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Article II, Section 2

Clause 1

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 offenses against the United States, except in cases of impeachment.

The President is the civilian leader of the nation's armed forces. The president can grant reprieves and pardons in federal cases. The part of this clause that allows him to require the written opinions of the heads of all executive departments upon subjects relating to their duties is the Constitutional basis for the formation of the Cabinet.

Clause 2

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.

The President possesses sole treaty making power. A two -thirds vote from the Senate is required to ratify all treaties. The President will appoint ambassadors, public ministers, public consuls, Supreme Court judges, and all other officers of the U.S. whose appointments are not otherwise provided for., however the Senate provides the power to approve or disapprove these appointments. Congress may, by law, give the power to appoint inferior officers (non principal officers of the executive branch) to the President alone, the courts, or the heads of departments.

Clause 3

The president shall have the power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which hall expire at the end of their next session.

The President may make temporary appointments when the Senate is in recess. These appointments shall end upon the convening of the Senate's next session.

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© Copyright 1997 Jonathan Chin & Alan Stern