US Constitution – Article II – The Executive Branch – Section 2

Posted by tx on June 27, 2009 under Home Page, US Constitution | Be the First to Comment

Section 2 – Civilian Power over Military, Cabinet, Pardon Power, Appointments

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

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To be Commander in Chief of the Armed Forces of the United States, would it be more appropriate if the President had some military training? Does it make sense to have a President who does not know the traditions or training of the military?

Insofar as the appointment of public ministers is concerned — is it preferable to have many appointments not vetted by the Congress as our current President has done, as other President’s have done? Has Congress given the President the right to appoint many powerful ministers not reportable to anyone outside the Executive branch? Congress has the power to allow the President to appoint such ministers; however, legislation must be provided to allow the President this power. To my knowledge no such law has been suggested or voted into law.

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