No. 62.

Preliminary Book part 3, tit. 3, chap. 2, sec. 2.

No. 62.

dent; and they shall make distinct lists of all persons voted for as president, and of all persons voted for as vice-president, and of the number of votes for each; which lists they shall sign and certify, and transmit sealed to the seat of 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 for president shall be president, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest number, not exceeding three, on the list of those voted for as president, the house of representatives shall choose immediately, by ballot, the president. But, in choosing the president, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the house of representatives shall not choose a president whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the vice-president shall act as president, as in the case of the death or other constitutional disability of the president. (a)

SECTION 2.-QUALIFICATIONS OF THE PRESIDENT.

62. 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 the age of thirtyfive years, and been fourteen years a resident within the United States. (b)

(a) Const. Am. art. 12, n. 1.

(b) Const. art. 2, s. 1, n. 5.

No. 63.

Preliminary Book, part 3, tit. 3, chap. 2, sec. 3, 4, 5.

No. 65.

SECTION 3.-THE TERM OF HIS OFFICE.

63. The president shall hold his office for the term of four years.(a)

His duties commence the fourth day of March next after his election. (b)

SECTION 4.-TIME OF HIS ELECTION.

64. The congress may determine the time of choosing the electors, and the day on which they shall give their votes; which shall be the same throughout the United States.(c)

By virtue of this clause in the constitution, congress passed an act declaring that the electors shall be appointed in each state within thirty-four days preceding the first Wednesday in December, in every fourth year succeeding the last election of president, according to the apportionment of the representatives and senators then existing. The electors chosen are required to meet and give their votes on the said first Wednesday of December, at such place in each state as shall be directed by the legislature thereof. (d)

In case of the removal of the president from office, or of his death, resignation, or inability to discharge the powers and duties of 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. (e)

SECTION 5.

-OF THE POWERS AND DUTIES OF THE PRESIDENT.

65. The powers and duties of the president may be

(a) Const. art. 2, s. 1, n. 1.

(b) Act of 1st of March, 1792, ch. 8. (c) Const. art. 2, s. 1, n. 4.

(d) Act of 1st March, 1792, c. 8. (e) Const. art. 2, s. 1, n. 6.

No. 66.

Preliminary Book, part 3, tit. 3, chap. 2, sec. 5, § 1.

No. 66.

conveniently classed into those cases where, 1, he exercises the power alone; 2, he exercises it in connection with congress; and 3, he exercises it in concurrence with the senate.

§ 1. Where he exercises power alone.

66. He is commander-in-chief of the army of the United States, and of the militia of the several states when called into the actual service of the United States. (a)

He has power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.(b)

He may appoint all officers of the United States whose appointments are not otherwise provided for by the constitution, 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.(c)

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. (d)

He may require the opinion, in writing, of the principal officers in each of the executive departments, upon any subject relative to the duties of their respective offices.(e)

He shall, from time to time, give to the 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

(a) Const. art. 2, s. 3, n. 1.

(b) Ibid.

(c) Ib. art. 2, s. 2, n. 2.

(d) Const. art. 2, s. 2, n. 3. (e) Ib. art. 2, s. 2, n. 1.

No. 67. Preliminary Book, part 3, tit. 3, chap. 2, sec. 5, § 2, 3, art. 1, 2. No. 70.

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 the officers of the United States. (a)

§ 2. Of the power the President exercises in connection with Congress.

67. The president has a negative on all laws passed by congress. This will be considered in another place.

§ 3.—Of the power he exercises in concurrence with the Senate. 68. This relates either to the treaty-making power, or to appointment to office.

Article 1.-Of the Treaty-making Power.

69. In making treaties with foreign nations the president acts, in the first place, independently and alone. When made abroad, the treaty is made through the medium of our ministers to foreign courts, under the instructions of the president. When made in this country, the secretary of state takes the place of our minister abroad, and, under like instructions. Until the treaty has been agreed upon, the senate is not consulted. When it has been agreed upon, it is submitted to the senate for their concurrence. Here it is either approved of, rejected, or amended. When amendments take place, if the president approves of the same, the treaty again becomes the subject of negotiation with the foreign power, and after it has been modified it is again brought before the senate, for its final ratification.

Article 2.-Of the Appointing Power.

70. The president shall have power, by and with the advice and consent of the senate, to make treaties, provided two-thirds of the senators present concur;

(a) Const. art. 2, s. 3.

No. 71.

Preliminary Book, part 3, tit. 3, chap. 3.

No. 72.

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 therein 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.

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. (a)

SECTION 6. OF THE VICE-PRESIDENT.

71. The vice-president is chosen by the same electors, and at the same time, that the president is elected. The person having the greatest number of votes as vice-president, shall be the vice-president, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list, the senate shall choose the vice-president; a quorum for the purpose shall consist of two-thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice.(b)

But no person constitutionally ineligible to the office of president, shall be eligible to that of vice-president of the United States. (c)

CHAPTER III.-OF THE JUDICIAL POWER.

72. This will be considered hereafter.

(a) Const. art. 2, s. 2, n. 2

(c) Const. Am. art. 12, n. 3.

(b) Const. Amend. art. 12, n. 3.