Article II: Executive Branch
The Powers of the President
Constitutional Text
Section 1. 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...
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.
Section 2. 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 shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
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...
Section 3. 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 shall take Care that the Laws be faithfully executed...
Section 4. The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
Sections Summary
Section 1 - Election & Requirements
4-year terms, Electoral College, must be 35 years old, natural-born citizen, 14-year resident
Section 2 - Presidential Powers
Commander in Chief, pardons (except impeachment), treaties (2/3 Senate), appoints judges & ambassadors
Section 3 - Presidential Duties
State of the Union, recommend legislation, "take Care that the Laws be faithfully executed"
Section 4 - Impeachment
Removal for Treason, Bribery, or other high Crimes and Misdemeanors
Discussion Questions
A) Electoral College
The President is not elected directly by the people but by electors from each state. Should the Electoral College be abolished in favor of a popular vote? What are the arguments on both sides?
B) Pardon Power
The President can pardon anyone for federal crimes except in cases of impeachment. Should a president be able to pardon themselves or their family members?
C) "High Crimes and Misdemeanors"
This phrase is not defined in the Constitution. What do you think should qualify as an impeachable offense?
Key Takeaways
- Commander in Chief - President controls the military
- Treaty power requires 2/3 Senate approval
- Appointment power for judges and officials (with Senate consent)
- Removal through impeachment by House, trial by Senate
AP Exam Connection
Unit 2 — Interactions Among Branches (25–36% of AP exam)
AP FRQ scenarios about the presidency typically ask you to distinguish formal presidential powers (listed in Article II) from informal powers (derived from custom or broad interpretation). Know both categories with specific examples. Executive orders, executive agreements, and the bully pulpit are all informal powers.
Memory Tricks
"Article II formal powers: Commander, Cabinet, Convene, Commute." The president is Commander in Chief, appoints Cabinet members (Senate confirmation required), can Convene Congress in special sessions, and can Commute sentences (pardon power). All four are explicit Article II grants.
"Informal powers: executive orders, executive agreements, bully pulpit, veto threats." These are not listed in Article II but presidents exercise them by custom or broad interpretation. Executive orders carry the force of law without congressional approval. Executive agreements bypass Senate ratification.
AP-Style Writing Practice
Article II of the Constitution vests executive power in the president but leaves many presidential authorities ambiguous, leading to the development of both formal and informal powers.
- Identify two formal powers granted to the president by Article II of the Constitution and explain what each allows the president to do.
- Explain the difference between a formal and an informal presidential power, giving one example of each.
- Evaluate whether the expansion of informal presidential powers represents a constitutional violation or a necessary adaptation to modern governance.
Tip: Part A: Pick any two — Commander in Chief, veto, pardon, treaty negotiation (with Senate ratification), appointment of officers, State of the Union, special sessions. Part B: Formal = explicitly in Article II; Informal = derived from custom (executive orders, executive agreements, signing statements, bully pulpit). Part C must take a position.