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Call Now: 904-383-7448The 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:
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. 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, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.
The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, 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.
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 Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.
The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased or diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.
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."
- Factors disqualifying a person from nomination or election to public office, §§ 21-2-7,21-2-8.
Election of presidential electors, §§ 21-2-10 through21-2-12.
- U.S. Const., art. II, sec. I, cl. 3 has been superseded by U.S. Const., amend. 12, which makes the candidates and offices of President and Vice-President distinct in the selection process. United States Const., amend. 14, sec. III modifies U.S. Const., art. II, sec. I, cl. 5 by imposing additional, but probably anachronistic, disqualifying criteria. U.S. Const., art. II, sec. I, cl. 6, concerning the disability of a President or a vacancy of the office, has been superseded by U.S. Const., amend. 25.
- For article analyzing the relationship between the military and the first amendment right of individuals to engage in political activities, see 28 Emory L.J. 3 (1979). For article discussing the separation of powers implications of implied rights of actions, see 34 Mercer L. Rev. 973 (1983). For article, "Congress: The Purse, the Purpose, and the Power," 21 Ga. L. Rev. 1 (1986). For article, "Separation of Political Powers: Boundaries or Balance?," 21 Ga. L. Rev. 171 (1986). For article, "Article II Courts," see 44 Mercer L. Rev. 825 (1993). For article, "The Trouble with Shadow Government," see 52 Emory L.J. 281 (2003). For article, "State Government: Organization of the Executive Branch Generally," see 29 Ga. St. U.L. Rev. 162 (2012). For note, "Bowsher v. Synar: Bright-Line Rule or Dice-Toss Approach to Separation of Powers?," see 38 Mercer L. Rev. 969 (1987). For note, "Let Me Tell You What You Mean: An Analysis of Presidential Signing Statements," see 21 Ga. L. Rev. 755 (1987). For comment on Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 937, 72 S. Ct. 775, 96 L. Ed. 1345 (1952), see 15 Ga. B.J. 90 (1952). For comment on United States v. Brand Jewelers, Inc., 318 F. Supp. 1293 (S.D.N.Y. 1970), as to implied power of the executive to sue, see 20 J. of Pub. L. 337 (1971).
- The inclusion of the electoral college in the Constitution validated the collegiate principle despite its inherent numerical inequality, but implied nothing about the use of an analogous system by a state in a statewide election. Gray v. Sanders, 372 U.S. 368, 83 S. Ct. 801, 9 L. Ed. 2d 821 (1963).
Cited in United States v. Raines, 189 F. Supp. 121 (M.D. Ga. 1960); Republic of Cuba v. Arcade Bldg. of Savannah, Inc., 104 Ga. App. 848, 123 S.E.2d 453 (1961); Smith v. State Executive Comm. of Democratic Party, 288 F. Supp. 371 (N.D. Ga. 1968); Allan v. Allan, 236 Ga. 199, 223 S.E.2d 445 (1976).
- Constitutional inhibition of increase or decrease in compensation during term as applicable to nonconstitutional officer, 86 A.L.R. 1263.
Constitutional inhibition of change of officer's compensation as applicable to allowance for expenses or disbursements, 106 A.L.R. 779.
Validity, construction, and application of 18 U.S.C.A. § 879, prohibiting threats against former presidents or vice presidents and major candidates for such offices, members of their immediate families, members of immediate families of presidents-elect and vice presidents-elect, and certain others protected by secret service, 69 A.L.R. Fed. 2d 151.