Chain of Command Essay Example for Free

Chain of Command Essay The main focus of Article II of the United States Constitution is the executive branch and the role that it plays in the government. By definition an executive is â€Å"a person or group of persons having administrative or supervisory authority in an organization.† The President, who is elected, is the head of the executive branch and the US government’s chain of command. Second in command is the Vice President who must also be elected. Article II is broken down into four sections in the Constitution and outlines who the qualifications to run, the term that a President can hold office, as well as the duties, responsibilities and powers that he has and the grounds for impeachment. Section 1 Section one of Article II outlines the executive power in 7 clauses. Clause 1 and Clause 2 support each other. Clause 1 states that the President of the United States shall hold office for a term of four years with a Vice President who must be elected for the same term and that executive power shall be vested in the President. Clause 2 describes the appointment and qualifications for presidential electors. In Clause 2, it says that each state shall appoint a number of electors equal to the whole number of senators and representative to which the state may be entitled in the congress but no senator or representative that hold office under the United States can be appointed as an elector. This means that each state chooses electors equal to the number of representatives, representing them in congress, but no senators, representatives or federal officers can become an elector. It then goes on to describe the original method of electing the president and vice president. Originally, an elector would cast two votes for the president, one at least one vote had to be from a state different than the elector’s and who ever had the majority of votes became the president and the vice president would be the runner up. If there was no person who received the majority of votes the House of Representatives could have chosen one of the five with the greatest number of votes. If there was a tie, the House of Representatives could have chosen one of the candidates. When the House would vote, each state representative would cast one vote, and a quorum of two-thirds applied in both houses. One member from two thirds of the States, and a member from two thirds of the states and a majority of all the states were necessary to choose a President. If two or more candidates tied, the senate broke the tie. This was superseded by the twelfth amendment which made some significant changes. Now, electors cast one vote for president and one for vice president rather than two votes for president. If there is a case where no presidential candidate receives the majority, the house chooses from the top three instead of the top five. In addition, the amendment requires the senate to choose the vice president from the candidates with the two highest figures if no vice president candidate receives the majority of electoral votes. The twelfth amendment also specifies that to be vice president, a candidate must also qualify to be President. Clause 3 states that congress may determine the time of choosing the electors and the day for casting their votes. Clause 4 states the qualifications for the office of the president. According to the clause, the president and vice president must be at least 35 years old, both must be a natural born citizen of the United States, and both must have been a U.S. resident for 14 years. The twelfth amendment required the vice president to meet all the qualifications of an eligible president and the twenty-second amendment prevents a president from being elected more than twice. The 5th clause states that in the case of removal of the president from office, or his death, resignation, or inability to discharge the powers and duties of office, the vice president shall assume his duties. In the case that both the president and vice president were removed, resigned, deceased, on unable, then congress, by law would declare which officer would act as president until the removal, death, resignation, inability were to occur or a president was elected. This caused much controversy when President William Harrison died in office. A debate occurred on whether vice president John Tyler would become president, or just be the acting president. Tyler felt like he had a right to become president, and eventually took the Oath of Office, while set the precedent for vice presidents, Millard Fillmore, Andrew Johnson, Chester Arthur, Theodore Roosevelt, Calvin Coolidge, Harry Truman and Lyndon Johnson to ascend to the presidency. Because of this, the Presidential Succession Act was adopted in 1947 which established the line of succession of the office of the presidency in the event that the President or Vice President becomes unable to fill the vacancy. The Presidential Succession Act makes clear that only someone serving as Vice President can ever succeed to the title â€Å"President of the United States† and anyone who takes office under its provisions can only act as President† even if they have to act for 4 years. Clause 6 of Article II states that the President shall be compensated, at stated times for his services. This compensation shall never be increased or diminished during the period he is elected and also during that period, he also shall not receive any other compensation from the United States meaning federal and local government. The Presidents salary is currently $400,000 a year. Clause 7 states that before he enters office, the president shall take the following oath or affirmation: â€Å"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.† Section 2 Section 2 of Article II outlines the President’s powers while in office. Clause 1 of Section 2 states that the President shall be commander in chief of the army and the navy of the United States. Although he is the commander in chief, Article One gives Congress the right to declare war, not the President. The President may require the principal officer in each of the executive departments to give their advice in writing. Additionally, the President may grant pardons or reprieves for offenses against the United States, except in cases of impeachment. Clause 2 of Section 2 is also known as the advice and consent clause. The President exercises the powers in the clause with the advice and consent of the senate. The President can enter the U.S. into treaties but they aren’t effective until they are ratified by a two thirds vote in the senate. The President may also appoint judges, ambassadors, consuls, ministers and other officers with the advice and consent of the Senate. However, by law Congress may allow the President, heads of executive departments, or the courts to appoint inferior officials as they see fit. Clause 3 of Section 2 gives the President the power to fill vacancies that may occur during the recess of the senate by granting commission that expire at the end of their next session. Section 3 Section 3 of Article II outlines the Presidents responsibilities while in office. While in office, the President must â€Å"from time to time† give congress information on the State of the Union and recommend to congress’s consideration measures that he judges as â€Å"necessary and expedient.† The President may, in â€Å"extraordinary occasions† call one or both houses into session. If both houses disagree on the time of adjournment, he may adjourn them at a time he thinks is fitting. The President receives all ambassadors and other public ministers. Most importantly, â€Å"he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.† The President commissions all officers including military and foreign service and although the President has discretion in how and when to enforce laws, he cannot refuse to enforce constitutional law. Section 4 Section 4 of Article II allows impeachment. Section 4 states â€Å"The President, Vice President, and all civil officers of the United States, shall be removed from the office on impeachment for, and conviction of, treason, bribery or other high crimes and misdemeanors. â€Å" The President, Vice President, executive officers as well as judges can all be impeached by the House of Representatives and tried in the Senate. If an official is convicted by impeachment, he is immediately removed from office and remains liable to trial and punishment in court for civil or criminal charges. The trial, if any is separate from the impeachment itself. There have been two U.S. presidents that have been impeached by the House of Representatives, Andrew Johnson and Bill Clinton but they were acquitted at trials that the senate held. The House Judiciary Committee voted on Articles of Impeachment for President Nixon, but he resigned before the full House of Representatives could vote, therefore he was never impeached. Why is Article II important? Article II is important because it establishes the office of the President and the Vice-President, and sets their terms to be four years. It defines the job that the President has to do and the rules that he has to follow. In a sense, it’s his job description and prevents him from overstepping his boundaries. Not only does Article II make the President Commander in Chief, it allows cabinet to aid him, and make treaties with other nations as he sees fit to protect us. It commands him to keep the Union informed about the status of country through the State of the Union address and to most importantly to enforce all laws.