U.S. Constitution · Article II, Section 2
Powers of the President
Alerts when a new grade, SI Solution or Think Tank idea cites Art. II, § 2 or any part of it.
Live in the VFA record
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)
Citations per week, last 12 weeks
The text
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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.
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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.
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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)
Public-domain primary sources, quoted word for word and checked against the linked text.
Leading Supreme Court cases
- The Prize Cases, 67 U.S. 635 (1863)
- Ex parte Garland, 71 U.S. 333 (1867)
- Missouri v. Holland, 252 U.S. 416 (1920)
- Ex parte Grossman, 267 U.S. 87 (1925)
- Myers v. United States, 272 U.S. 52 (1926)
- Ex parte Quirin, 317 U.S. 1 (1942)
- Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952)
- Reid v. Covert, 354 U.S. 1 (1957)
- Buckley v. Valeo, 424 U.S. 1 (1976)
- Morrison v. Olson, 487 U.S. 654 (1988)
- Edmond v. United States, 520 U.S. 651 (1997)
- Hamdan v. Rumsfeld, 548 U.S. 557 (2006)
- Medellín v. Texas, 552 U.S. 491 (2008)
- Free Enterprise Fund v. Public Company Accounting Oversight Board, 561 U.S. 477 (2010)
- Bond v. United States, 572 U.S. 844 (2014)
- NLRB v. Noel Canning, 573 U.S. 513 (2014)
- Zivotofsky v. Kerry, 576 U.S. 1 (2015)
- Lucia v. SEC, 585 U.S. 237 (2018)
- United States v. Arthrex, Inc., 594 U.S. 1 (2021)
Cited in the VFA record
“Where this provision is cited”
SI Solutions (21)
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Western Hemisphere Anti-Cartel Partnership Authorization Act
2026-10-15
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Foreign Service Readiness With Cost Limits and Review
2026-10-12
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SI Bipartisan War Powers Compliance and Force Protection Proposal for Iran Hostilities
2026-10-08
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Unmanned Aircraft Systems Import Security Act of 2026
2026-08-20
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Polysilicon Supply Chain Security Act of 2026
2026-08-15
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Civil Nuclear Export Competitiveness and Safeguards Act of 2025
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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Reciprocal Trade Enforcement Act of 2026
2026-08-02
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Reciprocal Dairy Trade Enforcement Act of 2026
2026-07-29
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Arctic Security and Diplomacy Alignment Act of 2025
2026-07-29
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Energy Security Partnership Act of 2025
2026-07-29
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Commercial Aircraft and Engine Supply Chain Security and Fair Trade Act
2026-07-15
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Proclamation Granting Pardon to Stephen E. Buyer
2026-06-10
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Secure American Invention Act of 2025
2026-06-07
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Lebanon Troop Withdrawal Authorization and Oversight Act of 2025
2026-06-07
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Regional Normalization Support and Reporting Act of 2026
2026-06-06
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Nonretroactive sentencing amendments may constitute an 'extraordinary and compelling reason' under §3582(c)(1)(A)(i) when the resulting disparity is extreme, unjustified, and not based solely on congr
2026-05-29
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Temporary Supreme Court Capacity Expansion Act
2026-05-15
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Adjusting Imports of Pharmaceuticals and Pharmaceutical Ingredients for National Security
2026-05-14
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Proclamation on National Security Adjustments to Imports of Aluminum, Steel, and Copper
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
grades (66)
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H.R. 8665: Allied Defense Sales Act
2026-10-14 · Grade A (Constitutional)
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H.Res. 1447: Recognizing that for 55 years, the Republic of Fiji has worked with the United States toward stability, prosperity, and peace in the Pacific and beyond, and expressing the sense of the Ho
2026-10-14 · Grade A (Constitutional)
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H.R. 10204: Legislative Branch Agencies Clarification Act
2026-10-14 · Grade B (Mostly sound)
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Executive Order 14386: Strengthening United States National Defense With America's Beautiful Clean Coal Power Generation Fleet
2026-10-14 · Grade B (Mostly sound)
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Executive Order 14413: Ushering in the Next Frontier of Quantum Innovation
2026-10-14 · Grade B (Mostly sound)
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Executive Order 14412: Securing the Nation Against Advanced Cryptographic Attacks
2026-10-14 · Grade B (Mostly sound)
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Executive Order 14415: Securing America's Defense Supply Chains and Ensuring Domestic Acquisition of Critical Materials
2026-10-14 · Grade B (Mostly sound)
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S.J.Res. 184: A joint resolution to direct the removal of United States Armed Forces from hostilities within or against the Islamic Republic of Iran that have not been authorized by Congress.
2026-10-13 · Grade A (Constitutional)
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Executive Order 14426: Accelerating Access to Veterans' Benefits and Employment Opportunities
2026-10-13 · Grade A (Constitutional)
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Executive Order 14417: Establishing the President's Military Spouse Commission
2026-10-13 · Grade B (Mostly sound)
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S.J.Res. 124: A joint resolution to direct the removal of United States Armed Forces from hostilities within or against the Republic of Cuba that have not been authorized by Congress.
2026-10-13 · Grade A (Constitutional)
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S.J.Res. 118: A joint resolution to direct the removal of United States Armed Forces from hostilities within or against the Islamic Republic of Iran that have not been authorized by Congress.
2026-10-13 · Grade A (Constitutional)
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S. 550: A bill to provide for the equitable settlement of certain Indian land disputes regarding land in Illinois, and for other purposes.
2026-10-13 · Grade B (Mostly sound)
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H.R. 492: Saving the Civil Service Act
2026-10-13 · Grade A (Constitutional)
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S. 630: Quapaw Tribal Settlement Act of 2025
2026-10-13 · Grade A (Constitutional)
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H.J.Res. 69: Providing for congressional disapproval of the proposed foreign military sale to Israel of certain defense articles and services.
2026-10-11 · Grade A (Constitutional)
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S. 1823: Black Vulture Relief Act of 2025
2026-10-11 · Grade B (Mostly sound)
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H.R. 2827: To provide for the equitable settlement of certain Indian land disputes regarding land in Illinois, and for other purposes.
2026-10-11 · Grade B (Mostly sound)
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H.R. 9086: Foreign Service Modernization Act
2026-10-11 · Grade A (Constitutional)
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H.R. 692: China Exchange Rate Transparency Act of 2025
2026-10-10 · Grade B (Mostly sound)
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H.R. 832: Small Business Advocacy Improvements Act of 2025
2026-10-10 · Grade B (Mostly sound)
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H.J.Res. 78: Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the United States Fish and Wildlife Service relating to "Endangered and Th
2026-10-10 · Grade B (Mostly sound)
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H.R. 1263: Strengthening the Quad Act
2026-10-10 · Grade A (Constitutional)
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H.Con.Res. 64: To direct the removal of United States Armed Forces from hostilities within or against Venezuela that have not been authorized by Congress.
2026-10-09 · Grade D (Likely unconstitutional)
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S. 4465: A bill to amend the FISA Amendments Act of 2008 to extend the authorities of title VII of the Foreign Intelligence Surveillance Act of 1978, and for other purposes.
2026-10-09 · Grade F (Direct violation)
Showing the 25 most recent. All 66: JSON.
roll-call votes (43)
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House roll call 297 (2026): On Motion to Suspend the Rules and Pass, as Amended on H R 3276
2026-09-14 · Passed · official record
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Senate roll call 217 (2026): On the Resolution on S.Res. 817
2026-07-30 · Resolution Agreed to · official record
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Senate roll call 214 (2026): On the Cloture Motion on S.Res. 817
2026-07-29 · Cloture Motion Agreed to · official record
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House roll call 241 (2026): On Agreeing to the Amendment on H R 8595
2026-07-15 · Failed · official record
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House roll call 242 (2026): On Agreeing to the Amendment on H R 8595
2026-07-15 · Failed · official record
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House roll call 243 (2026): On Agreeing to the Amendment on H R 8595
2026-07-15 · Failed · official record
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House roll call 244 (2026): On Agreeing to the Amendment on H R 8595
2026-07-15 · Failed · official record
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House roll call 245 (2026): On Agreeing to the Amendment on H R 8595
2026-07-15 · Failed · official record
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House roll call 246 (2026): On Motion to Recommit on H R 8595
2026-07-15 · Failed · official record
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House roll call 247 (2026): On Passage on H R 8595
2026-07-15 · Passed · official record
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Senate roll call 164 (2026): On the Motion to Proceed on S. 1318
2026-06-05 · Motion to Proceed Rejected · official record
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House roll call 201 (2026): On Agreeing to the Resolution on H CON RES 84
2026-06-04 · Failed · official record
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House roll call 207 (2026): On Passage on H R 2913
2026-06-04 · Passed · official record
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Senate roll call 114 (2026): On the Resolution on S.Res. 690
2026-05-11 · Resolution Agreed to · official record
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House roll call 155 (2026): On Motion to Suspend the Rules and Pass on S 4465
2026-04-30 · Passed · official record
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Senate roll call 113 (2026): On the Motion to Discharge on S.J.Res. 184
2026-04-30 · Motion to Discharge Rejected · official record
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Senate roll call 112 (2026): On the Cloture Motion on S.Res. 690
2026-04-30 · Cloture Motion Agreed to · official record
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House roll call 142 (2026): On Passage on S 1318
2026-04-29 · Passed · official record
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Senate roll call 108 (2026): On the Point of Order on S.J.Res. 124
2026-04-28 · Point of Order Well Taken · official record
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Senate roll call 107 (2026): On the Motion to Proceed on S.Res. 690
2026-04-28 · Motion to Proceed Agreed to · official record
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House roll call 97 (2026): On Motion to Suspend the Rules and Pass, as Amended on H R 6422
2026-03-24 · Passed · official record
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Senate roll call 58 (2026): On the Motion to Discharge on S.J.Res. 118
2026-03-18 · Motion to Discharge Rejected · official record
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House roll call 346 (2025): On Agreeing to the Resolution on H CON RES 64
2025-12-17 · Failed · official record
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Senate roll call 648 (2025): On the Motion to Concur in the House Amendment on S. 1071
2025-12-17 · Motion Agreed to · official record
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Senate roll call 647 (2025): On the Cloture Motion on S. 1071
2025-12-15 · Cloture Motion Agreed to · official record
Showing the 25 most recent. All 43: JSON.
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 2, https://www.valuesforamerica.com/constitution/article-2/section-2
Data: this provision as JSON.