PRESIDENT OF THE UNITED STATES OF AMERIC
(bouvier) | PRESIDENT OF THE UNITED STATES OF AMERICA. This is the title of the
executive officer of this country.
2. The constitution directs that the executive power shall be vested in
a president of the United States of America. Art. 2, s. 1.
3. This subject will be examined by considering, 1. His qualifications.
2. Hi's election. 3. The duration of his office. 4. His compensation. 5. His
powers.
4.-Sec. 1. No person except a natural born a 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 the age of thirty-five years, and
been fourteen years a resident within the United States. Art. 2, s. 1, n. 5.
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 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 disability be
removed, or a president shall be elected. Art. 2, s. 1, n. 6.
5.-Sec. 2. He is chosen by electors of president. (q.v.) See Const. U.
S. art. 2, s. 1, n. 2, 3, and 4; 1 Kent, Com. 273 Story on the Const. Sec.
1447, et seq. After his election and before he enters 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, protect
and defend the constitution of the United States." Article 2, s. 1, n. 8 and
9.
6.-Sec. 3. He holds his office for the term of four years; art. 2, s.
1, n. 1; he is reeligible for successive terms, but no one has ventured,
contrary to public opinion, to be a candidate for a third term.
7.-Sec. 4. 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. Art. 2, sect. 1, n. 7. The act of the 24th September, 1789, ch.
19, fixed the salary of the president at twenty-five thousand dollars. This
is his salary now.
8.-Sec. 5. The powers of the president are to be exercised by him
alone, or by him with the concurrence of the senate.
9.-1. The constitution has vested in him alone, the following powers:
be is 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
officers of each of the executive departments, upon any subject relating to
the duties of their respective offices; and he shall have the power to grant
reprieves and pardons for offences against the United States, except in
cases of impeachment. Art. 2, s. 2, n. 2. He may appoint all officers of the
United States, whose appointments are not otherwise provided for in the
constitution, and which shall be established by law, when congress shall
vest the appointment of such officers in the president alone. Art. 2, s. 2,
n. 2. He 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. Art. 2, sect. 2, n. 3. He shall from time to time
give 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 officers of
the United States.
10.-2. His power, with the concurrence of the senate, is as follows: to
make treaties, provided two-thirds of the senators present concur; 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 provided for in the constitution, and which have been established by
law; but the congress may by law vest the appointment of such inferior
officers, as they shall think proper, in the president alone, in the courts
of law, or in the heads of departments. Art. 2, s. 2, n. 2. Vide 1 Kent,
Com. Lect. 13; Story on the Const. B. 3, ch. 36; Rawle on the Const. Index,
h.t.; Serg. Const. L. Index, h.t.
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