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120-622: Section 1 of Article Two establishes the positions of the President and the Vice President, and sets the term of both offices at four years. Section 1's Vesting Clause declares that the executive power of the federal government is vested in the President and, along with the Vesting Clauses of Article One and Article Three , establishes the separation of powers among the three branches of government. Section 1 also establishes

240-529: A vesting clause that confers federal executive power upon the President. Similar clauses are found in Article I and Article III ; the former bestows federal legislative power exclusively to Congress, and the latter grants judicial power solely to the Supreme Court, and other federal courts established by law. These three articles together secure a separation of powers among the three branches of

360-564: 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. The president's salary, currently $ 400,000 a year, must remain constant throughout the president's term. The president may not receive other compensation from either the federal or any state government. Before he enter on

480-531: A Congress of the United States, which shall consist of a Senate and House of Representatives. Article II, Section 1, Clause 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, as follows:[...] Article III, Section 1 : The judicial Power of

600-698: 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 chuse [ sic ] from them by Ballot the Vice President. ( Note: This procedure

720-637: A State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State,

840-400: A barrier to this peculiar danger, by inserting a constitutional definition of the crime, fixing the proof necessary for conviction of it, and restraining the Congress, even in punishing it, from extending the consequences of guilt beyond the person of its author. Based on the above quotation, it was noted by the lawyer William J. Olson in an amicus curiae in the case Hedges v. Obama that

960-493: A genuine interest at stake in the case. In Muskrat v. United States , 219 U.S. 346 (1911), the Supreme Court denied jurisdiction to cases brought under a statute permitting certain Native Americans to bring suit against the United States to determine the constitutionality of a law allocating tribal lands. Counsel for both sides were to be paid from the federal Treasury. The Supreme Court held that, though

1080-583: A jury, unless the defendant waives their right. Also, the trial must be held in the state where the crime was committed. If the crime was not committed in any particular state, then the trial is held in such a place as set forth by the Congress. The United States Senate has the sole power to try impeachment cases. Two of the Constitutional Amendments that comprise the Bill of Rights contain related provisions. The Sixth Amendment enumerates

1200-648: A loaded weapon, ready for the hand of any authority that can bring forward a plausible claim of an urgent need." 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

1320-404: A uniform nationwide common law upon all lower courts and never adopted the strong American distinction between federal and state common law. In Chisholm v. Georgia , 2 U.S. 419 (1793), the Supreme Court ruled that Article III, Section 2 abrogated the States' sovereign immunity and authorized federal courts to hear disputes between private citizens and States . This decision

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1440-404: Is different. The Court's appellate jurisdiction is given "with such exceptions, and under such regulations as the Congress shall make." Often a court will assert a modest degree of power over a case for the threshold purpose of determining whether it has jurisdiction, and so the word "power" is not necessarily synonymous with the word "jurisdiction". The power of the federal judiciary to review

1560-510: Is done by the vice president and Cabinet, the Amendment permits the president to take control back, unless the vice president and Cabinet challenge the president and two-thirds of both Houses vote to sustain the findings of the vice president and Cabinet. If the declaration is done by the president, the president may take control back without risk of being overridden by the Congress. The President shall, at stated Times, receive for his Services,

1680-448: Is the names of the candidates who are on the ballot to be elected. Most states do not put the names of the electors on the ballot. It is generally understood by the voters and the electors themselves that they are the representative "stand-ins" for the candidates and are expected to cast their electoral college ballots for the president and vice president who appeared on the ballot. The actual electors being voted for are usually selected by

1800-488: Is treasonable. The two witnesses, according to the decision, are required to prove only that the overt act occurred ( eyewitnesses and federal agents investigating the crime, for example). Punishment for treason may not "work Corruption of Blood, or Forfeiture except during the Life of the Person" so convicted. The descendants of someone convicted for treason could not, as they were under English law, be considered "tainted" by

1920-753: The 1st United States Congress passed the Oath Administration Act (that remains in effect) which provides that "...the oath or affirmation required by the sixth article of the Constitution of the United States… shall be administered to [the President of the Senate]". Currently, the vice presidential oath is the same as that for members of Congress and members of the Cabinet. I do solemnly swear (or affirm) that I will support and defend

2040-553: The 23rd Amendment , the District of Columbia may choose no more electors than the state with the lowest number of electoral votes (in effect, three electors), although since that amendment's ratification the District's population has never reached the threshold that would otherwise entitle it to choose four or more electors. U.S. Senators, Representatives and federal government officials are barred from becoming electors; in practice,

2160-539: The Electoral College , the body charged with electing the President and the Vice President. Section 1 provides that each state chooses members of the Electoral College in a manner directed by each state's respective legislature, with the states granted electors equal to their combined representation in both houses of Congress . Section 1 lays out the procedures of the Electoral College and requires

2280-535: The House of Representatives to hold a contingent election to select the President if no individual wins a majority of the electoral vote. Section 1 also sets forth the eligibility requirements for the office of the President, provides procedures in case of a Presidential vacancy, and requires the President to take an oath of office . Section 2 of Article Two lays out the powers of the Presidency, establishing that

2400-660: The Judicial Procedures Reform Bill debate), Chief Justice Charles Evans Hughes wrote, "the Constitution does not appear to authorize two or more Supreme Courts functioning in effect as separate courts." The Supreme Court is the only federal court that is explicitly established by the Constitution. During the Constitutional Convention , a proposal was made for the Supreme Court to be the only federal court, having both original jurisdiction and appellate jurisdiction. This proposal

2520-540: The President of the United States ). Since the Judiciary Act of 1869 was enacted, the number of justices has been fixed at nine: one chief justice, and eight associate justices. Proposals have been made at various times for organizing the Supreme Court into separate panels; none garnered wide support, thus the constitutionality of such a division is unknown. In a 1937 letter (to Senator Burton Wheeler during

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2640-720: The United States Tax Court . In certain types of cases, Article III courts may exercise appellate jurisdiction over Article I courts. In Murray's Lessee v. Hoboken Land & Improvement Co. ( 59 U.S. (18 How. ) 272 (1856)), the Court held that "there are legal matters, involving public rights, which may be presented in such form that the judicial power is capable of acting on them," and which are susceptible to review by an Article III court. Later, in Ex parte Bakelite Corp. ( 279 U.S. 438 (1929)),

2760-422: The chief justice , declared in his dissent "It would require far more of a discourse than could profitably be included in an opinion such as this to fully describe the preeminent position that the president of the United States occupies with respect to our Republic. Suffice it to say that the president is made the sole repository of the executive powers of the United States, and the powers entrusted to him as well as

2880-433: The constitutionality of a statute or treaty , or to review an administrative regulation for consistency with either a statute, a treaty, or the Constitution itself, is an implied power derived in part from Clause 2 of Section 2. Though the Constitution does not expressly provide that the federal judiciary has the power of judicial review, many of the Constitution's Framers viewed such a power as an appropriate power for

3000-421: The court-packing plan , was a legislative initiative to add more justices to the Supreme Court proposed by President Franklin D. Roosevelt shortly after his victory in the 1936 presidential election . Although the bill aimed generally to overhaul and modernize the entire federal court system , its central and most controversial provision would have granted the President power to appoint an additional justice to

3120-477: The federal courts . President Andrew Jackson interpreted these clauses as expressly creating a separation of powers among the three branches of the federal government . In contrast, Victoria F. Nourse has argued that the Vesting Clauses do not create the separation of powers, and it actually arises from the representation and appointment clauses elsewhere in the Constitution. Article I, Section 1 : All legislative Powers herein granted shall be vested in

3240-564: The federal government , and individually, each one entrenches checks and balances on the operation and power of the other two branches. Article I grants certain powers to Congress, and the Vesting Clause does not reassign those powers to the President. In fact, because those actions require legislation passed by Congress which must be signed by the President to take effect, those powers are not strictly executive powers granted to or retained by Congress per se. Nor were they retained by

3360-638: The Congress in writing that unavoidable military necessity respecting the safety of United States Armed Forces requires the continued use of such armed forces in the course of bringing about a prompt removal of such forces." Treaties are official agreements with foreign governments. Treaties must be approved by Senate. While the President does not make treaties, the President shapes and determines U.S. foreign policy initiatives, can enter into discussions and give conditional approval to agreements reached with foreign governments subject to Senate approval. In their capacity as Head of State and individual representative of

3480-459: The Congress. The Congress may not, however, amend the Court's original jurisdiction, as was found in Marbury v. Madison , 5 U.S. (1 Cranch ) 137 (1803) (the same decision which established the principle of judicial review ). Marbury held that Congress can neither expand nor restrict the original jurisdiction of the Supreme Court. However, the appellate jurisdiction of the Court

3600-475: The Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. Under the U.S. Constitution the President and Vice President are chosen by electors , under a Constitutional grant of authority delegated to the legislatures of the several states. The Constitution reserves the choice of the precise manner for selecting electors to

3720-560: The Constitution of the United States of the authors of the Constitution that: they have adopted the very words of the Statute of Treason of Edward the Third; and thus by implication, in order to cut off at once all chances of arbitrary constructions, they have recognized the well-settled interpretation of these phrases in the administration of criminal law, which has prevailed for ages. In Federalist No. 43 James Madison wrote regarding

Article Two of the United States Constitution - Misplaced Pages Continue

3840-467: The Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God. In the landmark decision Nixon v. General Services Administration (1977), Justice William Rehnquist , afterwards

3960-732: The Constitution." Andrew Jackson , while vetoing an Act for the renewal of the charter of the national bank, implied that the president could refuse to execute statutes that he felt were unconstitutional. In suspending the privilege of the writ of habeas corpus , President Abraham Lincoln claimed that he acted according to the oath. His action was challenged in court and overturned by the U.S. Circuit Court in Maryland (led by Chief Justice Roger B. Taney ) in Ex Parte Merryman , 17 F. Cas. 144 (C.C.D. Md. 1861). Lincoln ignored Taney's order. Finally, Andrew Johnson 's counsel referred to

4080-425: The Court declared that Article I courts "may be created as special tribunals to examine and determine various matters, arising between the government and others, which from their nature do not require judicial determination and yet are susceptible of it." Other cases, such as bankruptcy cases, have been held not to involve judicial determination, and may therefore go before Article I courts. Similarly, several courts in

4200-743: The Day on which they shall give their Votes; which Day shall be the same throughout the United States. Congress sets a national Election Day . Currently, electors are chosen on the Tuesday following the first Monday in November (the first Tuesday after November 1), in the year before the president's term is to expire. The electors cast their votes on the Monday following the second Wednesday in December (the first Monday after December 12) of that year. Thereafter,

4320-541: The Disability be removed, or a President shall be elected. ( Note: This clause was partially superseded by the 25th Amendment in 1967.) The wording of this clause caused much controversy at the time it was first used. When William Henry Harrison died in office, a debate arose over whether the vice president would become president, or if he would just inherit the powers, thus becoming an acting president. Harrison's vice president, John Tyler , believed that he had

4440-717: The District of Columbia, which is under the exclusive jurisdiction of the Congress, are Article I courts rather than Article III courts. This article was expressly extended to the United States District Court for the District of Puerto Rico by the U.S. Congress through Federal Law 89-571, 80 Stat. 764, signed by President Lyndon B. Johnson in 1966. This transformed the article IV United States territorial court in Puerto Rico , created in 1900, to an Article III federal judicial district court. The Judicial Procedures Reform Bill of 1937 , frequently called

4560-667: 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. Vesting Clauses In United States constitutional law , the Vesting Clauses are three provisions in the United States Constitution which vest legislative power in Congress , executive power in the President , and judicial power in

4680-795: 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." According to the Joint Congressional Committee on Presidential Inaugurations, George Washington added the words "So help me God" during his first inaugural, though this has been disputed. There are no contemporaneous sources for this fact, and no eyewitness sources to Washington's first inaugural mention

4800-665: The House of Representatives shall immediately chuse [ sic ] 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 chuse [ sic ] the President. But in chusing [ sic ] 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

4920-513: The Internet to declaring martial law. This led the magazine The Atlantic to observe that "the misuse of emergency powers is a standard gambit among leaders attempting to consolidate power", because, in the words of Justice Robert H. Jackson 's dissent in Korematsu v. United States (1944), the decision that upheld the internment of Japanese Americans , each emergency power "lies about like

Article Two of the United States Constitution - Misplaced Pages Continue

5040-639: The Life of the Person attainted. The Constitution defines treason as specific acts, namely "levying War against [the United States], or in adhering to their Enemies, giving them Aid and Comfort." A contrast is therefore maintained with the English law, whereby crimes including conspiring to kill the King or "violating" the Queen, were punishable as treason. In Ex Parte Bollman , 8 U.S. 75 (1807),

5160-477: The Middle Ages up to the Constitution's creation. The 12th Amendment introduced a number of important changes to the procedure. Now, electors do not cast two votes for president; rather, they cast one vote for president and another for vice president. In case no presidential candidate receives a majority, the House chooses from the top three (not five, as before the 12th Amendment). The Amendment also requires

5280-488: 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. At the time of taking office , the President must be: A person who meets the above qualifications, however, may still be constitutionally barred from holding the office of president under any of the following conditions: In Case of

5400-455: The People, violate fundamental American principles: Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by

5520-597: The President serves as the Commander-in-Chief of the military, among many other roles. This section gives the President the power to grant pardons . Section 2 also requires the "principal officer" of any executive department to tender advice. Though not required by Article Two, President George Washington organized the principal officers of the executive departments into the Cabinet , a practice that subsequent Presidents have followed. The Treaty Clause grants

5640-479: The President the power to enter into treaties with the approval of two-thirds of the Senate . The Appointments Clause grants the President the power to appoint judges and public officials subject to the advice and consent of the Senate, which in practice has meant that Presidential appointees must be confirmed by a majority vote in the Senate. The Appointments Clause also establishes that Congress can, by law, allow

5760-677: The President to inform Congress of the "state of the union"; since 1913 this has taken the form of a speech referred to as the State of the Union . The Recommendation Clause requires the President to recommend measures deemed "necessary and expedient." The Take Care Clause requires the President to obey and enforce all laws, though the President retains some discretion in interpreting the laws and determining how to enforce them. Section 4 of Article Two gives directives on impeachment. The directive states, "The President, Vice President and all civil Officers of

5880-524: The President, the courts, or the heads of departments to appoint "inferior officers" without requiring the advice and consent of the Senate. The final clause of Section 2 grants the President the power to make recess appointments to fill vacancies that occur when the Senate is in recess. Section 3 of Article Two lays out the responsibilities of the President, granting the President the power to convene both Houses of Congress, receive foreign representatives, and commission all federal officers. Section 3 requires

6000-629: 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

6120-712: The Seat of the 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

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6240-453: The Senate to choose the vice president from those with the two highest figures if no vice presidential candidate receives a majority of electoral votes (rather than only if there's a tie for second for president). It also stipulates that to be the vice president, a person must be qualified to be the president. The Congress may determine the Time of chusing [ sic ] the Electors, and

6360-688: The Seventh. Section 3 defines treason and limits its punishment. Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood , or Forfeiture except during

6480-471: The Supreme Court for every incumbent justice over the age of 70, up to a maximum of six. The Constitution is silent when it comes to judges of courts which have been abolished. The Judiciary Act of 1801 increased the number of courts to permit Federalist President John Adams to appoint a number of Federalist judges before Thomas Jefferson took office. When Jefferson became president, the Congress abolished several of these courts and made no provision for

6600-419: The Supreme Court has original jurisdiction in cases affecting ambassadors, ministers and consuls, and also in those controversies which are subject to federal judicial power because at least one state is a party; the Court has held that the latter requirement is met if the United States has a controversy with a state. In other cases, the Supreme Court has only appellate jurisdiction , which may be regulated by

6720-406: The Supreme Court ruled that "there must be an actual assembling of men, for the treasonable purpose, to constitute a levying of war." Under English law effective during the ratification of the U.S. Constitution, there were several species of treason. Of these, the Constitution adopted only two: levying war and adhering to enemies. Omitted were species of treason involving encompassing (or imagining)

6840-569: The Supreme Court. Additionally, this section requires trial by jury in all criminal cases, except impeachment cases. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which

6960-577: The Treason Clause was one of the enumerated powers of the federal government. He also stated that by defining treason in the U.S. Constitution and placing it in Article III " the founders intended the power to be checked by the judiciary, ruling out trials by military commissions . As James Madison noted, the Treason Clause also was designed to limit the power of the federal government to punish its citizens for 'adhering to [the] enemies [of

7080-399: The Treason Clause: As treason may be committed against the United States, the authority of the United States ought to be enabled to punish it. But as new-fangled and artificial treasons have been the great engines by which violent factions, the natural offspring of free government, have usually wreaked their alternate malignity on each other, the convention have, with great judgment, opposed

7200-413: The Trial shall be at such Place or Places as the Congress may by Law have directed. Clause 1 of Section 2 authorizes the federal courts to hear actual cases and controversies only. Their judicial power does not extend to cases which are hypothetical, or which are proscribed due to standing , mootness , or ripeness issues. Generally, a case or controversy requires the presence of adverse parties who have

7320-413: The U.S. Congress as leftovers from the Articles of Confederation. The Articles of Confederation, Continental Congress and its powers were abolished at the time the new U.S. Congress was seated and the new federal government formally and officially replaced its interim predecessor. The President may order military action in defense of the United States pursuant to "a national emergency created by attack upon

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7440-407: The United States , as well as lower courts created by Congress . Article Three empowers the courts to handle cases or controversies arising under federal law, as well as other enumerated areas. Article Three also defines treason . Section 1 of Article Three vests the judicial power of the United States in "one supreme Court", as well as "inferior courts" established by Congress. Section 1 authorizes

7560-432: The United States by], giving them aid and comfort.'" Section 3 also requires the testimony of two different witnesses on the same overt act , or a confession by the accused in open court , to convict for treason. This rule was derived from another English statute, the Treason Act 1695 . The English law did not require both witnesses to have witnessed the same overt act; this requirement, supported by Benjamin Franklin ,

7680-430: The United States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another State;—between Citizens of different States;—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which

7800-411: The United States shall be removed from office on Impeachment for, and conviction of, Treason, Bribery, or other high Crimes and Misdemeanors." The executive Power shall be vested in a President of the United States of America. The person 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: Section 1 begins with

7920-414: The United States shall be vested in one supreme Court, and in such Inferior Courts as shall, when necessary, from time to time, be constituted by the Legislature of the United States". Article III authorizes one Supreme Court, but does not set the number of justices that must be appointed to it. Article One, Section 3, Clause 6 refers to a "Chief Justice" (who shall preside over the impeachment trial of

8040-468: The United States was a defendant, the case in question was not an actual controversy; rather, the statute was merely devised to test the constitutionality of a certain type of legislation. Thus the Court's ruling would be nothing more than an advisory opinion ; therefore, the court dismissed the suit for failing to present a "case or controversy." A significant omission is that although Clause 1 provides that federal judicial power shall extend to "the laws of

8160-419: The United States, its territories or possessions, or its armed forces". The President must notify Congress within 48 hours after the beginning of military operations, giving the source of his authority for the action. Once legal notification is given to Congress, military action can continue for up to 60 days without further authorization from Congress, or up to 90 days if the President "determines and certifies to

8280-400: The United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. Article Three of the United States Constitution Article Three of the United States Constitution establishes the judicial branch of the U.S. federal government . Under Article Three, the judicial branch consists of the Supreme Court of

8400-447: The United States, the President has the authority to withdraw the United States from treaties when it is in the best interests and well being of the U.S. Presidential appointments are approved by advice and consent of the Senate. Senate consent occurs when a majority of senators votes to approve a nominee. The head of the Executive Branch is the President. The Constitution states that the President and Vice President are to be elected at

8520-497: The United States," it does not also provide that it shall extend to the laws of the several or individual states. In turn, the Judiciary Act of 1789 and subsequent acts never granted the U.S. Supreme Court the power to review decisions of state supreme courts on pure issues of state law. It is this silence which tacitly made state supreme courts the final expositors of the common law in their respective states. They were free to diverge from English precedents and from each other on

8640-469: The ability of a state to appoint its electors based on electoral districts rather than a statewide popular vote, describing the power of state legislatures to determine the method of appointment of electors as "plenary", and suggesting that it was not limited even by state constitutions. In Bush v. Palm Beach County Canvassing Board (2000), the Supreme Court remanded to the Supreme Court of Florida

8760-541: The actions of Congress or the executive branch. However, Alexander Hamilton, in Federalist No. 78 , expressed the view that the Courts hold only the power of words, and not the power of compulsion upon those other two branches of government, upon which the Supreme Court is itself dependent. Then in 1820, Thomas Jefferson expressed his deep reservations about the doctrine of judicial review: You seem ... to consider

8880-487: The armed forces, or by vesting in him a broad, undefined “executive Power.” Congress has delegated at least 136 distinct statutory emergency powers to the President, each available upon the declaration of an emergency. Only 13 of these require a declaration from Congress; the remaining 123 are assumed by an executive declaration with no further Congressional input. Congressionally-authorized emergency presidential powers are sweeping and dramatic and range from seizing control of

9000-589: The candidate's party. There have been a few cases where some electors have refused to vote for the designated candidate, termed a faithless elector . Many states have mandated in law that electors shall cast their electoral college ballot for the designated presidential candidate. The constitutionality of such mandates was established by the Supreme Court of the United States in Chiafalo v. Washington (2020). Each state chooses as many electors as it has representatives and senators representing it in Congress. Under

9120-456: The commissions to their respective appointees. When James Madison took office as Secretary of State, several commissions remained undelivered. Bringing their claims under the Judiciary Act of 1789 , the appointees, including William Marbury , petitioned the Supreme Court for the issue of a writ of mandamus , which in English law had been used to force public officials to fulfill their ministerial duties. Here, Madison would be required to deliver

9240-482: The commissions. Marbury posed a difficult problem for the court, which was then led by Chief Justice John Marshall, the same person who had neglected to deliver the commissions when he was the Secretary of State. If Marshall's court commanded James Madison to deliver the commissions, Madison might ignore the order, thereby indicating the weakness of the court. Similarly, if the court denied William Marbury's request,

9360-450: The constraints of eighteenth-century technology there was no practical means for that constituency to resolve deadlocked elections in a timely manner, thus necessitating the involvement of Congress in resolving deadlocked elections. Obviously, having the electors meet in the national capital or some other single venue could have permitted the electors to choose a president by means of an exhaustive ballot without Congressional involvement, but

9480-414: The court would be seen as weak. Marshall held that appointee Marbury was indeed entitled to his commission. However, Justice Marshall contended that the Judiciary Act of 1789 was unconstitutional, since it purported to grant original jurisdiction to the Supreme Court in cases not involving the States or ambassadors . The ruling thereby established that the federal courts could exercise judicial review over

9600-603: The court, but Article One establishes the position of chief justice . Along with the Vesting Clauses of Article One and Article Two , Article Three's Vesting Clause establishes the separation of powers between the three branches of government. Section 2 of Article Three delineates federal judicial power. The Case or Controversy Clause restricts the judiciary's power to actual cases and controversies, meaning that federal judicial power does not extend to cases which are hypothetical, or which are proscribed due to standing , mootness , or ripeness issues. Section 2 states that

9720-417: The creation of inferior courts, but does not require it; the first inferior federal courts were established shortly after the ratification of the Constitution with the Judiciary Act of 1789 . Section 1 also establishes that federal judges do not face term limits, and that an individual judge's salary may not be decreased. Article Three does not set the size of the Supreme Court or establish specific positions on

9840-602: The death of the king, certain types of counterfeiting, and finally fornication with women in the royal family of the sort which could call into question the parentage of royal successors. James Wilson wrote the original draft of this section, and he was involved as a defense attorney for some accused of treason against the Patriot cause. The two forms of treason adopted were both derived from the English Treason Act 1351 . Joseph Story wrote in his Commentaries on

9960-470: The duties imposed upon him are awesome indeed." Unlike the modern constitutions of many other countries, which specify when and how a state of emergency may be declared and which rights may be suspended, the U.S. Constitution itself includes no comprehensive separate regime for emergencies. However, according to The Atlantic , some legal scholars believe that the Constitution gives the president inherent emergency powers by making him commander in chief of

10080-550: The electors met in a single venue, especially under the initial assumption that they would act independently as opposed to being bound to vote for particular candidates, they would be vulnerable to the influence of mobs who might try to ensure a particular result by means of threats and intimidation – this had been a fairly common occurrence in European elections for powerful officials by relatively small constituencies (for example, and perhaps in particular, in papal elections ) from

10200-479: The federal judiciary to possess. In Federalist No. 78 , Alexander Hamilton wrote, The interpretation of the laws is the proper and peculiar province of the courts. A constitution, is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between two, that which has

10320-533: The federal judiciary's jurisdiction extends. Section 2 also gives Congress the power to strip the Supreme Court of appellate jurisdiction, and establishes that all federal crimes must be tried before a jury . Section 2 does not expressly grant the federal judiciary the power of judicial review , but the courts have exercised this power since the 1803 case of Marbury v. Madison . Section 3 of Article Three defines treason and empowers Congress to punish treason. Section 3 requires that at least two witnesses testify to

10440-414: The federal judiciary's power extends to cases arising under the Constitution, federal laws, federal treaties, controversies involving multiple states or foreign powers, and other enumerated areas. Section 2 gives the Supreme Court original jurisdiction when ambassadors, public officials, or the states are a party in the case, leaving the Supreme Court with appellate jurisdiction in all other areas to which

10560-490: The fifteen Cabinet secretaries in order of each department's establishment. There are concerns regarding the constitutionality of having members of Congress in the line of succession, however, as this clause specifies that only an " officer of the United States " may be designated as a presidential successor. Constitutional scholars from James Madison to the present day have argued that the term "officer" excludes members of Congress. The 25th Amendment explicitly states that if

10680-401: The five with the greatest number of votes. When the House voted, each state delegation cast one vote, and the vote of a majority of states was necessary to choose a president. If second-place candidates were tied, then the Senate broke the tie. A quorum in the House consisted of at least one member from two-thirds of the state delegations; there was no special quorum for the Senate. This procedure

10800-506: The framers were dissuaded from such an arrangement by two major considerations. First, it would have been quite burdensome for electors from distant states to travel to the national capital using eighteenth century means for the sole purpose of electing the president – since they were to be barred from simultaneously serving in the federal government in any other capacity, electors would likely have no other reason to go there. But probably even more importantly, many framers genuinely feared that if

10920-408: The individuals voted for had to be from a state different from the elector's. The individual with the majority of votes became president, and the runner-up became vice president. In case of a tie between candidates who received votes from a majority of electors, the House of Representatives would choose one of the tied candidates; if no person received a majority, then the House could again choose one of

11040-417: The judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, and the privilege of their corps ... Their power [is] the more dangerous as they are in office for life, and not responsible, as

11160-498: The judges of those courts. The Judicial Code of 1911 abolished circuit riding and transferred the circuit courts authority and jurisdiction to the district courts. The Constitution provides that judges "shall hold their Offices during good Behaviour." The term "good behaviour" is interpreted to mean that judges may serve for the remainder of their lives, although they may resign or retire voluntarily. A judge may also be removed by impeachment and conviction by congressional vote (hence

11280-481: The latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental. It can be of no weight to say that the courts, on the pretense of a repugnancy, may substitute their own pleasure to the constitutional intentions of the legislature. This might as well happen in the case of two contradictory statutes; or it might as well happen in every adjudication upon any single statute. The courts must declare

11400-527: The newly elected officers did not take power until March. The Federalist Party had lost the elections. In the words of President Thomas Jefferson , the Federalists "retired into the judiciary as a stronghold". In the four months following the elections, the outgoing Congress created several new judgeships, which were filled by President John Adams . In the last-minute rush, however, Federalist Secretary of State John Marshall had neglected to deliver 17 of

11520-414: The other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign within themselves. Clause 3 of Section 2 provides that Federal crimes, except impeachment cases, must be tried before

11640-400: The phrase at all—including those that transcribed what he said for his oath. Also, the president-elect's name is typically added after the "I", for example, "I, George Washington, do...." Normally, the chief justice of the United States administers the oath. It is sometimes asserted that the oath bestows upon the president the power to do whatever is necessary to "preserve, protect and defend

11760-642: The power of Congress to regulate political contributions intended to influence the appointment of electors in Burroughs v. United States (1934). The Electors shall meet in their 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

11880-413: The president dies, resigns or is removed from office, the vice president becomes president, and also establishes a procedure for filling a vacancy in the office of the vice president. The Amendment further provides that the president, or the vice president and Cabinet, can declare the president unable to discharge his or her duties, in which case the vice president becomes Acting president. If the declaration

12000-401: The president's death. The "Tyler Precedent" established that if the president dies, resigns or is removed from office, the vice president becomes president. The Congress may provide for a line of succession beyond the vice president. The current Presidential Succession Act establishes the order as the speaker of the House of Representatives, the president pro tempore of the Senate and then

12120-478: The progenitor, Montesquieu's writing on the separation of power in The Spirit of Laws was immensely influential on the U.S. Constitution. Section 1 is one of the three vesting clauses of the United States Constitution , which vests the judicial power of the United States in federal courts, requires the supreme court, allows inferior courts, requires good behavior tenure for judges, and prohibits decreasing

12240-635: The question of "the extent to which the Florida Supreme Court saw the Florida Constitution as circumscribing the legislature's authority under Art. II, § 1, cl. 2". In Williams v. Rhodes (1968), the Court struck down as a violation of the Equal Protection Clause an Ohio law which placed heavy burdens on minor parties seeking to be placed on the ballot for presidential electors. The Supreme Court upheld

12360-481: The right to become president. However, many senators argued that he only had the right to assume the powers of the presidency long enough to call for a new election. Because the wording of the clause is so vague, it was impossible for either side to prove its point. Tyler took the Oath of Office as president, setting a precedent that made it possible for later vice presidents to ascend to the presidency unchallenged following

12480-720: The rights of individuals when facing criminal prosecution and the Seventh Amendment establishes an individual's right to a jury trial in certain civil cases. It also inhibits courts from overturning a jury's findings of fact . The Supreme Court has extended the right to a jury in the Sixth Amendment to individuals facing trial in state courts through the Due Process Clause of the Fourteenth Amendment , but has refused to do so with

12600-522: The salaries of judges. The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office. The Committee of Detail report reads slightly differently: "The Judicial Power of

12720-462: The same time, for the same term, and by the same constituency. It is believed the framers wanted to preserve the independence of the executive branch should the Vice President assume the Presidency. 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

12840-435: The sense of the law; and if they should be disposed to exercise will instead of judgement, the consequence would equally be the substitution of their pleasure to that of the legislative body. The observation, if it prove any thing, would prove that there ought to be no judges distinct from that body. Marbury v. Madison involved a highly partisan set of circumstances. Though Congressional elections were held in November 1800,

12960-507: The superior obligation and validity ought, of course, to be preferred; or, in other words, the constitution ought to be preferred to the statute, the intention of the people to the intention of their agents. Hamilton goes on to counterbalance the tone of "judicial supremacists," those demanding that both Congress and the Executive are compelled by the Constitution to enforce all court decisions, including those that, in their eyes, or those of

13080-482: The term good behavior); this has occurred fourteen times . Three other judges, Mark W. Delahay , George W. English , and Samuel B. Kent , chose to resign rather than go through the impeachment process. The compensation of judges may not be decreased, but may be increased, during their continuance in office. Section 2 delineates federal judicial power, and brings that power into execution by conferring original jurisdiction and also appellate jurisdiction upon

13200-460: The theory during his impeachment trial . Otherwise, few have seriously asserted that the oath augments the president's powers. The vice president also has an oath of office , but it is taken under the Oath or Affirmation Clause of Article VI that provides that "all ... Officers ... of the United States ... shall be bound by Oath or Affirmation, to support this Constitution". Pursuant to Article VI,

13320-543: The treasonous act, or that the individual accused of treason confess in open court. It also limits the ways in which Congress can punish those convicted of treason. Unlike the Articles of Confederation , the US Constitution separated the legislative, executive and judicial powers. Article III separates and places the judicial power in the judiciary. This idea is most often attributed to Montesquieu . Although not

13440-414: The two major federal parties frequently select senior state party and government officials (up to and including governors) to serve as electors. All states other than Maine (including the District of Columbia) use a first past the post system in their presidential elections. In 2020, Maine switched from first past the post to ranked choice . In McPherson v. Blacker (1892), the Supreme Court affirmed

13560-534: The vast majority of legal issues which had never been made part of federal law by the Constitution, and the U.S. Supreme Court could do nothing, as it would ultimately concede in Erie Railroad Co. v. Tompkins (1938). By way of contrast, other English-speaking federations like Australia and Canada never adopted the Erie doctrine. That is, their highest courts have always possessed plenary power to impose

13680-629: The votes are opened and counted by the vice president, as president of the Senate , in a joint session of Congress . Section 1 of Article Two of the United States Constitution sets forth the eligibility requirements for serving as president of 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

13800-537: The will of the state legislatures. It does not define or delimit what process a state legislature may use to create its state college of electors. In practice, the state legislatures have generally chosen to select electors through an indirect popular vote, since the 1820s. Most states use a "winner-take-all" system in which all the state's electors are awarded to the candidate gaining the most popular votes. Maine and Nebraska allow individual congressional districts to each elect one elector. In an indirect popular vote, it

13920-511: Was added to the draft Constitution by a vote of 8 states to 3. In Cramer v. United States , 325 U.S. 1 (1945), the Supreme Court ruled that "[e]very act, movement, deed, and word of the defendant charged to constitute treason must be supported by the testimony of two witnesses." In Haupt v. United States , 330 U.S. 631 (1947), however, the Supreme Court found that two witnesses are not required to prove intent, nor are two witnesses required to prove that an overt act

14040-492: Was changed by the 12th Amendment in 1804.) In modern practice, parties nominate their electors through various methods, see Elector Nominations . Then, each state chooses its electors in popular elections. In most states, the party with the plurality of the popular vote gets all of its electors chosen. Once chosen, the electors meet in their respective states to cast ballots for the president and vice president. Originally, each elector cast two votes for president; at least one of

14160-408: Was followed in 1801 after the electoral vote produced a tie, and nearly resulted in a deadlock in the House . While the Constitution reflects the framers' clear preference for the president to be elected by a constituency independent of the Congress, one of the most palpable limitations created by the stipulation that electors meet in their respective states as opposed to a single venue was that given

14280-491: Was overturned by the Eleventh Amendment , which was passed by the Congress on March 4, 1794, 1  Stat.   402 and ratified by the states on February 7, 1795. It prohibits the federal courts from hearing "any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State". Clause 2 of Section 2 provides that

14400-505: Was rejected in favor of the provision that exists today. The Supreme Court has interpreted this provision as enabling Congress to create inferior (i.e., lower) courts under both Article III, Section 1, and Article I, Section 8. The Article III courts, which are also known as "constitutional courts", were first created by the Judiciary Act of 1789 , and are the only courts with judicial power. Article I courts, which are also known as "legislative courts", consist of regulatory agencies, such as

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