Article II, Section 1
Each state will appoint a number of electors equal to their number of members of Congress through a process to be determined by each individual state. No Senator or Representative, or person holding a public office may be appointed an elector. Today, these electors are called the electoral college.
This clause is now null and void as it was replaced by the 12th Amendment.
Congress can set the date for each state to chose electors and the date on which electors will cast their votes for President and Vice President. These two dates must be uniform throughout the entire country. The date for choosing electors has been set as the Tuesday after the first Monday in November every fourth year. Electoral votes are to be cast on the Monday after the second Wednesday in December of the same year.
The President must be a natural born citizen of the United States or have been a resident of the United States at the time the Constitution was ratified. A President must also be at least thirty-five years old. Also, the President must have been a resident of the United States for at least fourteen years.
Congress has the power to provide for the filling of a presidential vacancy should the president die or become unable to fulfill his office. The 25th Amendment expressly states how Congress shall handle any such situation.
The President shall receive a salary to be determined by Congress that cannot be increased or decreased during any elected term. He may not receive any additional compensation from the United States or any individual state.
This clause establishes the presidential oath that shall be taken before he officially takes office as being: "I do solemnly swear 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. "
© Copyright 1997 Jonathan Chin & Alan Stern
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:
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 by an elector.
The electors shall meet in the 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 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 choose by ballot one of them for president, and if no person have a majority, then from the five highest on the list the said House shall in like manner choose 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. In every case, after the choice of the president, the person having the greatest number of votes of the electors shall be the vice president. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the vice president.
The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States.
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 the 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.
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 removed, or a president be elected.
The president shall, at stated times, receive for his services, a compensation, which shall neither be increased 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.
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."