate concurrence (agreement)) | * Chief diplomat (with Senate concurrence (agreement)) | ||
* Appoints executive officers (with Senate concurrence (agreement)) | * Appoints executive officers (with Senate concurrence (agreement)) | ||
* Appoints federal Judges (with Senate concurrence (agreement)}}''' | * Appoints federal Judges (with Senate concurrence (agreement)}}''' | ||
The President shall be '''{{#tip-text:Commander in Chief|Commander in Chief | The President shall be '''{{#tip-text:Commander in Chief|Commander in Chief | ||
* a core problem with Continental Congress (under Articles of Confederation) was the absence of an executive who could give direct oversight of the military (instead, the military reported directly to the Congress) | * a core problem with Continental Congress (under Articles of Confederation) was the absence of an executive who could give direct oversight of the military (instead, the military reported directly to the Congress) | ||
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=== Section 3. (Requirements & duties of the presidency)=== | === Section 3. (Requirements & duties of the presidency)=== | ||
'''{{#tip-text: Section 3. overview|Requirements and duties of the President, including: | |||
* occasional State of the Union report requirement | |||
* power to recommend legislation (which means can't introduce it to Congress directly) | |||
* power to convene a Congress | |||
* power to resolve disagreement between the House and Senate over date of adjournment of a Congress | |||
* receive foreign diplomats | |||
* duty to "faithfully" execute (carry out) the laws | |||
* power to "commission" officers of the government (put them into office after concurrence from the Senate)}}''' | |||
He shall from time to time give to the Congress '''{{#tip-text:Information of the State of the Union|State of the Union address | He shall from time to time give to the Congress '''{{#tip-text:Information of the State of the Union|State of the Union address | ||
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* however, the President also has the sole power to "commission" them, which means that even if an officer has been approved by the Senate, the President alone has the power to install that person in the office (or not)}}'''. | * however, the President also has the sole power to "commission" them, which means that even if an officer has been approved by the Senate, the President alone has the power to install that person in the office (or not)}}'''. | ||
==={{#tip-text: Section | === Section 4. (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. | |||
'''{{#tip-text: Section 3. overview|Impeachment | |||
* Section 4 subjects the President, Vice President and all "office | |||
The President, Vice President, and all civil Officers of the United States, '''{{#tip-text: shall be removed from Office on Impeachment|Impeachment | |||
* the extent of impeachment is removal from office only | |||
* does not imply any criminal or other legal actions | |||
* "civil Officers" = non-military government officials in the Executive and Judicial branches (and not the Legislature) | |||
* the military has a different set of standards for removal of officers | |||
* Article I, Section 2 (House) gives the power of Impeachment (making the charge for removal) to the House by a simple majority vote | |||
* Article I, Section 3 (Senate) gives the Senate "sole Power to try all Impeachments" with the Chief Justice of the Supreme Court to preside as judge and conviction requires two-thirds (super-majority) vote (of "Members present")}}''' for, and Conviction of, Treason, Bribery, or other High Crimes and Misdemeanors. | |||
=={{#tip-text: Article III |}}== | =={{#tip-text: Article III |}}== | ||