Article II, Section 1 of the U.S. Constitution establishes the office of the President and explains its basic rules. In simple terms, it says who holds executive power, how the president is chosen, who may serve, and what happens if the president cannot continue.
What the section covers
- Executive power: The Constitution places the federal government’s executive power in a President of the United States.
- Term of office: The president and vice president serve four-year terms. The 22nd Amendment later limited how many times a person may be elected president.
- Choosing the president: The section originally described how electors would select the president and vice president. The 12th Amendment later changed the voting procedure, and the 20th Amendment changed when presidential terms begin.
- Qualifications: A president must be a natural-born U.S. citizen, at least 35 years old, and have lived in the United States for at least 14 years.
- Succession: It provides for the vice president to take over if the president is removed, dies, resigns, or is unable to perform the job. Later laws and the 25th Amendment add more detail about succession and presidential inability.
- Pay: The president receives a salary that cannot be increased or decreased during that term, and cannot receive other federal or state payments for presidential service during that time.
- Oath: Before taking office, the president must swear or affirm to faithfully carry out the duties of the office and preserve, protect, and defend the Constitution.
In short
Article II, Section 1 creates the presidency and sets important rules for the president’s term, election, qualifications, succession, compensation, and oath of office.