U.S. Constitution · Article II, Section 2

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Cited in 3 SI Solutions and 66 grades this month.

130 public items cite this provision or its parts · 69 in October 2026 (last month: 1)

Week of 2026-08-03: 2Week of 2026-08-10: 1Week of 2026-08-17: 1Week of 2026-08-24: 0Week of 2026-08-31: 0Week of 2026-09-07: 0Week of 2026-09-14: 1Week of 2026-09-21: 0Week of 2026-09-28: 0Week of 2026-10-05: 52Week of 2026-10-12: 17Week of 2026-10-19: 0

Citations per week, last 12 weeks

The text

  1. Article II, Section 2, Clause 1 · Commander in Chief Clause; Opinion Clause; Pardon Clause 22 cites

    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.

  2. Article II, Section 2, Clause 2 · Treaty Clause; Appointments Clause 44 cites explained

    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.

  3. Article II, Section 2, Clause 3 · Recess Appointments Clause

    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.

National Archives transcription (public domain; original spelling and capitalization). archives.gov

In the founders’ words

  • “to define and punish piracies and felonies committed on the high seas, and offenses against the law of nations; to regulate foreign commerce, including a power to prohibit, after the year 1808, the importation of slaves, and to lay an intermediate duty of ten dollars per head, as a discouragement to such importations. This class of powers forms an obvious and essential branch of the federal administration. If we are to be one nation in any respect, it clearly ought to be in respect to other nations.” James Madison, The Federalist No. 42 (1788-01-22)
  • “In this respect his authority would be nominally the same with that of the king of Great Britain, but in substance much inferior to it. It would amount to nothing more than the supreme command and direction of the military and naval forces, as first General and admiral of the Confederacy; while that of the British king extends to the DECLARING of war and to the RAISING and REGULATING of fleets and armies, all which, by the Constitution under consideration, would appertain to the legislature.” Alexander Hamilton, The Federalist No. 69 (1788-03-14)
  • “Of all the cares or concerns of government, the direction of war most peculiarly demands those qualities which distinguish the exercise of power by a single hand. The direction of war implies the direction of the common strength; and the power of directing and employing the common strength, forms a usual and essential part in the definition of the executive authority.” Alexander Hamilton, The Federalist No. 74 (1788-03-25)
  • “Humanity and good policy conspire to dictate, that the benign prerogative of pardoning should be as little as possible fettered or embarrassed. The criminal code of every country partakes so much of necessary severity, that without an easy access to exceptions in favor of unfortunate guilt, justice would wear a countenance too sanguinary and cruel.” Alexander Hamilton, The Federalist No. 74 (1788-03-25)
  • “The President is to be the "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.” Alexander Hamilton, The Federalist No. 69 (1788-03-14)
  • “The power of making treaties is an important one, especially as it relates to war, peace, and commerce; and it should not be delegated but in such a mode, and with such precautions, as will afford the highest security that it will be exercised by men the best qualified for the purpose, and in the manner most conducive to the public good.” John Jay, The Federalist No. 64 (1788-03-07)
  • “The history of human conduct does not warrant that exalted opinion of human virtue which would make it wise in a nation to commit interests of so delicate and momentous a kind, as those which concern its intercourse with the rest of the world, to the sole disposal of a magistrate created and circumstanced as would be a President of the United States.” Alexander Hamilton, The Federalist No. 75 (1788-03-26)
  • “To what purpose then require the co-operation of the Senate? I answer, that the necessity of their concurrence would have a powerful, though, in general, a silent operation. It would be an excellent check upon a spirit of favoritism in the President, and would tend greatly to prevent the appointment of unfit characters from State prejudice, from family connection, from personal attachment, or from a view to popularity.” Alexander Hamilton, The Federalist No. 76 (1788-04-01)
  • “I am not perfectly satisfied, that the senate, a branch of the legislature, and court for trying impeachments, ought to have a controuling power in making all treaties; yet, I confess, I do not discern how a restraint upon the president in this important business, can be better or more safely lodged: a power to make and conclude all treaties is too important to be vested in him alone, or in him and an executive council, only sufficiently numerous for other purpose, and the house of representatives is too numerous to be concerned in treaties of peace and of alliance.” The Federal Farmer, Letters from the Federal Farmer, No. 11 (1788-01-10)
  • “As to treaties I have my doubts; but as to the appointments of officers, I think we may clearly shew the senate to be a very improper body indeed to have any thing to do with them.” The Federal Farmer, Letters from the Federal Farmer, No. 11 (1788-01-10)
  • “to recommend to the consideration of Congress such measures as he shall judge necessary and expedient; to convene, on extraordinary occasions, both houses of the legislature, or either of them, and, in case of disagreement between them WITH RESPECT TO THE TIME OF ADJOURNMENT, to adjourn them to such time as he shall think proper; to take care that the laws be faithfully executed;” Alexander Hamilton, The Federalist No. 69 (1788-03-14)

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Values for America Constitution Explorer, https://www.valuesforamerica.com/constitution (text: National Archives transcription, public domain), Article II, Section 2, https://www.valuesforamerica.com/constitution/article-2/section-2

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