Section 2 Analysis

The main thrust of Article 2 is in the beginning of Section 1 - that the “executive power shall be vested in a President of the United States of America” (p725). Section 2 describes duties: commander in chief, the power to make treaties, appointments, and granting commissions (p725-6). Section 3 offers that he will inform Congress, the ability to convene/adjourn Congress, receive ambassadors, execute laws, and shall commission all the officers of the United States” (p726). Section 4 covers impeachment for treason, bribery, or other high crimes and misdemeanors (p726). Section I covers how the president is chosen, basic qualifications, removal / succession, compensation and the Oath of Affirmation. The framers didn’t want a king because they concerned with too much power being held by one person or entity. The Electoral College was developed by the framers because they needed solve the problem of how voting among the states would work - “…a system to allow the general electorate to have some influence on the selection of the chief executive without resorting to direct popular election” (p184). It satisfied the idea of separation of powers and the problem of representation in smaller states.
In the case of impeachment of the president, a two-step process takes place. First, the House investigates a
charge of “treason, bribery, or other High Crimes and Misdemeanors” (p195) and if the charge is convincing, the House passes articles of impeachment. The second step is a trial held by the Senate requiring two-thirds vote to convict. In the matter of succession – Article 2 provides a basic guide. The President is succeeded by the Vice President and Article 2 “authorizes Congress to determine presidential succession if there is no sitting vice president” (p195). The 25th Amendment provides a more well-defined procedure for succession. Box 4-3 (p197) provides the specific line of succession: vice president, speaker of the House of Representatives, president pro tempore of the senate, secretary of state, etc.
Presidents must enforce laws passed by Congress because it is their constitutional duty. There are times Presidents have chosen not to arguing instead to their own judgements or interpretations of constitutionality such as Barack Obama’s position on DOMA (p205). The president can also exert his power if he can prove that the power belongs to him exclusively (p205). The Power of Appointment gives the president the ability to staff positions or to “appoint major administrative and judicial officials” (p212) with senate confirmation. The power to remove doesn’t require approval. Hamilton’s view was that approval to appoint and dismiss should be by the advice and consent of the Senate (p228). The President’s power to effectively run the country includes the power to remove and should be at their discretion depending on function of the position. The President is commander-in-chief of the armed forces, has authority to make treaties with the advice and consent of the Senate, and is the chief diplomat influencing the relationships and agreements with foreign nations. As the president welcomes foreign dignitaries or travels abroad he represents the United States and these duties serve a range of functions related to foreign policy.
The power to pardon finds its roots in history.
Chief Justice Taft writes in Ex parte Grossman 1925 that the framers were not inclined to change this historical discretion (p259). The public’s general acceptance of pardons may have shifted after Ford’s pardon of Nixon for offenses “committed or may have committed” (p261). At that time and even today, the phrase “may have” really strikes a nerve. At stake is the “the sacred trust of the people” (p260) - our belief in and support of leaders. Yes, I think it is reasonable for presidents to hold this power. Why – it’s an act of mercy. I like to believe for good but understand that it may fall short of my
expectations.