![]() ![]() Section 1 also creates succession provisions in the event of a President’s removal or other inability to act, although the relatively sparse language in Clause 6 was later supplemented by the Twenty-Fifth Amendment and the Presidential Succession Act. Relatedly, Section 1 sets out the qualifications of the President, the oath of office, and compensation. The remaining provisions of Article II’s Section 1 primarily outline the election of the President, including the establishment of the electoral college. Broadly, the Court has recognized that Executive Officers exercise authority to enforce and administer the laws, including rulemaking, administrative determinations, and the filing of lawsuits. Nonetheless, the Court has recognized that officials appointed by the President-even those located within the Executive Branch-may exercise regulatory or adjudicative powers that are quasi-legislative or quasi-judicial. At the same time, the Court has said that by granting the President the power of faithfully executing the laws, the Constitution “refutes the idea” that the President was intended “to be a lawmaker.” 7 Footnote Youngstown Sheet & Tube Co. 537, 543 (1950) (stating that the right to exclude aliens “is inherent in the executive power to control the foreign affairs of the nation,” and when Congress legislates in this area, it “is implementing an inherent executive power” ). and the power to recognize foreign governments. such as the ability to supervise (and generally to remove) executive officials 5 Footnote Seila Law LLC v. As a general matter, the Supreme Court has recognized that the Constitution vests the President not only with the authorities expressly delineated therein, but also with certain implied authorities, 4 Footnote See generally ArtII.S1.C1.1 Overview of Executive Vesting Clause. The President also has distinct authority over foreign affairs, and “alone has the power to speak or listen as a representative of the nation.” 3 Footnote United States v. Government of Philippine Islands, 277 U.S. The executive power thus consists of the authority to enforce laws and to “appoint the agents charged with the duty of such enforcement.” 2 Footnote Springer v. Section 3 of Article II further requires the President to “take Care that the Laws be faithfully executed.” 1 Footnote U.S. The Executive Vesting Clause, in Section 1, Clause 1, provides that the federal executive power is vested in the President. Constitution establishes the Executive Branch of the federal government. ![]() ArtII.1 Overview of Article II, Executive BranchĪrticle II of the U.S. ![]()
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