U.S. Constitution · Article II, Section 1
The President and Vice President
Alerts when a new grade, SI Solution or Think Tank idea cites Art. II, § 1 or any part of it.
Live in the VFA record
Cited in 9 SI Solutions and 106 grades this month.
133 public items cite this provision or its parts · 115 in October 2026 (last month: 0)
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The text
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Article II, Section 1, Clause 1 · Executive Vesting Clause
30 cites
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
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Article II, Section 1, Clause 2 · Electors Clause
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.
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Article II, Section 1, Clause 3 · The President and Vice President, clause 3
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 certify, and transmit sealed to the Seat of the Government 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 Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for Preside…
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Article II, Section 1, Clause 4 · The President and Vice President, clause 4
1 cite
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.
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Article II, Section 1, Clause 5 · Natural Born Citizen Clause; Presidential Qualifications Clause
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.
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Article II, Section 1, Clause 6 · Presidential Succession Clause
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 Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.
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Article II, Section 1, Clause 7 · Presidential Compensation Clause; Domestic Emoluments Clause
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.
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Article II, Section 1, Clause 8 · Oath of Office Clause
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, protect and defend the Constitution of the United States."
National Archives transcription (public domain; original spelling and capitalization). archives.gov
In the founders’ words
- “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, selfappointed, or elective, may justly be pronounced the very definition of tyranny.” James Madison, The Federalist No. 47 (1788-02-01)
- “But the great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others. The provision for defense must in this, as in all other cases, be made commensurate to the danger of attack. Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place.” James Madison, The Federalist No. 51 (1788-02-08)
- “Energy in the Executive is a leading character in the definition of good government. It is essential to the protection of the community against foreign attacks; it is not less essential to the steady administration of the laws; to the protection of property against those irregular and high-handed combinations which sometimes interrupt the ordinary course of justice; to the security of liberty against the enterprises and assaults of ambition, of faction, and of anarchy.” Alexander Hamilton, The Federalist No. 70 (1788-03-18)
- “The ingredients which constitute energy in the Executive are, first, unity; secondly, duration; thirdly, an adequate provision for its support; fourthly, competent powers.” Alexander Hamilton, The Federalist No. 70 (1788-03-18)
- “Mr. RANDOLPH strenuously opposed a unity in the Executive magistracy. He regarded it as the foetus of monarchy. We had he said no motive to be governed by the British Governmt. as our prototype. He did not mean however to throw censure on that Excellent fabric. If we were in a situation to copy it he did not know that he should be opposed to it; but the fixt genius of the people of America required a different form of Government. He could not see why the great requisites for the Executive department, vigor, despatch & responsibility could not be found in three men, as well as in one man.” James Madison, Madison's Notes of Debates in the Federal Convention, June 1, 1787 (1787-06-01)
- “Mr. WILSON said that unity in the Executive instead of being the fetus of monarchy would be the best safeguard against tyranny. He repeated that he was not governed by the British Model which was inapplicable to the situation of this Country; the extent of which was so great, and the manners so republican, that nothing but a great confederated Republic would do for it.” James Madison, Madison's Notes of Debates in the Federal Convention, June 1, 1787 (1787-06-01)
- “It is remarked by Montesquieu, in treating of republics, that in all magistracies, the greatness of the power must be compensated by the brevity of the duration; and that a longer time than a year, would be dangerous.” Cato (attributed to George Clinton), Cato, No. 4 (1787-11-08)
- “THE mode of appointment of the Chief Magistrate of the United States is almost the only part of the system, of any consequence, which has escaped without severe censure, or which has received the slightest mark of approbation from its opponents.” Alexander Hamilton, The Federalist No. 68 (1788-03-14)
- “It was desirable that the sense of the people should operate in the choice of the person to whom so important a trust was to be confided. This end will be answered by committing the right of making it, not to any preestablished body, but to men chosen by the people for the special purpose, and at the particular conjuncture.” Alexander Hamilton, The Federalist No. 68 (1788-03-14)
- “The people at large was in his opinion the fittest in itself. It would be as likely as any that could be devised to produce an Executive Magistrate of distinguished Character. The people generally could only know & vote for some Citizen whose merits had rendered him an object of general attention & esteem. There was one difficulty however of a serious nature attending an immediate choice by the people. The right of suffrage was much more diffusive in the Northern than the Southern States; and the latter could have no influence in the election on the score of the Negroes.” James Madison, Madison's Notes of Debates in the Federal Convention, July 19, 1787 (1787-07-19)
- “It is indispensable, too, that the president should be a natural born citizen of the United States; or a citizen at the adoption of the constitution, and for fourteen years before his election. This permission of a naturalized citizen to become president is an exception from the great fundamental policy of all governments, to exclude foreign influence from their executive councils and duties.” Joseph Story, Joseph Story, Commentaries on the Constitution of the United States, sections 1472-73 (1833-01-01)
- “Considering the nature of the duties, the extent of the information, and the solid wisdom and experience required in the executive department, no one can reasonably doubt the propriety of some qualification of age.” Joseph Story, Joseph Story, Commentaries on the Constitution of the United States, sections 1472-73 (1833-01-01)
Public-domain primary sources, quoted word for word and checked against the linked text.
Leading Supreme Court cases
- McPherson v. Blacker, 146 U.S. 1 (1892)
- Myers v. United States, 272 U.S. 52 (1926)
- Humphrey's Executor v. United States, 295 U.S. 602 (1935) · overruled by Trump v. Slaughter (2026)
- United States v. Curtiss-Wright Export Corp., 299 U.S. 304 (1936)
- Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952)
- United States v. Nixon, 418 U.S. 683 (1974)
- Dames & Moore v. Regan, 453 U.S. 654 (1981)
- Nixon v. Fitzgerald, 457 U.S. 731 (1982)
- Morrison v. Olson, 487 U.S. 654 (1988)
- Clinton v. Jones, 520 U.S. 681 (1997)
- Bush v. Gore, 531 U.S. 98 (2000)
- Medellín v. Texas, 552 U.S. 491 (2008)
- Free Enterprise Fund v. Public Company Accounting Oversight Board, 561 U.S. 477 (2010)
- Chiafalo v. Washington, 591 U.S. 578 (2020)
- Seila Law LLC v. Consumer Financial Protection Bureau, 591 U.S. 197 (2020)
- Trump v. Mazars USA, LLP, 591 U.S. 848 (2020)
- Trump v. Vance, 591 U.S. 786 (2020)
- Trump v. United States, 603 U.S. ___ (2024)
- Trump v. Slaughter, 609 U.S. ___ (2026)
Cited in the VFA record
“Where this provision is cited”
SI Solutions (26)
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Corrected Ceremonial Proclamation for National Black History Month, 2026
2026-10-18
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Corrected Proclamation Honoring President George Washington's Birthday Within Article II Limits
2026-10-17
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Corrected Defense Industrial Base Waiver With Findings, Cap, and Sunset
2026-10-17
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Corrected Proclamation Confirming National Angel Family Day as Ceremonial and Within Article II
2026-10-16
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Corrected Order for Defense Supply of Elemental Phosphorus and Farm Inputs Under Existing Law
2026-10-16
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Corrected Proclamation for Women's History Month, 2026
2026-10-15
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Corrected Ceremonial Proclamation for Greek Independence Day, 2026
2026-10-12
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Corrected SI Executive Order: Lawful Rancher Support Within Current Authority
2026-10-08
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Proposed Revision to Executive Order 14432: Accountable Access Through America.gov
2026-10-04
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Revised Executive Order: President's Military Spouse Commission
2026-08-07
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Corrected Proclamation: Facilitating Positive Adjustment to Competition From Imports of Quartz Surface Products
2026-08-06
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Revised Proclamation on Adjusting Aluminum Imports Under Section 232 of the Trade Expansion Act of 1962
2026-07-28
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Foreign Service Workforce Flexibility and Due Process Act of 2026
2026-07-18
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The federal election-day statutes do not require ballot receipt by election day; Mississippi's law is not preempted.
2026-06-30
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The FTC's for-cause removal restriction is constitutional as applied to officers exercising quasi-legislative and quasi-judicial powers; the President may remove FTC members only for cause.
2026-06-30
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The President has plenary removal power over Federal Reserve Governors under Article II; for-cause restriction is unconstitutional as applied to executive officers.
2026-06-30
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TPS termination is subject to judicial review for compliance with statutory procedure and constitutional rights, but the court must defer to the executive's substantive foreign-policy determination.
2026-06-29
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Proclamation on Flag Day and National Flag Week, 2026 (Corrected Version)
2026-06-18
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Regional Normalization Support and Reporting Act of 2026
2026-06-06
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Executive Order on Encouraging Financial Technology Innovation Within Existing Statutory Authority
2026-05-23
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Revised Proclamation: Peace Officers Memorial Day and Police Week, 2026
2026-05-15
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Proclamation: National Day of Celebration Honoring Henry Clay, 2026
2026-05-14
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Revised Proclamation: National Foster Care Month, 2026
2026-05-14
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Revised Executive Order: Targeted Sanctions on Cuban Repressors Under the International Emergency Economic Powers Act
2026-05-14
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Proclamation: Victory Day for World War II, 2026
2026-05-13
Showing the 25 most recent. All 26: JSON.
grades (106)
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Executive Order 14391: Adjusting Certain Delegations Under the Defense Production Act
2026-10-14 · Grade A (Constitutional)
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Executive Order 14394: Removing Regulatory Barriers to Affordable Home Construction
2026-10-14 · Grade B (Mostly sound)
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Executive Order 14397: Further Continuance of the Federal Emergency Management Agency Review Council
2026-10-14 · Grade A (Constitutional)
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Executive Order 14395: Establishing the Task Force To Eliminate Fraud
2026-10-14 · Grade C (Significant issues)
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Executive Order 14393: Promoting Access to Mortgage Credit
2026-10-14 · Grade B (Mostly sound)
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Executive Order 14236: Additional Rescissions of Harmful Executive Orders and Actions
2026-10-14 · Grade A (Constitutional)
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Executive Order 14402: Promoting Efficiency, Accountability, and Performance in Federal Contracting
2026-10-14 · Grade A (Constitutional)
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Executive Order 14427: Adjusting Certain Delegations Under the Defense Production Act
2026-10-13 · Grade B (Mostly sound)
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H.R. 7436: Department of Homeland Security Intelligence and Analysis Training Act
2026-10-11 · Grade A (Constitutional)
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H.R. 1228: Prioritizing Veterans’ Survivors Act
2026-10-10 · Grade A (Constitutional)
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Executive Order 14239: Achieving Efficiency Through State and Local Preparedness
2026-10-08 · Grade A (Constitutional)
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Executive Order 14243: Stopping Waste, Fraud, and Abuse by Eliminating Information Silos
2026-10-08 · Grade D (Likely unconstitutional)
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Executive Order 14242: Improving Education Outcomes by Empowering Parents, States, and Communities
2026-10-08 · Grade A (Constitutional)
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Executive Order 14240: Eliminating Waste and Saving Taxpayer Dollars by Consolidating Procurement
2026-10-08 · Grade A (Constitutional)
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Executive Order 14244: Addressing Remedial Action by Paul Weiss
2026-10-08 · Grade B (Mostly sound)
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Executive Order 14249: Protecting America's Bank Account Against Fraud, Waste, and Abuse
2026-10-08 · Grade B (Mostly sound)
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Executive Order 14247: Modernizing Payments To and From America's Bank Account
2026-10-08 · Grade A (Constitutional)
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Executive Order 14253: Restoring Truth and Sanity to American History
2026-10-08 · Grade B (Mostly sound)
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Executive Order 14251: Exclusions From Federal Labor-Management Relations Programs
2026-10-08 · Grade C (Significant issues)
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Executive Order 14255: Establishing the United States Investment Accelerator
2026-10-08 · Grade A (Constitutional)
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Executive Order 14256: Further Amendment to Duties Addressing the Synthetic Opioid Supply Chain in the People's Republic of China as Applied to Low-Value Imports
2026-10-08 · Grade B (Mostly sound)
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Executive Order 14258: Extending the TikTok Enforcement Delay
2026-10-08 · Grade D (Likely unconstitutional)
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Executive Order 14261: Reinvigorating America's Beautiful Clean Coal Industry and Amending Executive Order 14241
2026-10-08 · Grade A (Constitutional)
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Executive Order 14260: Protecting American Energy From State Overreach
2026-10-08 · Grade A (Constitutional)
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Executive Order 14270: Zero-Based Regulatory Budgeting To Unleash American Energy
2026-10-08 · Grade A (Constitutional)
Showing the 25 most recent. All 106: JSON.
roll-call votes (1)
Roll-call votes are listed when the measure voted on has a current Constitution Index grade citing this provision. Counts include only published items.
Cite this page
Values for America Constitution Explorer, https://www.valuesforamerica.com/constitution (text: National Archives transcription, public domain), Article II, Section 1, https://www.valuesforamerica.com/constitution/article-2/section-1
Data: this provision as JSON.