224-535: The vice president of the United States ( VPOTUS ) is the second-highest ranking office in the executive branch of the U.S. federal government , after the president of the United States , and ranks first in the presidential line of succession . The vice president is also an officer in the legislative branch , as the president of the Senate . In this capacity, the vice president is empowered to preside over
448-640: A U.S. citizen for at least seven years, and must live in the state that they represent. In addition to the 435 voting members, there are six non-voting members, consisting of five delegates and one resident commissioner . There is one delegate each from Washington, D.C. , Guam , the Virgin Islands , American Samoa , the Commonwealth of the Northern Mariana Islands , and a resident commissioner from Puerto Rico . Unlike
672-571: A "convenient number" of federal judges would form a Council of Revision with the power to veto any act of Congress. This veto could be overridden by an unspecified number of votes in both houses of Congress. James Wilson feared that the Virginia Plan made the executive too dependent on Congress. He argued that there should be a single, unitary executive . Members of a multiple executive would most likely be chosen from different regions and represent regional interests. In Wilson's view, only
896-484: A big decision was made; later, as president himself, Biden adopted this model with his own vice president, Kamala Harris. Recent vice presidents have been delegated authority by presidents to handle significant issue areas independently. Joe Biden (who has held the office of President and Vice President of the United States) has observed that the presidency is "too big anymore for any one man or woman". Dick Cheney
1120-464: A candidate of national character. Additionally, to guard against the possibility that electors might strategically waste their second votes, it was specified that the first runner-up would become vice president. The resultant method of electing the president and vice president, spelled out in Article II, Section 1, Clause 3 , allocated to each state a number of electors equal to
1344-500: A case of succession. Debate records from the 1787 Constitutional Convention, along with various participants' later writings on the subject, show that the framers of the Constitution intended that the vice president would temporarily exercise the powers and duties of the office in the event of a president's death, disability or removal, but not actually become the president of the United States in their own right. This understanding
1568-411: A challenge to party delegate selection rules to improve Reagan's chances. In the end, Ford narrowly won the presidential nomination and Reagan's selection of Schweiker became moot. In the 2008 Democratic presidential primaries, which pitted Hillary Clinton against Barack Obama , Clinton suggested a Clinton–Obama ticket with Obama in the vice president slot, which she said would be "unstoppable" against
1792-489: A chief executive called a president. The president and his cabinet would have veto power over legislation. The plan also included a national judiciary. On May 30, the Convention agreed, at the request of Gouverneur Morris , "that a national government ought to be established consisting of a supreme Legislative, Executive and Judiciary". This was the convention's first move towards going beyond its mandate merely to amend
2016-458: A chief executive who would be energetic, independent, and accountable. He believed that the moderate level of class conflict in American society produced a level of sociability and inter-class friendships that could make the presidency the symbolic leader of the entire American people. Wilson did not consider the possibility of bitterly polarized political parties . He saw popular sovereignty as
2240-707: A complex set of relationships between state and federal courts. Federal courts can sometimes hear cases arising under state law pursuant to diversity jurisdiction , state courts can decide certain matters involving federal law, and a handful of federal claims are primarily reserved by federal statute to the state courts. Both court systems have exclusive jurisdiction in some areas and concurrent jurisdiction in others. The U.S. Constitution safeguards judicial independence by providing that federal judges shall hold office "during good behavior"; in practice, this usually means they serve until they die, retire, or resign. A judge who commits an offense while in office may be impeached in
2464-523: A constitutional interpretation by the courts. One of the theoretical pillars of the U.S. Constitution is the idea of " checks and balances " among the powers and responsibilities of the three branches of American government: the executive, the legislative, and the judiciary. For example, while the legislative branch ( Congress ) has the power to create law, the executive branch under the president can veto any legislation—an act which, in turn, can be overridden by Congress. The president nominates judges to
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#17327879173982688-633: A document titled, "Vices of the Political System of the United States," which systematically evaluated the American political system and offered solutions for its weaknesses. Due to his advance preparation, Madison's blueprint for constitutional revision became the starting point for the convention's deliberations. Madison believed the solution to America's problems was to be found in a strong central government. Congress needed compulsory taxation authority as well as power to regulate foreign and interstate commerce. To prevent state interference with
2912-766: A federal army that would be able to put down such insurrections. These and other issues greatly worried many of the Founders that the Union as it existed up to that point was in danger of breaking apart. In September 1786, delegates from five states met at the Annapolis Convention and invited all states to a larger convention to be held in Philadelphia in 1787. On February 21, 1787, the Confederation Congress endorsed this convention "for
3136-552: A few cases. The judicial power extends to cases arising under the Constitution, an Act of Congress ; a U.S. treaty ; cases affecting ambassadors , ministers and consuls of foreign countries in the U.S.; cases and controversies to which the federal government is a party; controversies between states (or their citizens) and foreign nations (or their citizens or subjects); and bankruptcy cases (collectively "federal-question jurisdiction"). The Eleventh Amendment removed from federal jurisdiction cases in which citizens of one state were
3360-614: A fire marshal failed to recognize him when Coolidge's Washington residence was evacuated. John Nance Garner , who served as vice president from 1933 to 1941 under President Franklin D. Roosevelt , claimed that the vice presidency "isn't worth a pitcher of warm piss". Harry Truman , who also served as vice president under Franklin Roosevelt, said the office was as "useful as a cow's fifth teat". Walter Bagehot remarked in The English Constitution that "[t]he framers of
3584-492: A majority, the Senate must meet to elect a vice president using a contingent election procedure in which senators, casting votes individually, choose between the two candidates who received the most electoral votes for vice president. For a candidate to win the contingent election, they must receive votes from an absolute majority of senators (currently 51 of 100). Executive branch of the United States government [REDACTED] [REDACTED] The federal government of
3808-413: A memo following the 1976 election, that his most important role would be as a "general adviser" to the president. Al Gore was an important adviser to President Bill Clinton on matters of foreign policy and the environment . Dick Cheney was widely regarded as one of President George W. Bush's closest confidants. Joe Biden asked President Barack Obama to let him always be the "last person in the room" when
4032-414: A particular constituency. The vice presidential candidate might also be chosen on the basis of traits the presidential candidate is perceived to lack, or on the basis of name recognition. To foster party unity, popular runners-up in the presidential nomination process are commonly considered. While this selection process may enhance the chances of success for a national ticket, in the past it often resulted in
4256-658: A permanent alliance to coordinate American efforts to win the Revolutionary War . This alliance, the United States, was governed according to the Articles of Confederation , which was more of a treaty between independent countries than a national constitution. The Articles were adopted by the Second Continental Congress in 1777 but not ratified by all states until 1781. Under the Articles,
4480-493: A point to enter into an agreement with Vice President Richard Nixon that provided for Nixon to act on his behalf if Eisenhower became unable to provide effective presidential leadership (Nixon did informally assume some of the president's duties for several weeks on each of three occasions when Eisenhower was ill), discussions began in Congress about clearing up the Constitution's ambiguity on the subject. The present-day power of
4704-452: A result, the vice presidency originally had authority in only a few areas, although constitutional amendments have added or clarified some matters. Article I, Section 3, Clause 4 confers upon the vice president the title "President of the Senate", authorizing the vice president to preside over Senate meetings . In this capacity, the vice president is responsible for maintaining order and decorum, recognizing members to speak, and interpreting
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#17327879173984928-458: A second-tier politician, chosen either to appease the party's minority faction, satisfy party bosses, or to secure a key state. Factors playing a role in the selection included: geographic and ideological balance, widening a presidential candidate's appeal to voters from outside their regional base or wing of the party. Candidates from electoral-vote rich swing states were usually preferred. A 2016 study, which examined vice-presidential candidates over
5152-456: A single chief executive to be called the President; how a president would be elected; the length of a presidential term and the number of allowable terms; what offenses should be impeachable; and whether judges should be chosen by the legislature or the executive. Finally, slavery was also a contentious issue, with the delegates debating the insertion of a fugitive slave clause; whether to allow
5376-456: A single delegate to cast its vote. New York required all three of its delegates to be present. If too few of a state's delegates were in attendance, the state did not cast a vote. After two of New York's three delegates, John Lansing Jr. and Robert Yates , abandoned the convention on July 10 with no intention of returning, New York was unable to vote on any further proposals, although Alexander Hamilton would continue to occasionally speak during
5600-478: A single elected term." Under the Presentment Clause of Article I, a bill that passes both chambers of Congress shall be presented to the president, who may sign the bill into law or veto the bill by returning it to the chamber where it originated. If the president neither signs nor vetoes a bill "within ten Days (Sundays excepted) after it shall have been presented to him" it becomes a law without
5824-491: A single executive could represent the entire nation while giving "energy, dispatch, and responsibility" to the government. Wilson used his understanding of civic virtue as defined by the Scottish Enlightenment to help design the presidency. The challenge was to design a properly constituted executive that was fit for a republic and based on civic virtue by the general citizenry. He spoke 56 times calling for
6048-443: A single faction could more easily control the government within a state but would have a more difficult time dominating a national government comprising many different interest groups. The government could be designed to further insulate officeholders from the pressures of a majority faction. To protect both national authority and minority rights, Madison believed Congress should be granted veto power over state laws. While waiting for
6272-477: A single person." This motion was seconded by Charles Pinckney, whose plan called for a single executive and specifically named this official a "president". Edmund Randolph agreed with Wilson that the executive needed "vigor", but he disapproved of a unitary executive, which he feared was "the foetus of monarchy". Randolph and George Mason led the opposition against a unitary executive, but most delegates agreed with Wilson. The prospect that George Washington would be
6496-455: A single vote either for or against a proposal in accordance with the majority opinion of the state's delegates. This rule increased the power of the smaller states. When a state's delegates divided evenly on a motion, the state did not cast a vote. Throughout the convention, delegates would regularly come and go. Only 30 to 40 delegates were present on a typical day, and each state had its own quorum requirements. Maryland and Connecticut allowed
6720-747: A strong chief executive. Under the Articles of Confederation, the closest thing to an executive was the Committee of the States , which was empowered to transact government business while Congress was in recess. However, this body was largely inactive. The revolutionary state constitutions made the governors subordinate to the legislatures, denying them executive veto power over legislation. Without veto power, governors were unable to block legislation that threatened minority rights. States chose governors in different ways. Many state constitutions empowered legislatures to select them, but several allowed direct election by
6944-431: A vacancy in the office of vice president may be filled by presidential nomination and confirmation by a majority vote in both houses of Congress. The modern vice presidency is a position of significant power and is widely seen as an integral part of a president's administration. The presidential candidate selects the candidate for the vice presidency, as their running mate in the lead-up to the presidential election. While
Vice President of the United States - Misplaced Pages Continue
7168-533: A violation of the Constitution, he adhered to his position. His view ultimately prevailed as both the Senate and House voted to acknowledge him as president. The "Tyler Precedent" that a vice president assumes the full title and role of president upon the death, resignation, or removal from office (via impeachment conviction) of their predecessor was codified through the Twenty-fifth Amendment in 1967. Altogether, nine vice presidents have succeeded to
7392-426: Is both head of state and head of government , and the ceremonial duties of the former position are often delegated to the vice president. The vice president will on occasion represent the president and the U.S. government at state funerals abroad, or at various events in the United States. This often is the most visible role of the vice president. The vice president may also meet with other heads of state at times when
7616-454: Is composed of three distinct branches: legislative , executive , and judicial , whose powers are vested by the U.S. Constitution in the Congress , the president , and the federal courts , respectively. The powers and duties of these branches are further defined by acts of Congress, including the creation of executive departments and courts subordinate to the U.S. Supreme Court . In
7840-564: Is entitled to a number of electors equal to the size of its total delegation in both houses of Congress. Additionally, the Twenty-third Amendment provides that the District of Columbia is entitled to the number it would have if it were a state, but in no case more than that of the least populous state. Currently, all states and D.C. select their electors based on a popular election held on Election Day . In all but two states,
8064-455: Is not from their own state. Prior to the 2000 election , both George W. Bush and Dick Cheney lived in and voted in Texas. To avoid creating a potential problem for Texas's electors, Cheney changed his residency back to Wyoming prior to the campaign. Often, the presidential nominee will name a vice presidential candidate who will bring geographic or ideological balance to the ticket or appeal to
8288-456: Is offering vice presidency to the person who's in first place." Obama said the nomination process would have to be a choice between himself and Clinton, saying "I don't want anybody here thinking that 'Somehow, maybe I can get both ' ", by nominating Clinton and assuming he would be her running mate. Some suggested that it was a ploy by the Clinton campaign to denigrate Obama as less qualified for
8512-422: Is shared between the federal government and state governments . The interpretation and execution of these principles, including what powers the federal government should have and how those powers can be exercised, have been debated ever since the adoption of the Constitution. Some make a case for expansive federal powers while others argue for a more limited role for the central government in relation to individuals,
8736-695: The Continental Army in the late American Revolutionary War (1775–1783) and proponent of a stronger national government, to become President of the convention. The result of the convention was the creation of the Constitution of the United States , placing the Convention among the most significant events in American history . The convention took place in the old Pennsylvania State House, now known as Independence Hall , in Philadelphia . At
8960-627: The Electoral College votes, and then, in the presence of the Senate and House of Representatives, opens the sealed votes. The votes are counted during a joint session of Congress as prescribed by the Electoral Count Act and the Electoral Count Reform and Presidential Transition Improvement Act . The former specifies that the president of the Senate presides over the joint session, and the latter clarifies
9184-553: The New Jersey Plan , the Confederation Congress would remain unicameral with each state having one vote. Congress would be allowed to levy tariffs and other taxes as well as regulate trade and commerce. Congress would elect a plural "federal executive" whose members would serve a single term and could be removed by Congress at the request of a majority of state governors. There would also be a federal judiciary to apply US law. Federal judges would serve for life and be appointed by
Vice President of the United States - Misplaced Pages Continue
9408-508: The Senate . The U.S. House of Representatives is made up of 435 voting members, each of whom represents a congressional district in a state from where they were elected. Apportionment of seats among the 50 states is determined by state populations, and it is updated after each decennial U.S. Census. Each member serves a two-year term. In order to be elected as a representative, an individual must be at least 25 years of age, must have been
9632-526: The Supreme Court , combat piracies and felonies , declare war , raise and support armies , provide and maintain a navy , make rules for the regulation of land and naval forces, provide for, arm and discipline the militia , exercise exclusive legislation in the District of Columbia , regulate interstate commerce , and to make laws necessary to properly execute powers. Over the two centuries since
9856-622: The Three-Fifths Compromise on June 11. This resolution apportioned seats in the House of Representatives based on a state's free population plus three-fifths of its slave population. Nine states voted in favor, with only New Jersey and Delaware against. This compromise would give the South at least a dozen additional congressmen and electoral college votes. That same day, the large-state/slave-state alliance also succeeded in applying
10080-441: The U.S. Senate , all members of the U.S. House must be elected and cannot be appointed. In the case of a vacancy, the seat must be filled through a special election, as required under Article 1 of the U.S. Constitution. In contrast, the Senate is made up of two senators from each state, regardless of population. There are currently 100 senators (2 from each of the 50 states), who each serve six-year terms. Approximately one-third of
10304-532: The U.S. Tax Court , are specialized courts handling only certain kinds of cases, known as subject matter jurisdiction . The Bankruptcy Courts are supervised by the district courts, and, as such, are not considered part of the Article III judiciary. As such, their judges do not have lifetime tenure, nor are they Constitutionally exempt from diminution of their remuneration. The Tax Court is an Article I Court, not an Article III Court. The district courts are
10528-544: The US–Mexico border . The vice president is often an important liaison between the administration and Congress, especially in situations where the president has not previously served in Congress or served only briefly. Vice presidents are often selected as running mates in part due to their legislative relationships, notably including Richard Nixon, Lyndon Johnson, Walter Mondale, Dick Cheney, Joe Biden, and Mike Pence among others. In recent years, Dick Cheney held weekly meetings in
10752-490: The United States Cabinet and United States National Security Council and thus plays a significant role in executive government and national security matters. As the vice president's role within the executive branch has expanded, the legislative branch role has contracted; for example, vice presidents now preside over the Senate only infrequently. The role of the vice presidency has changed dramatically since
10976-505: The United States District Courts , which are the general trial courts for federal law, and for certain controversies between litigants who are not deemed citizens of the same state, known as diversity jurisdiction . There are three levels of federal courts with general jurisdiction, which are courts that handle both criminal and civil suits between individuals. Other courts, such as the bankruptcy courts and
11200-914: The United States Postal Service (USPS), NASA , the Central Intelligence Agency (CIA), the Environmental Protection Agency (EPA), and the United States Agency for International Development (USAID). In addition, there are government-owned corporations , including the Federal Deposit Insurance Corporation and the National Railroad Passenger Corporation . The Judiciary, under Article III of
11424-546: The United States Senate , but may not vote except to cast a tie-breaking vote . The vice president is indirectly elected at the same time as the president to a four-year term of office by the people of the United States through the Electoral College , but the electoral votes are cast separately for these two offices. Following the passage in 1967 of the Twenty-fifth Amendment to the US Constitution,
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#173278791739811648-713: The White House staff, the National Security Council , the Office of Management and Budget , the Council of Economic Advisers , the Council on Environmental Quality , the Office of the U.S. Trade Representative , the Office of National Drug Control Policy , and the Office of Science and Technology Policy . Outside of the EOP and the executive departments are a number of independent agencies . These include
11872-483: The election of 1800 , Jefferson and fellow Democratic-Republican Aaron Burr each received 73 electoral votes. In the contingent election that followed, Jefferson finally won the presidency on the 36th ballot, leaving Burr the vice presidency. Afterward, the system was overhauled through the Twelfth Amendment in time to be used in the 1804 election . For much of its existence, the office of vice president
12096-424: The electoral college —the states would be divided into districts in which voters would choose electors who would then elect the president. This would preserve the separation of powers and keep the state legislatures out of the selection process. Initially, however, this scheme received little support. The issue of the executive was one of the last major issues to be resolved. Resolution was achieved by adjustment to
12320-448: The federal division of power, the federal government shares sovereignty with each of the 50 states in their respective territories. U.S. law recognizes Indigenous tribes as possessing sovereign powers , while being subject to federal jurisdiction. The full name of the republic is the "United States of America". No other name appears in the Constitution , and this is the name that appears on money, in treaties, and in legal cases to which
12544-573: The head of government (the chief executive). The Constitution directs the president to " take care that the laws be faithfully executed " and requires the president to swear or affirm to "preserve, protect and defend the Constitution of the United States." Legal scholars William P. Marshall and Saikrishna B. Prakash write of the Clause: "the President may neither breach federal law nor order their subordinates to do so, for defiance cannot be considered faithful execution. The Constitution also incorporates
12768-481: The 1930s, with the Office of the Vice President being created in the executive branch in 1939, and has since grown much further. Due to its increase in power and prestige, the vice presidency is now often considered to be a stepping stone to the presidency. Since the 1970s, the vice president has been afforded an official residence at Number One Observatory Circle . The Constitution does not expressly assign
12992-431: The 19th century and first half of the 20th century, several presidents experienced periods of severe illness, physical disability or injury, some lasting for weeks or months. During these times, even though the nation needed effective presidential leadership, no vice president wanted to seem like a usurper, and so power was never transferred. After President Dwight D. Eisenhower openly addressed his health issues and made it
13216-439: The 20th century. By adopting primary voting, the field of candidates for vice president was expanded by both the increased quantity and quality of presidential candidates successful in some primaries, yet who ultimately failed to capture the presidential nomination at the convention. At the start of the 21st century, Dick Cheney (2001–2009) held a tremendous amount of power and frequently made policy decisions on his own, without
13440-469: The 25th Amendment, were inaugurated in the House and Senate chambers respectively. At the 1940 Democratic National Convention , Roosevelt selected his own running mate, Henry Wallace , instead of leaving the nomination to the convention, when he wanted Garner replaced. He then gave Wallace major responsibilities during World War II . However, after numerous policy disputes between Wallace and other Roosevelt Administration and Democratic Party officials, he
13664-476: The Articles of Confederation and instead produce an entirely new government. Once it had agreed to the idea of a supreme national government, the convention began debating specific parts of the Virginia Plan. The Virginia Plan called for the unicameral Confederation Congress to be replaced with a bicameral Congress. This would be a truly national legislature with power to make laws "in all cases to which
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#173278791739813888-886: The Cabinet who are appointed by the president. These are the White House Chief of Staff, Administrator of the Environmental Protection Agency, Director of the Office of Management & Budget, United States Trade Representative, U.S. Ambassador to the United Nations, Chairman of the Council of Economic Advisers, and Administrator of the Small Business Administration. The heads of the 15 departments are chosen by
14112-481: The Confederation Congress and veto power over state laws. There was some opposition to the popular election of the lower house or House of Representatives . Elbridge Gerry of Massachusetts and Roger Sherman of Connecticut feared the people were too easily misled by demagogues and that popular election could lead to mob rule and anarchy. Pierce Butler of South Carolina believed that only wealthy men of property could be trusted with political power. The majority of
14336-471: The Confederation government lacked effective means to enforce its own laws and treaties against state non-compliance. It soon became evident to nearly all that the Confederation government, as originally organized, was inadequate for managing the various problems confronting the United States. Once the crucial task of winning the war had passed, states began to look to their own interests rather than
14560-418: The Constitution does not specifically require it. However, whenever the president of the United States is on trial, the Constitution requires that the chief justice of the United States must preside. This stipulation was designed to avoid the possible conflict of interest in having the vice president preside over the trial for the removal of the one official standing between them and the presidency. In contrast,
14784-649: The Constitution expected that the vice -president would be elected by the Electoral College as the second wisest man in the country. The vice-presidentship being a sinecure, a second-rate man agreeable to the wire-pullers is always smuggled in. The chance of succession to the presidentship is too distant to be thought of." When the Whig Party asked Daniel Webster to run for the vice presidency on Zachary Taylor 's ticket, he replied "I do not propose to be buried until I am really dead and in my coffin." This
15008-412: The Constitution is silent about which federal official would preside were the vice president on trial by the Senate. No vice president has ever been impeached, thus leaving it unclear whether an impeached vice president could, as president of the Senate, preside at their own impeachment trial. The Twelfth Amendment provides that the vice president, in their capacity as the president of the Senate, receives
15232-643: The Constitution, explains and applies the laws. This branch does this by hearing and eventually making decisions on various legal cases. Article III section I of the Constitution establishes the Supreme Court of the United States and authorizes the United States Congress to establish inferior courts as their need shall arise. Section I also establishes a lifetime tenure for all federal judges and states that their compensation may not be diminished during their time in office. Article II section II establishes that all federal judges are to be appointed by
15456-402: The Convention if proportional representation replaced equal representation, so debate on apportionment was postponed. On June 9, William Paterson of New Jersey reminded the delegates that they were sent to Philadelphia to revise the Articles of Confederation, not to establish a national government. While he agreed that the Confederation Congress needed new powers, including the power to coerce
15680-593: The English bars on dispensing or suspending the law, with some supposing that the Clause itself prohibits both." Many presidential actions are undertaken via executive orders , presidential proclamations , and presidential memoranda . The president is the commander-in-chief of the armed forces . Under the Reception Clause , the president is empowered to "receive Ambassadors and other public Ministers";
15904-546: The Executive branch. In addition, the vice presidential nominee has always been an official resident of a different state than the presidential nominee. While nothing in the Constitution prohibits a presidential candidate and his or her running mate being from the same state, the "inhabitant clause" of the Twelfth Amendment does mandate that every presidential elector must cast a ballot for at least one candidate who
16128-455: The House dais . Most recently, Vice President Mike Pence , on January 6, 2021, announced the election of his successor , Kamala Harris . Article II, Section 1, Clause 6 stipulates that the vice president takes over the "powers and duties" of the presidency in the event of a president's removal, death, resignation, or inability. Even so, it did not clearly state whether the vice president became president or simply acted as president in
16352-413: The House plus its two senators). The District of Columbia has a number of electoral votes "equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State". A President may also be seated by succession . As originally drafted, there was no limit to the time a President could serve, however
16576-667: The OEOB has since been designated the "Ceremonial Office of the Vice President" and is today used for formal events and press interviews. President Jimmy Carter was the first president to give his vice president, Walter Mondale , an office in the West Wing of the White House, which all vice presidents have since retained. Because of their function as president of the Senate, vice presidents still maintain offices and staff members on Capitol Hill. This change came about because Carter held
16800-837: The President alone, in the Courts of Law, or in the Heads of Departments." These appointments delegate "by legal authority a portion of the sovereign powers of the federal government." The Constitution grants the president the "Power to grant Reprieves and Pardons for Offences against the United States , except in Cases of Impeachment"; this clemency power includes the power to issue absolute or conditional pardons, and to issue commute sentences , to remit fines, and to issue general amnesties . The presidential clemency power extends only to federal crimes, and not to state crimes. The president has informal powers beyond their formal powers. For example,
17024-439: The Senate stands for election every two years. If a vacancy occurs, the state governor appoints a replacement to complete the term or to hold the office until a special election can take place. The House and Senate each have particular exclusive powers. For example, the Senate must approve (give " advice and consent " to) many important presidential appointments, including cabinet officers, federal judges (including nominees to
17248-414: The Senate would appoint them. The small state delegates were alarmed at the plan taking shape: a supreme national government that could override state laws and proportional representation in both houses of Congress. William Paterson and other delegates from New Jersey, Connecticut, Maryland and New York created an alternative plan that consisted of several amendments to the Articles of Confederation. Under
17472-489: The Senate's rules, practices, and precedent. With this position also comes the authority to cast a tie-breaking vote . In practice, the number of times vice presidents have exercised this right has varied greatly. Incumbent vice president Kamala Harris holds the record at 33 votes, followed by John C. Calhoun who had previously held the record at 31 votes; John Adams ranks third with 29. Nine vice presidents, most recently Joe Biden , did not cast any tie-breaking votes. As
17696-479: The Supreme Court), department secretaries (heads of federal executive branch departments), U.S. military and naval officers, and ambassadors to foreign countries. All legislative bills for raising revenue must originate in the House of Representatives. The approval of both chambers is required to pass all legislation, which then may only become law by being signed by the president (or, if the president vetoes
17920-493: The Twenty-second Amendment, ratified in 1951, originally limits any president to serving two four-year terms (8 years); the amendment specifically "caps the service of a president at 10 years" by providing that "if a person succeeds to the office of president without election and serves less than two years, he may run for two full terms; otherwise, a person succeeding to office of president can serve no more than
18144-552: The United States ( U.S. federal government or U.S. government ) is the common government of the United States , a federal republic located primarily in North America , comprising 50 states , five major self-governing territories , several island possessions , and the federal district (national capital) of Washington, D.C. , where the majority of the federal government is based. The U.S. federal government
18368-488: The United States was essentially a federation of independent republics, with the Articles guaranteeing state sovereignty and independence. The Confederation was governed by the Congress of the Confederation , a unicameral legislature whose members were chosen by their state legislatures and where each state was entitled to one vote. Congress's powers were limited to waging war and directing foreign affairs. It could not levy taxes or tariffs, and it could only request money from
18592-525: The United States was formed, many disputes have arisen over the limits on the powers of the federal government. These disputes have often been the subject of lawsuits that have ultimately been decided by the United States Supreme Court . Congressional oversight is intended to prevent waste and fraud, protect civil liberties and individual rights, ensure executive compliance with the law, gather information for making laws and educating
18816-476: The Vice President's Room at the United States Capitol , Joe Biden played a key role in bipartisan budget negotiations, and Mike Pence often met with House and Senate Republicans. Kamala Harris, the current vice president, presided over a 50–50 split Senate during the 117th Congress , which provided her with a key role in passing legislation. Under the American system of government the president
19040-477: The Virginia Plan by making it seem moderate by comparison. The plan was so out of step with political reality that it was not even debated, and Hamilton would be troubled for years by accusations that he was a monarchist . On June 19, the delegates voted on the New Jersey Plan. With the support of the slave states and Connecticut, the large states defeated the plan by a 7–3 margin. Maryland's delegation
19264-484: The abolition of the slave trade; and whether slaves were to be counted in proportional representation. Most of the time during the convention was spent on deciding these issues. Progress was slow until mid-July, when the Connecticut Compromise resolved enough lingering arguments for a draft written by the Committee of Detail to gain acceptance. Though more modifications and compromises were made over
19488-448: The above qualifications is still disqualified from holding the office of vice president under the following conditions: The vice presidential candidates of the major national political parties are formally selected by each party's quadrennial nominating convention, following the selection of the party's presidential candidate. The official process is identical to the one by which the presidential candidates are chosen, with delegates placing
19712-552: The administration wishes to demonstrate concern or support but cannot send the president personally. Since 1949, the vice president has legally been a member of the National Security Council . Harry Truman , having not been told about any war or post-war plans during his vice presidency (notably the Manhattan Project ), recognized that upon assuming the presidency a vice president needed to be already informed on such issues. Modern vice presidents have also been included in
19936-494: The average voter would be too ignorant about the candidates to make an informed decision. Sherman proposed an arrangement similar to a parliamentary system in which the executive should be appointed by and directly accountable to the legislature. A majority of delegates favored the president's election by Congress for a seven-year term, though there was concern that this would give the legislature too much power. Southern delegates supported selection by state legislatures, but this
20160-523: The balloting. Eagleton nevertheless received a majority of the votes and the nomination, though he later resigned from the ticket, resulting in Sargent Shriver from Maryland becoming McGovern's final running mate; both lost to the Nixon–Agnew ticket by a wide margin, carrying only Massachusetts and the District of Columbia . During times in a presidential election cycle before the identity of
20384-458: The bill, both houses of Congress then re-pass the bill, but by a two-thirds majority of each chamber, in which case the bill becomes law without the president's signature). The powers of Congress are limited to those enumerated in the Constitution; all other powers are reserved to the states and the people. The Constitution also includes the Necessary and Proper Clause , which grants Congress
20608-402: The case from state court to federal court. The United States Courts of Appeals are appellate courts that hear appeals of cases decided by the district courts, and some direct appeals from administrative agencies, and some interlocutory appeals. The U.S. Supreme Court hears appeals from the decisions of the courts of appeals or state supreme courts, and in addition has original jurisdiction over
20832-446: The cement that held America together linking the interests of the people and of the presidential administration. Wilson envisioned a president who would be a man of the people and who embodied the national responsibility for the public good and provided transparency and accountability by being a highly visible national leader, as opposed to numerous largely anonymous congressmen. On June 1, Wilson proposed that "the Executive consist of
21056-404: The chambers to consider urgent matters. The vice president is the second-highest official in rank of the federal government. The vice president's duties and powers are established in the legislative branch of the federal government under Article 1, Section 3, Clauses 4 and 5 as the president of the Senate ; this means that they are the designated presiding officer of the Senate. In that capacity,
21280-425: The combined total of its Senate and House of Representatives membership. Each elector was allowed to vote for two people for president (rather than for both president and vice president), but could not differentiate between their first and second choice for the presidency. The person receiving the greatest number of votes (provided it was an absolute majority of the whole number of electors) would be president, while
21504-474: The common fate." Thomas R. Marshall , who served as vice president from 1913 to 1921 under President Woodrow Wilson , lamented: "Once there were two brothers. One ran away to sea; the other was elected Vice President of the United States. And nothing was heard of either of them again." His successor, Calvin Coolidge , was so obscure that Major League Baseball sent him free passes that misspelled his name, and
21728-544: The consent of two-thirds of the Senate. Article II's Appointments Clause provides that the president "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 " while providing that "Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in
21952-399: The convention began, however, most of the delegates – though not all – came to agree in general terms that the goal would be a new system of government, not simply a revised version of the Articles of Confederation. Several broad outlines were proposed and debated, most notably Madison's Virginia Plan and William Paterson 's New Jersey Plan . The Virginia Plan was selected as the basis for
22176-483: The convention had to be postponed when very few of the selected delegates were present on that day due to the difficulty of travel in the late 18th century. On May 14, only delegates from Virginia and Pennsylvania were present. It was not until May 25 that a quorum of seven states was secured and the convention could begin inside the Pennsylvania State House . New Hampshire delegates would not join
22400-448: The convention to formally begin, Madison sketched out his initial proposal, which became known as the Virginia Plan and reflected his views as a strong nationalist . The Virginia and Pennsylvania delegates agreed with Madison's plan and formed what came to be the predominant coalition within the convention. The plan was modeled on the state governments and was written in the form of fifteen resolutions outlining basic principles. It lacked
22624-420: The convention until July 23, more than halfway through the proceedings. Among the first things that the Convention did were to choose a presiding officer, unanimously electing George Washington to be the president of the convention. The convention then adopted rules drafted by a committee whose members were George Wythe (chairman), Charles Pinckney , and Alexander Hamilton . Each state delegation received
22848-427: The convention was intended to revise the league of states and first system of government under the Articles of Confederation , the intention from the outset of many of its proponents, chief among them James Madison of Virginia and Alexander Hamilton of New York, was to create a new frame of government rather than fix the existing one. The delegates elected George Washington of Virginia, former commanding general of
23072-430: The convention, however, supported popular election. George Mason of Virginia said the lower house was "to be the grand depository of the democratic principle of the government." There was general agreement that the upper house or Senate should be smaller and more selective than the lower house. Its members should be gentlemen drawn from the most intelligent and virtuous among the citizenry. Experience had convinced
23296-575: The country's. By the mid-1780s, states were refusing to provide Congress with funding, which meant the government could not meet the interest on its foreign debt, pay the soldiers stationed along the Ohio River, or defend American navigation rights on the Mississippi River against Spanish interference. In 1782, Rhode Island vetoed an amendment that would have allowed Congress to levy taxes on imports to pay off federal debts. A second attempt
23520-488: The country." Vice President Charles Curtis regularly attended Cabinet meetings on the invitation of President Herbert Hoover . In 1933, Franklin D. Roosevelt raised the stature of the office by renewing the practice of inviting the vice president to cabinet meetings, which every president since has maintained. Roosevelt's first vice president, John Nance Garner , broke with him over the " court-packing " issue early in his second term, and became Roosevelt's leading critic. At
23744-525: The date of the congressional joint session, Humphrey was in Norway attending the funeral of Trygve Lie , the first elected Secretary-General of the United Nations . The president pro tempore, Richard Russell , presided in his absence. On February 8, 1933, Vice President Charles Curtis announced the election of his successor, House Speaker John Nance Garner , while Garner was seated next to him on
23968-410: The debates. The rules allowed delegates to demand reconsideration of any decision previously voted on. This enabled the delegates to take straw votes to measure the strength of controversial proposals and to change their minds as they worked for consensus. It was also agreed that the discussions and votes would be kept secret until the conclusion of the meeting. Despite the sweltering summer heat,
24192-478: The delegates that such an upper house was necessary to tame the excesses of the democratically elected lower house. The Virginia Plan's method of selecting the Senate was more controversial. Members concerned with preserving state power wanted state legislatures to select senators, while James Wilson of Pennsylvania proposed direct election by the people. It was not until June 7 that the delegates unanimously decided that state legislatures would choose senators. On
24416-572: The economy. In addition, each house may name special, or select, committees to study specific problems. Today, much of the congressional workload is borne by the subcommittees, of which there are around 150. The Constitution grants numerous powers to Congress. Enumerated in Article I, Section 8, these include the powers to levy and collect taxes ; to coin money and regulate its value; provide for punishment for counterfeiting; establish post offices and roads, issue patents, create federal courts inferior to
24640-481: The election, the electors convene in their respective states (and in Washington D.C.) to vote for president and, on a separate ballot, for vice president. The certified results are opened and counted during a joint session of Congress, held in the first week of January. A candidate who receives an absolute majority of electoral votes for vice president (currently 270 of 538) is declared the winner. If no candidate has
24864-456: The electoral college proposal. At the time, before the formation of modern political parties, there was widespread concern that candidates would routinely fail to secure a majority of electors in the electoral college. The method of resolving this problem, therefore, was a contested issue. Most thought that the House of Representatives should then choose the president since it most closely reflected
25088-404: The exact nature of the role varies in each administration, since the vice president's service in office is by election, the president cannot dismiss the vice president, and the personal working-relationship with the president varies, most modern vice presidents serve as a key presidential advisor, governing partner, and representative of the president. The vice president is also a statutory member of
25312-418: The executive branch when becoming president upon the death, resignation, or removal of the president, which has happened nine times in U.S. history. Lastly, in the case of a Twenty-fifth Amendment succession event, the vice president would become acting president, assuming all of the powers and duties of president, except being designated as president. Accordingly, by circumstances, the Constitution designates
25536-425: The executive. On June 2, John Dickinson of Delaware proposed that the president be removed from office by Congress at the request of a majority of state legislatures. Madison and Wilson opposed this state interference in the national executive branch. Sherman argued that Congress should be able to remove the president for any reason in what was essentially a vote of no-confidence . George Mason worried that would make
25760-571: The executives. Laws enacted by Congress would take precedence over state laws. This plan was introduced on June 15. On June 18, Alexander Hamilton of New York presented his own plan that was at odds with both the Virginia and New Jersey plans. It called for the constitution to be modeled on the British government . The bicameral legislature included a lower house called the Assembly elected by
25984-417: The federal government's authority, Madison believed there needed to be a way to enforce the federal supremacy, such as an explicit right of Congress to use force against non-compliant states and the creation of a federal court system. Madison also believed the method of representation in Congress had to change. Since under Madison's plan, Congress would exercise authority over citizens directly—not simply through
26208-520: The federal government; for instance, the Federal Bureau of Investigation , National Oceanic and Atmospheric Administration , and National Park Service . Because the seat of government is in Washington, D.C. , "Washington" is sometimes used as a metonym for the federal government. The United States government is based on the principles of federalism and republicanism , in which power
26432-481: The first hundred years of the United States' existence no fewer than seven proposals to abolish the office of vice president were advanced. The first such constitutional amendment was presented by Samuel W. Dana in 1800; it was defeated by a vote of 27 to 85 in the United States House of Representatives . The second, introduced by United States Senator James Hillhouse in 1808, was also defeated. During
26656-439: The first president may have allowed the proponents of a unitary executive to accumulate a large coalition. Wilson's motion for a single executive passed on June 4. Initially, the convention set the executive's term of office to seven years, but this would be revisited. Wilson also argued that the executive should be directly elected by the people. Only through direct election could the executive be independent of both Congress and
26880-446: The first woman in U.S. history to have presidential powers and duties. Sections 3 and 4 were added because there was ambiguity in the Article II succession clause regarding a disabled president, including what constituted an " inability ", who determined the existence of an inability, and if a vice president became president for the rest of the presidential term in the case of an inability or became merely "acting president". During
27104-476: The following weeks, most of this draft can be found in the finished version of the Constitution. After several more issues were debated and resolved, the Committee of Style produced the final version in early September. It was voted on by the delegates, inscribed on parchment by Jacob Shallus with engraving for printing, and signed by 39 of 55 delegates on September 17, 1787. The completed proposed Constitution
27328-434: The framers of the Constitution anticipated that the vice president would not always be available to fulfill this responsibility, the Constitution provides that the Senate may elect a president pro tempore (or " president for a time ") in order to maintain the proper ordering of the legislative process. In practice, since the early 20th century, neither the president of the Senate nor the pro tempore regularly presides; instead,
27552-512: The individual who received the next largest number of votes became vice president. If there were a tie for first or for second place, or if no one won a majority of votes, the president and vice president would be selected by means of contingent elections protocols stated in the clause. The first two vice presidents, John Adams and Thomas Jefferson , both of whom gained the office by virtue of being runners-up in presidential contests, presided regularly over Senate proceedings and did much to shape
27776-415: The knowledge of the president. This rapid growth led to Matthew Yglesias and Bruce Ackerman calling for the abolition of the vice presidency while 2008 's both vice presidential candidates, Sarah Palin and Joe Biden , said they would reduce the role to simply being an adviser to the president. [REDACTED] [REDACTED] Although delegates to the constitutional convention approved establishing
28000-410: The late 1860s and 1870s, five additional amendments were proposed. One advocate, James Mitchell Ashley , opined that the office of vice president was "superfluous" and dangerous. Garret Hobart , the first vice president under William McKinley , was one of the very few vice presidents at this time who played an important role in the administration. A close confidant and adviser of the president, Hobart
28224-486: The law and creating precedent for future law and decisions. The United States Constitution does not specifically mention the power of judicial review , which is the power to declare a law unconstitutional. There have been instances in the past where such declarations have been ignored by the other two branches. Below the U.S. Supreme Court are the United States Courts of Appeals , and below them in turn are
28448-414: The legislature into an upper and lower house was familiar and had wide support. The British Parliament had an elected House of Commons and a hereditary House of Lords . All the states had bicameral legislatures except for Pennsylvania. The delegates quickly agreed that each house of Congress should be able to originate bills. They also agreed that the new Congress would have all the legislative powers of
28672-411: The legislature, specifically the composition and election procedures for the Senate as the upper legislative house of a bicameral Congress , and whether proportional representation was to be defined by a state's geography or by its population. The role of the executive was also hotly debated, including the key issues of whether to divide the executive power among three people or vest the power in
28896-476: The legislature, which was viewed as most representative of the people, including power traditionally considered as belonging to the executive and judicial branches. State governors lacked significant authority, and state courts and judges were under the control of the legislative branch at the time. The Second Continental Congress adopted the Declaration of Independence in 1776, and the 13 states created
29120-443: The link had to be severed between the two, thus creating the "third branch" of the judiciary which had been without any direct precedent before this point. On June 4, delegates unanimously agreed to a national judiciary "of one supreme tribunal and one or more inferior tribunals". The delegates disagreed on how federal judges should be chosen. The Virginia Plan called for the national legislature to appoint judges. James Wilson wanted
29344-410: The lower house from candidates nominated by state legislatures. Immediately after agreeing to form a supreme national government, the delegates turned to the Virginia Plan's proposal for proportional representation in Congress. Virginia, Pennsylvania and Massachusetts, the most populous states, were unhappy with the one-vote-per-state rule in the Confederation Congress because they could be outvoted by
29568-405: The measure of our power. [T]hey denoted also the sentiments of the States on the subject of our deliberation. The idea of a national [Government] as contradistinguished from a federal one, never entered into the mind of any of them, and to the public mind we must accommodate ourselves. We have no power to go beyond the federal scheme, and if we had the people are not ripe for any other. We must follow
29792-419: The mode of election of the executive but had not reached consensus. This all changed on September 4, when the committee recommended that the nation's chief executive be elected by an Electoral College , with each state having a number of presidential electors equal to the sum of that state's allocation of representatives and senators . Recognizing that loyalty to one's individual state outweighed loyalty to
30016-537: The names of candidates into nomination, followed by a ballot in which candidates must receive a majority to secure the party's nomination. In modern practice, the presidential nominee has considerable influence on the decision, and since the mid 20th century it became customary for that person to select a preferred running mate, who is then nominated and accepted by the convention. Prior to Franklin D. Roosevelt in 1940, only two presidents—Andrew Jackson in 1832 and Abraham Lincoln in 1864 —had done so. In recent years, with
30240-464: The nation is a party. The terms "Government of the United States of America" or "United States Government" are often used in official documents to represent the federal government as distinct from the states collectively. In casual conversation or writing, the term "Federal Government" is often used, and the term "U.S. Government" is sometimes used. The terms "Federal" and "National" in government agency or program names generally indicate affiliation with
30464-426: The nation's highest judiciary authority, the Supreme Court (as well as to lower federal courts), but those nominees must be approved by Congress. The Supreme Court, in turn, can invalidate unconstitutional laws passed by the Congress. The United States Congress , under Article I of the Constitution, is the legislative branch of the federal government. It is bicameral , comprising the House of Representatives and
30688-416: The new federation, the Constitution's framers assumed individual electors would be inclined to choose a candidate from their own state (a so-called " favorite son " candidate) over one from another state. So they created the office of vice president and required the electors to vote for two candidates, at least one of whom must be from outside the elector's state, believing that the second vote would be cast for
30912-408: The new government, and the delegates quickly reached consensus on a general blueprint of a federal government which has three branches ( legislative , executive , and judicial ) along with the basic role of each branch. However, disagreement over the specific design and powers of the branches delayed progress for weeks and threatened the success of the convention. The most contentious disputes involved
31136-451: The next century, it rarely did), he noted, representatives could not be assigned. Calculating such quotas would also be difficult due to lack of reliable data. Basing representation on the number of "free inhabitants" was unpopular with delegates from the South, where forty percent of the population was enslaved. In addition, the small states were opposed to any change that decreased their own influence. Delaware's delegation threatened to leave
31360-562: The office flows primarily from formal and informal delegations of authority from the president and Congress. These delegations can vary in significance; for example, the vice president is a statutory member of both the National Security Council and the board of regents of the Smithsonian Institution . The extent of the roles and functions of the vice president depend on the specific relationship between
31584-702: The office of vice president. Article II, Section 2 of the Constitution sets forth the creation of a presidential Cabinet. The role of the Cabinet is to advise the president and carry out the programs and laws of the federal government. The Cabinet is composed of the vice president and the leaders of 15 executive departments. Those executive departments are the Departments of State, Treasury, Defense, Justice, Interior, Agriculture, Commerce, Labor, Health and Human Services, Housing and Urban Development, Transportation, Energy, Education, Veterans Affairs, and Homeland Security. Additionally, there are seven other members of
31808-399: The office was created during the 1787 Constitutional Convention . Originally something of an afterthought, the vice presidency was considered an insignificant office for much of the nation's history, especially after the Twelfth Amendment meant that vice presidents were no longer the runners-up in the presidential election. The vice president's role began steadily growing in importance during
32032-460: The office, with both its executive and senatorial functions, not many understood the office, and so they gave the vice president few duties and little power. Only a few states had an analogous position. Among those that did, New York's constitution provided that "the lieutenant-governor shall, by virtue of his office, be president of the Senate, and, upon an equal division, have a casting voice in their decisions, but not vote on any other occasion". As
32256-403: The official. Then, a trial is held in the Senate to decide whether the official should be removed from office. As of 2023 , three presidents have been impeached: Andrew Johnson , Bill Clinton , and Donald Trump (twice). None of the three were removed from office following trial in the Senate. Article I, Section 2, paragraph 2 of the U.S. Constitution gives each chamber the power to "determine
32480-406: The original Constitution. In the election of 1796 , Federalist candidate John Adams won the presidency, but his bitter rival, Democratic-Republican candidate Thomas Jefferson, came second and thus won the vice presidency. As a result, the president and vice president were from opposing parties; and Jefferson used the vice presidency to frustrate the president's policies. Then, four years later, in
32704-419: The other. They ought to be so constituted as to protect the minority of the opulent against the majority. The Senate, therefore, ought to be this body; and to answer these purposes, they ought to have permanency and stability. —James Madison, as recorded by Robert Yates, Tuesday June 26, 1787 On May 31, the delegates discussed the structure of Congress and how its members would be selected. The division of
32928-494: The party whose presidential–vice presidential ticket receives a plurality of popular votes in the state has its entire slate of elector nominees chosen as the state's electors. Maine and Nebraska deviate from this winner-take-all practice, awarding two electors to the statewide winner and one to the winner in each congressional district . On the first Monday after the second Wednesday in December, about six weeks after
33152-570: The people for three year terms. The people would choose electors who would elect the members of a Senate who served for life. Electors would also choose a single executive called the governor who would also serve for life. The governor would have an absolute veto over bills. There would also be a national judiciary whose members would serve for life. Hamilton called for the abolition of the states (or at least their reduction to sub-jurisdictions with limited powers). Some scholars have suggested that Hamilton presented this radical plan to help secure passage of
33376-428: The people. In Pennsylvania, the people elected an executive council and the legislature appointed one of its members to be chief executive. The Virginia Plan proposed a national executive chosen by Congress. It would have power to execute national laws and be vested with the power to make war and treaties. Whether the executive would be a single person or a group of people was not defined. The executive together with
33600-448: The people; the people will not follow us. In England, at this day, if elections were open to all classes of people, the property of landed proprietors would be insecure. An agrarian law would soon take place. If these observations be just, our government ought to secure the permanent interests of the country against innovation. Landholders ought to have a share in the government, to support these invaluable interests, and to balance and check
33824-439: The period 1884-2012, found that vice presidential candidates increased their tickets’ performance in their home states by 2.67 percentage points on average. The vice president is elected indirectly by the voters of each state and the District of Columbia through the Electoral College, a body of electors formed every four years for the sole purpose of electing the president and vice president to concurrent four-year terms. Each state
34048-488: The plaintiffs and the government of another state was the defendant. It did not disturb federal jurisdiction in cases in which a state government is a plaintiff and a citizen of another state the defendant. The power of the federal courts extends both to civil actions for damages and other redress, and to criminal cases arising under federal law. The interplay of the Supremacy Clause and Article III has resulted in
34272-540: The power of the national government; however, the supporters of the Virginia Plan ensured that it, rather than Pinckney's plan, received the most consideration. Many of Pinckney's ideas did appear in the final draft of the Constitution. His plan called for a bicameral legislature made up of a House of Delegates and a Senate. The popularly elected House would elect senators who would serve for four-year terms and represent one of four regions. The national legislature would have veto power over state laws. The legislature would elect
34496-543: The power to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers". Members of the House and Senate are elected by first-past-the-post voting in every state except Louisiana and Georgia , which have runoffs , and Maine and Alaska , which use ranked-choice voting . Congress has the power to remove the president, federal judges, and other federal officers from office. The House of Representatives and Senate have separate roles in this process. The House must first vote to impeach
34720-497: The power to adjourn Congress whenever the House and Senate cannot agree when to adjourn; no president has ever used this power. The president also has the constitutional power to, "on extraordinary Occasions, convene both Houses, or either of them"; this power has been used "to consider nominations, war, and emergency legislation." This Section invests the President with the discretion to convene Congress on "extraordinary occasions"; this special session power that has been used to call
34944-558: The power to re-organize or even abolish federal courts lower than the Supreme Court. The U.S. Supreme Court decides cases and controversies , which include matters pertaining to the federal government, disputes between states, and interpretation of the United States Constitution, and, in general, can declare legislation or executive action made at any level of the government as unconstitutional , nullifying
35168-452: The presidency (the state of Roosevelt's health had also been kept from Truman). At the time he said, "I felt like the moon, the stars and all the planets fell on me." Determined that no future vice president should be so uninformed upon unexpectedly becoming president, Truman made the vice president a member of the National Security Council , a participant in Cabinet meetings and a recipient of regular security briefings in 1949. The stature of
35392-609: The presidency intra-term. In addition to Tyler, they are Millard Fillmore , Andrew Johnson , Chester A. Arthur , Theodore Roosevelt , Calvin Coolidge , Harry S. Truman , Lyndon B. Johnson , and Gerald Ford . Four of them—Roosevelt, Coolidge, Truman, and Lyndon B. Johnson—were later elected to full terms of their own. Four sitting vice presidents have been elected president: John Adams in 1796 , Thomas Jefferson in 1800 , Martin Van Buren in 1836 , and George H. W. Bush in 1988 . Likewise, two former vice presidents have won
35616-517: The presidency, Richard Nixon in 1968 and Joe Biden in 2020 . Also, in recent decades four incumbent vice presidents lost a presidential election: Nixon in 1960 , Hubert Humphrey in 1968, Al Gore in 2000 , and Kamala Harris in 2024 . Additionally, former vice president Walter Mondale lost in 1984 . In total, 15 vice presidents have become president. Sections 3 and 4 of the Twenty-fifth Amendment provide for situations where
35840-439: The presidency. Later, when Obama became the presumptive Democratic presidential nominee, former president Jimmy Carter cautioned against Clinton being picked as the vice presidential nominee on the ticket, saying "I think it would be the worst mistake that could be made. That would just accumulate the negative aspects of both candidates", citing opinion polls showing 50% of US voters with a negative view of Hillary Clinton. Though
36064-421: The president a "mere creature of the legislature" and violate the separation of powers. Dickinson's motion was rejected, but in the aftermath of the vote there was still no consensus over how an unfit president should be removed from office. On June 4, the delegates debated the Council of Revision. Wilson and Alexander Hamilton of New York disagreed with the mixing of executive and judicial branches. They wanted
36288-502: The president and approved with the "advice and consent" of the U.S. Senate. Once confirmed, these "Cabinet secretaries" serve at the pleasure of the president. In addition to the executive departments, a number of staff organizations are grouped into the Executive Office of the President (EOP), which was created in 1939 by President Franklin D. Roosevelt. The EOP is overseen by the White House Chief of Staff. The EOP includes
36512-485: The president and confirmed by the United States Senate. The Judiciary Act of 1789 subdivided the nation jurisdictionally into judicial districts and created federal courts for each district. The three tiered structure of this act established the basic structure of the national judiciary: the Supreme Court, 13 courts of appeals, 94 district courts, and two courts of special jurisdiction. Congress retains
36736-594: The president and the vice president, but often include tasks such as drafter and spokesperson for the administration's policies, adviser to the president, and being a symbol of American concern or support. The influence of the vice president in these roles depends almost entirely on the characteristics of the particular administration. Most recent vice presidents have been viewed as important presidential advisors. Walter Mondale, unlike his immediate predecessors, did not want specific responsibilities to be delegated to him. Mondale believed, as he wrote President-elect Jimmy Carter
36960-543: The president has broad authority to conduct foreign relations, is generally considered to have the sole power of diplomatic recognition , and is the United States' chief diplomat, although the Congress also has an important role in legislating on foreign affairs, and can, for example, "institute a trade embargo, declare war upon a foreign government that the President had recognized, or decline to appropriate funds for an embassy in that country." The president may also negotiate and sign treaties, but ratifying treaties requires
37184-407: The president has major agenda-setting powers to influence lawmaking and policymaking, and typically has a major role as the leader of their political party . The president and vice president are normally elected as running mates by the Electoral College ; each state has a number of electoral votes equal to the size of its Congressional delegation ( i.e. , its number of Representatives in
37408-594: The president is temporarily or permanently unable to lead, such as if the president has a surgical procedure, becomes seriously ill or injured, or is otherwise unable to discharge the powers or duties of the presidency. Section 3 deals with self-declared incapacity, and Section 4 addresses incapacity declared by the joint action of the vice president and of a majority of the Cabinet. While Section 4 has never been invoked, Section 3 has been invoked on four occasions by three presidents, first in 1985. When invoked on November 19, 2021, Kamala Harris became
37632-540: The president or Congress. Nevertheless, many vice presidents have previously served in Congress, and are often tasked with helping to advance an administration's legislative priorities. Kamala Harris is the 49th and current vice president of the United States. A former senator, she is the first African American , first Asian American and first female occupant of the office. Harris is the highest ranking female official in United States history. She assumed office on January 20, 2021. No mention of an office of vice president
37856-441: The president pro tempore usually delegates the task to other Senate members. Rule XIX , which governs debate, does not authorize the vice president to participate in debate, and grants only to members of the Senate (and, upon appropriate notice, former presidents of the United States) the privilege of addressing the Senate, without granting a similar privilege to the sitting vice president. Thus, Time magazine wrote in 1925, during
38080-457: The president to appoint judges to increase the power of that office. On June 13, the revised report on the Virginia Plan was issued. This report summarized the decisions made by the delegates in the first two weeks of the convention. It was agreed that a "national judiciary be established, to consist of one supreme tribunal". Congress would have the power to create and appoint inferior courts. Judges were to hold office "during good behavior" , and
38304-458: The president to have an absolute veto to guarantee his independence from the legislative branch. Remembering how colonial governors used their veto to "extort money" from the legislature, Benjamin Franklin of Pennsylvania opposed giving the president an absolute veto. Gerry proposed that a two-thirds majority in both houses of Congress be able to overrule any veto of the Council of Revision. This
38528-525: The president's daily intelligence briefings and frequently participate in meetings in the Situation Room with the president. To be constitutionally eligible to serve as the nation's vice president, a person must, according to the Twelfth Amendment, meet the eligibility requirements to become president (which are stated in Article II, Section 1, Clause 5 ). Thus, to serve as vice president, an individual must: A person who meets
38752-525: The president's signature, "unless the Congress by their Adjournment prevent its Return in which Case it shall not be a Law" (called a pocket veto ). A presidential veto may be overridden by a two-thirds vote in both houses of Congress; this occurs relatively infrequently. The president may be impeached by a majority in the House and removed from office by a two-thirds majority in the Senate for " treason , bribery , or other high crimes and misdemeanors ". The president may not dissolve Congress , but has
38976-408: The presidential nomination usually being a foregone conclusion as the result of the primary process, the selection of a vice presidential candidate is often announced prior to the actual balloting for the presidential candidate, and sometimes before the beginning of the convention itself. The most recent presidential nominee not to name a vice presidential choice, leaving the matter up to the convention,
39200-537: The presidential nominee is clear, including cases where the presidential nomination is still in doubt as the convention approaches, campaigns for the two positions may become intertwined. In 1976, Ronald Reagan , who was trailing President Gerald Ford in the presidential delegate count, announced prior to the Republican National Convention that, if nominated, he would select Pennsylvania Senator Richard Schweiker as his running mate. Reagan
39424-446: The presumptive Republican nominee. Obama rejected the offer outright, saying, "I want everybody to be absolutely clear. I'm not running for vice president. I'm running for president of the United States of America," adding, "With all due respect. I won twice as many states as Senator Clinton. I've won more of the popular vote than Senator Clinton. I have more delegates than Senator Clinton. So, I don't know how somebody who's in second place
39648-501: The public, and evaluate executive performance. It applies to cabinet departments, executive agencies, regulatory commissions, and the presidency. Congress's oversight function takes many forms: The executive branch is established in Article Two of the United States Constitution , which vests executive power in the president of the United States . The president is both the head of state (performing ceremonial functions) and
39872-581: The question of proportional representation, the three large states still faced opposition from the eight small states. James Wilson realized that the large states needed the support of the Deep South states of Georgia and the Carolinas. For these southern delegates, the main priority was protection of slavery . Working with John Rutledge of South Carolina, Wilson, along with Charles Pinckney of South Carolina and Roger Sherman of Connecticut, proposed
40096-402: The role of Senate president. Several 19th-century vice presidents—such as George Dallas , Levi Morton , and Garret Hobart —followed their example and led effectively, while others were rarely present. The emergence of political parties and nationally coordinated election campaigns during the 1790s (which the Constitution's framers had not contemplated) quickly frustrated the election plan in
40320-477: The rules of its proceedings". From this provision were created congressional committees , which do the work of drafting legislation and conducting congressional investigations into national matters. The 118th Congress (2023–2025) has 20 standing committees in the House and 19 in the Senate, plus 4 joint permanent committees with members from both houses overseeing the Library of Congress , printing, taxation, and
40544-561: The same way as the president or other officials of the federal government. U.S. judges are appointed by the president, subject to confirmation by the Senate. Another Constitutional provision prohibits Congress from reducing the pay of any present Article III judge. However, Congress is able to set a lower salary for all future judges who take office after such a pay reduction is passed by Congress. Constitutional Convention (United States) The Constitutional Convention took place in Philadelphia from May 25 to September 17, 1787. Although
40768-408: The separate states are incompetent." It would also be able to veto state laws. Representation in both houses of Congress would be apportioned according either to quotas of contribution (a state's wealth as reflected in the taxes it paid) or the size of each state's non-slave population. The lower house of Congress would be directly elected by the people, while the upper house would be elected by
40992-425: The smaller states despite representing more than half of the nation's population. Nevertheless, the delegates were divided over the best way to apportion representatives. Quotas of contribution appealed to southern delegates because they would include slave property, but Rufus King of Massachusetts highlighted the impractical side of such a scheme. If the national government did not impose direct taxes (which, for
41216-456: The sole and express purpose of revising the Articles of Confederation". The Congress only endorsed the convention on the grounds it would produce a report upon which necessary changes to the Articles could be introduced and ratified. Rhode Island was the only state that refused to send delegates, and it was the last state to ratify the Constitution in May 1790. Originally planned to begin on May 14,
41440-722: The solely ministerial role the president of the Senate serves in the process. The next such joint session will next take place following the 2024 presidential election , on January 6, 2025 (unless Congress sets a different date by law). In this capacity, four vice presidents have been able to announce their own election to the presidency: John Adams, in 1797, Thomas Jefferson , in 1801, Martin Van Buren , in 1837 and George H. W. Bush , in 1989. Conversely, John C. Breckinridge , in 1861, Richard Nixon , in 1961, and Al Gore , in 2001, all had to announce their opponent's election. In 1969, Vice President Hubert Humphrey would have done so as well, following his 1968 loss to Richard Nixon; however, on
41664-466: The start of that term, on January 20, 1937 , Garner had been the first vice president to be sworn into office on the Capitol steps in the same ceremony with the president, a tradition that continues. Prior to that time, vice presidents were traditionally inaugurated at a separate ceremony in the Senate chamber. Gerald Ford and Nelson Rockefeller , who were each appointed to the office under the terms of
41888-436: The states and could not force delinquent states to pay. Since the Articles could only be amended by a unanimous vote of the states, each state had effective veto power over any proposed change. A super majority (nine of thirteen state delegations) was required for Congress to pass major legislation such as declaring war, making treaties, or borrowing money. The Confederation had no executive or judicial branches, which meant
42112-523: The states, he was adamant that a confederation required equal representation for states. James Madison records his words as follows: [The Articles of the Confederation] were therefore the proper basis of all the proceedings of the Convention. We ought to keep within its limits, or we should be charged by our constituents with usurpation . . . the Commissions under which we acted were not only
42336-540: The states, or other recognized entities. Since the American Civil War , the powers of the federal government have generally expanded greatly, although there have been periods since that time of legislative branch dominance (e.g., the decades immediately following the Civil War) or when states' rights proponents have succeeded in limiting federal power through legislative action, executive prerogative or by
42560-442: The states. This view was unpopular. A few delegates such as Roger Sherman, Elbridge Gerry, and Pierce Butler opposed the direct election of the executive because they considered the people too easily manipulated. However, most delegates were not questioning the intelligence of the voters; rather, what concerned them was the slowness by which information spread in the late 18th century. Due to a lack of information, delegates feared that
42784-404: The states—representation ought to be apportioned by population, with more populous states having more votes in Congress. Madison was also concerned with preventing a tyranny of the majority . The government needed to be neutral between the various factions or interest groups that divided society—creditors and debtors, rich and poor, or farmers, merchants and manufacturers. Madison believed that
43008-523: The summer of 1787. At the time, few nations had nonhereditary executives that could serve as models. The Dutch Republic was led by a stadtholder , but this office was usually inherited by members of the House of Orange . The Swiss Confederacy had no single leader, and the elective monarchies of the Holy Roman Empire and Polish–Lithuanian Commonwealth were viewed as corrupt. As a result of their colonial experience, Americans distrusted
43232-404: The system of checks and balances that would become central to the US Constitution. It called for a supreme national government and was a radical departure from the Articles of Confederation. On May 29, Edmund Randolph , the governor of Virginia, presented the Virginia Plan to the convention. The same day, Charles Pinckney of South Carolina introduced his own plan that also greatly increased
43456-408: The tenure of Vice President Charles G. Dawes , "once in four years the Vice President can make a little speech, and then he is done. For four years he then has to sit in the seat of the silent, attending to speeches ponderous or otherwise, of deliberation or humor." In their capacity as president of the Senate, the vice president may preside over most impeachment trials of federal officers , although
43680-476: The three-fifths ratio to Senate seats (though this was later overturned). As English law had typically recognized government as having two separate functions—law making embodied in the legislature and law executing embodied in the king and his courts—the division of the legislature from the executive and judiciary was a natural and uncontested point. Even so, the form the executive should take, its powers and its selection would be sources of constant dispute through
43904-686: The time, the convention was not referred to as a constitutional convention . It was contemporarily known as the Federal Convention , the Philadelphia Convention , or the Grand Convention at Philadelphia . Nor did most of the delegates arrive intending to draft a new constitution. Many assumed that the purpose of the convention was to discuss and draft improvements to the existing Articles of Confederation , and would not have agreed to participate otherwise. Once
44128-412: The trade of neighboring states. In 1784, Congress proposed an amendment to give it powers over foreign trade; however, it failed to receive unanimous approval by the states. Many upper-class Americans complained that state constitutions were too democratic and, as a result, legislators were more concerned with maintaining popular approval than doing what was best for the nation. The most pressing example
44352-529: The trial courts wherein cases that are considered under the Judicial Code (Title 28, United States Code) consistent with the jurisdictional precepts of federal question jurisdiction , diversity jurisdiction, and pendent jurisdiction can be filed and decided. The district courts can also hear cases under removal jurisdiction , wherein a case brought in a state court meets the requirements for diversity jurisdiction, and one party litigant chooses to "remove"
44576-606: The vice presidency grew again while Richard Nixon was in office (1953–1961). He attracted the attention of the media and the Republican Party, when Dwight Eisenhower authorized him to preside at Cabinet meetings in his absence and to assume temporary control of the executive branch, which he did after Eisenhower suffered a heart attack on September 24, 1955, ileitis in June 1956, and a stroke in November 1957. Nixon
44800-403: The vice presidency to a branch of the government, causing a dispute among scholars about which branch the office belongs to (the executive, the legislative, both, or neither). The modern view of the vice president as an officer of the executive branch—one isolated almost entirely from the legislative branch—is due in large part to the assignment of executive authority to the vice president by either
45024-444: The vice president as routinely in the legislative branch, or succeeding to the executive branch as president, or possibly being in both as acting president pursuant to the Twenty-fifth Amendment . Because of circumstances, the overlapping nature of the duties and powers attributed to the office, the title of the office and other matters, such has generated a spirited scholarly dispute regarding attaching an exclusive branch designation to
45248-405: The vice president does not need to have any political experience, most major-party vice presidential nominees are current or former United States senators or representatives, with the occasional nominee being a current or former governor, a high-ranking former military officer (active military officers being prohibited under US law from holding political office), or a holder of a major position within
45472-455: The vice president has the authority ( ex officio , for they are not an elected member of the Senate) to cast a tie-breaking vote . Pursuant to the Twelfth Amendment , the vice president presides over the joint session of Congress when it convenes to count the vote of the Electoral College . As first in the U.S. presidential line of succession , the vice president's duties and powers move to
45696-407: The vice presidential nominee representing regions, constituencies, or ideologies at odds with those of the presidential candidate. As a result, vice presidents were often excluded from the policy-making process of the new administration. Many times their relationships with the president and his staff were aloof, non-existent, or even adversarial. Historically, the vice presidential nominee was usually
45920-429: The view that the office of the vice presidency had historically been a wasted asset and wished to have his vice president involved in the decision-making process. Carter pointedly considered, according to Joel Goldstein, the way Roosevelt treated Truman as "immoral". Another factor behind the rise in prestige of the vice presidency was the expanded use of presidential preference primaries for choosing party nominees during
46144-418: The will of the people. This caused dissension among delegates from smaller states, who realized that this would put their states at a disadvantage. To resolve this dispute, the Convention agreed that the House would elect the president if no candidate had an electoral college majority, but that each state delegation would vote as a bloc, rather than individually. The Virginia Plan made no provision for removing
46368-492: The windows of the meeting hall were nailed shut to keep the proceedings a secret from the public. Although William Jackson was elected as secretary, his records were brief and included very little detail. Madison's Notes of Debates in the Federal Convention of 1787 remain the most complete record of the convention, along with notes kept by Yates through mid-July. Due to the pledge to secrecy, Madison's account
46592-411: Was Democrat Adlai Stevenson in 1956. The convention chose Tennessee Senator Estes Kefauver over Massachusetts Senator (and later president) John F. Kennedy . At the tumultuous 1972 Democratic convention, presidential nominee George McGovern selected Missouri Senator Thomas Eagleton as his running mate, but numerous other candidates were either nominated from the floor or received votes during
46816-578: Was also visible on the world stage during his time in office. Until 1961, vice presidents had their offices on Capitol Hill , a formal office in the Capitol itself and a working office in the Russell Senate Office Building . Lyndon B. Johnson was the first vice president to also be given an office in the White House complex, in the Old Executive Office Building . The former Navy Secretary's office in
47040-450: Was amended to replace the council with the president alone, but Madison insisted on retaining a Council of Revision and consideration of the veto power was postponed. In the English tradition, judges were seen as agents of the king and his court who represented him throughout his realm. Madison believed that in the American states, this direct link between state executives and judges was a source of corruption through patronage , and thought
47264-707: Was called "Assistant President". However, until 1919, vice presidents were not included in meetings of the President's Cabinet . This precedent was broken by Woodrow Wilson when he asked Thomas R. Marshall to preside over Cabinet meetings while Wilson was in France negotiating the Treaty of Versailles . President Warren G. Harding also invited Calvin Coolidge, to meetings. The next vice president, Charles G. Dawes , did not seek to attend Cabinet meetings under President Coolidge, declaring that "the precedent might prove injurious to
47488-440: Was considered to hold a tremendous amount of power and frequently made policy decisions on his own, without the knowledge of the president. Biden was assigned by Barack Obama to oversee Iraq policy; Obama was said to have said, "Joe, you do Iraq." In February 2020, Donald Trump appointed Mike Pence to lead his response to COVID-19 and, upon his ascension to the presidency, Biden put Kamala Harris in charge of controlling migration at
47712-480: Was denied re-nomination at the 1944 Democratic National Convention . Harry Truman was selected instead. During his 82-day vice presidency, Truman was never informed about any war or post-war plans, including the Manhattan Project . Truman had no visible role in the Roosevelt administration outside of his congressional responsibilities and met with the president only a few times during his tenure as vice president. Roosevelt died on April 12, 1945, and Truman succeeded to
47936-466: Was first tested in 1841, following the death of President William Henry Harrison , only 31 days into his term. Harrison's vice president, John Tyler , asserted that under the Constitution, he had succeeded to the presidency, not just to its powers and duties. He had himself sworn in as president and assumed full presidential powers, refusing to acknowledge documents referring to him as "Acting President". Although some in Congress denounced Tyler's claim as
48160-446: Was made at the 1787 Constitutional Convention until near the end, when an eleven-member committee on "Leftover Business" proposed a method of electing the chief executive (president). Delegates had previously considered the selection of the Senate's presiding officer, deciding that "the Senate shall choose its own President", and had agreed that this official would be designated the executive's immediate successor. They had also considered
48384-585: Was made to approve a federal impost in 1785; however, this time it was New York which disapproved. The Confederation Congress also lacked the power to regulate foreign and interstate commerce. Britain, France and Spain imposed restrictions on American ships and products, while the U.S. was unable to coordinate retaliatory trade policies. When Massachusetts and Pennsylvania placed reciprocal duties on British trade, neighboring states such as Connecticut and Delaware established free ports to gain an economic advantage. Some states even began applying customs duties against
48608-418: Was not published until after his death in 1836, while Yates's notes on the convention's first two months were published in 1821. James Madison of Virginia arrived in Philadelphia eleven days early and determined to set the convention's agenda. Before the convention, Madison studied republics and confederacies throughout history, such as ancient Greece and contemporary Switzerland. In April 1787, he drafted
48832-447: Was opposed by nationalists such as Madison who feared that such a president would become a power broker between different states' interests rather than a symbol of national unity. Eventually however, on June 2 the convention proposed and agreed to the national legislature choosing the executive for a single 7-year term, a proposal which of course later changed. Realizing that direct election was impossible, Wilson proposed what would become
49056-581: Was printed in several copies for review which began the debates and ratification process . Soon after it was also printed in newspapers for public review. During the American Revolution , the 13 American states replaced their colonial governments with republican constitutions based on the principle of separation of powers , organizing government into legislative , executive , and judicial branches. These revolutionary constitutions endorsed legislative supremacy by placing most power in
49280-537: Was proposed that Congress be given power to prevent such populist laws. When the government of Massachusetts refused to enact similar relief legislation, rural farmers resorted to violence in Shays' Rebellion (1786–1787). This rebellion was led by a former Revolutionary War captain, Daniel Shays , a small farmer with tax debts, who had never received payment for his service in the Continental Army . The rebellion took months for Massachusetts to put down, and some desired
49504-459: Was seen as little more than a minor position. John Adams, the first vice president, was the first of many frustrated by the "complete insignificance" of the office. To his wife Abigail Adams he wrote, "My country has in its wisdom contrived for me the most insignificant office that ever the invention of man ... or his imagination contrived or his imagination conceived; and as I can do neither good nor evil, I must be borne away by others and met
49728-450: Was the first presidential aspirant to announce his selection for vice president before the beginning of the convention. Reagan's supporters then unsuccessfully sought to amend the convention rules so that Gerald Ford would be required to name his vice presidential running mate in advance as well. This move backfired to a degree, as Schweiker's relatively liberal voting record alienated many of the more conservative delegates who were considering
49952-506: Was the second time Webster declined the office, which William Henry Harrison had first offered to him. Ironically, both the presidents making the offer to Webster died in office, meaning the three-time candidate would have become president had he accepted either. Since presidents rarely die in office, however, the better preparation for the presidency was considered to be the office of Secretary of State , in which Webster served under Harrison, Tyler, and later, Taylor's successor, Fillmore. In
50176-421: Was the way state legislatures responded to calls for economic relief. Many people were unable to pay taxes and debts due to a post-war economic depression that was exacerbated by a scarcity of gold and silver coins. States responded by issuing paper currency , which often depreciated in value, and by making it easier to defer tax and debt payments. These policies favored debtors at the expense of creditors, and it
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