U.S. Constitution, Article II Scaffolded
A scaffolded version of Article II of the U.S. Constitution with key terms defined and comprehension questions.
US Constitution, Article II
- I can identify the part of the Constitution that outlines the executive branch.
- I can analyze constitutional text to outline the powers and responsibilities of the executive branch.
Building Context:
Article II of the Constitution establishes the federal government’s executive branch. It outlines the powers and responsibilities of the president and the qualifications and methods for presidential selection and removal from office.
The Founders drafted the Constitution in 1787 during the Constitutional Convention in Philadelphia. The Founders sought to create a system of government with three separate branches: the legislative branch (Article I), the executive branch (Article II), and the judicial branch (Article III). These branches were designed to fulfill the different functions of government. A system of checks and balances was designed to ensure no one branch could become too powerful and assume the powers of another branch.
Throughout American history, Article II shaped the way the executive branch functions and its relationship with the other branches of government. It is subject to interpretation, amendment, and debate, and its provisions continue to be relevant in contemporary political discussions.
Caption: The Constitution
Source Link
U.S. Constitution Article II, 1787
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Excerpts |
Notes |
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Article II, Section 1, Clause 1 The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows |
Vested: secured in the possession of or assigned to a person Write text in your own words. |
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Article II, Section 1, Clause 3 The Electors shall meet in their respective States, and vote by Ballot…And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President… |
What are Electors, and what is their role in the election process according to this clause? Explain the process of how electoral votes are counted and how the president is determined. |
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Article II, Section 1, Clause 5 No Person except a natural born Citizen…shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States. |
Eligible: Someone or something is qualified or able to do something. Attained: succeeded in achieving (something that one desires and has worked for) List the three requirements a person must meet to be eligible for the office of president. |
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Article II, Section 1, Clause 6 In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office,… the Congress may by Law provide for the Case of Removal… |
What does this clause say about what happens if the president cannot continue in their role? |
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Article II, Section 1, Clause 7 The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased [increased] nor diminished during the Period for which he shall have been elected… |
Compensation: money received by an employee from an employer as a salary or wages Is the president’s compensation subject to change during their term? Why or why not? |
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Article II, Section 1, Clause 8 Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:—“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.” |
Why do you think it’s important for the president to take the Oath of Office? |
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Article II, Section 2, Clause 1 The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia [National Guard] of the several States, when called into the actual Service of the United States…and he shall have Power to grant…Pardons for Offences against the United States… |
Based on this clause, what are some of the powers and responsibilities that the president has as Commander in Chief? Pardons: excusing crimes without exacting penalties; releasing from the legal penalties |
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Article II, Section 2, Clause 2 He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties…and he shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States… |
According to this clause, what are some of the important roles that the president has in terms of treaties and appointments? What role does the Senate play in these processes as a check? |
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Article II, Section 3 He shall from time to time give to the Congress Information of the State of the Union,…;he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed… |
What is the State of the Union, and why do you think it’s important for the president to provide information to Congress? |
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Article II, Section 4 The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. |
What are the circumstances under which the president, vice president, or other civil officers can be removed from office? |
Analysis Questions
- How does Article II establish the structure and powers of the executive branch?
- How does Article II contribute to the system of checks and balances in the U.S. government? Provide examples of how the powers of the president are balanced by the other branches of government.
- What is the process for impeaching and potentially removing a president from office as outlined in Article II? Why do you think impeachment is included in this provision in the Constitution?’
- Compare the powers granted to the president in Article II to those of other branches of government outlined in Articles I and III. Describe the similarities and differences.