CONSTITUTION OF THE UNITED STATES OF AMERICA

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ARTICLE II.

Section 2. [Powers of the President]

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have the Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

Law reviews.

- For article discussing control of tenure of executive officers by the President and the Governor, see 3 Ga. B.J. 13 (1941). For article, "Jury Trials in Contempt Cases," see 20 Ga. B.J. 297 (1957). For article, "The Subject-Matter Limitation Upon the Treaty-Making Power," see 11 J. of Pub. L. 122 (1962). For article discussing the presidential power of judicial appointment, as exercised under Franklin Roosevelt and Richard Nixon, see 8 Ga. St. B.J. 145 (1971). For article, "The Treaty Power and Family Law," see 7 Ga. L. Rev. 55 (1972). For article, "The Supreme Court and Civil Liberties: 1974-1975," see 24 Emory L.J. 937 (1975). For article discussing problems in pardoning draft evaders and resisters, see 11 Ga. L. Rev. 1 (1976). 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, "Federal Preemption, Federal Conscription Under the New Superfund Act," see 38 Mercer L. Rev. 643 (1987). For article, "More Myths of Parity: State Court Forums and Constitutional Actions for the Right to Shelter," see 38 Emory L.J. 615 (1989). For article, "Article II Courts," see 44 Mercer L. Rev. 825 (1993). For article, "Timber! The SEC Falls Hard as the Georgia District Court in Timbervest Finds the Appointment of the SEC ALJs 'Likely Unconstitutional,'" see 67 Mercer L. Rev. 459 (2016). For comment, "Insider Trading: The Problem with the SEC's In-House ALJS," see 67 Emory L.J. 123 (2017). For note discussing the doctrine of federal preemption in the allocation of powers between the nation and the states, see 22 J. of Pub. L. 391 (1973). For note, "Let Me Tell You What You Mean: An Analysis of Presidential Signing Statements," see 21 Ga. L. Rev. 755 (1987). For article, "A Constitutional Structure for Foreign Affairs," see 19 Ga. St. U.L. Rev. 1059 (2003). For comment on Korematsu v. United States, 323 U.S. 214, 65 S. Ct. 193, 89 L. Ed. 194 (1944), upholding constitutionality of exclusion of Japanese-Americans from military arms, see 7 Ga. B.J. 364 (1945). 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 Reid v. Covert, 354 U.S. 1, 77 S. Ct. 1222, 1 L. Ed. 2d 1148 (1957) and Kinsella v. Krueger, 351 U.S. 470, 76 S. Ct. 886, 100 L. Ed. 1342 (1956) as to military authority overseas over dependents of servicemen, see 6 J. of Pub. L. 540 (1957). For comment on Goldwater v. Carter, 444 U.S. 996, 100 S. Ct. 533, 62 L. Ed. 2d 428 (1979), discussing unilateral treaty termination by the President, see 15 Ga. L. Rev. 176 (1980). For comment, "Private Citizens in Foreign Affairs: A Constitutional Analysis," see 36 Emory L.J. 285 (1987).

JUDICIAL DECISIONS

Constitutional power to grant reprieves and pardons includes power to grant commutations on lawful conditions. Lupo v. Zerbst, 92 F.2d 362 (5th Cir. 1937), cert. denied, 303 U.S. 646, 58 S. Ct. 645, 82 L. Ed. 1108 (1938).

Cited in United States v. Jenkins, 141 F. Supp. 499 (S.D. Ga. 1956); United States v. Raines, 189 F. Supp. 121 (M.D. Ga. 1960); Block v. Compagnie Nationale Air France, 229 F. Supp. 801 (N.D. Ga. 1964); Calley v. Callaway, 519 F.2d 184 (5th Cir. 1975).

OPINIONS OF THE ATTORNEY GENERAL

Reciprocal child support enforcement statute not violation of treaty provisions.

- So long as a reciprocal child support enforcement statute does not require more than a routine review of foreign laws, does not directly affect United States foreign policy and does not have a potential for the disruption of foreign policy or embarrassment to the United States government, it does not violate the treaty provisions of the United States Constitution. 1981 Op. Att'y Gen. No. 81-12.

RESEARCH REFERENCES

ALR.

- Relation of treaty to state and Federal law, 4 A.L.R. 1377; 134 A.L.R. 882.

Power of executive to pardon one for contempt, 26 A.L.R. 21; 38 A.L.R. 171; 63 A.L.R. 226.

Constitutionality of statute conferring on court power to suspend sentence, 26 A.L.R. 399; 101 A.L.R. 402.

Distinction between office and employment, 53 A.L.R. 595; 93 A.L.R. 333; 140 A.L.R. 1076.

Pardon as defense to proceeding for suspension or cancellation of license of physician, surgeon, or dentist, 126 A.L.R. 257.

Pardon as affecting impeachment by proof of conviction of crime, 30 A.L.R.2d 893.

Construction and application of appointments clause of United States Constitution, Article II, Section 2, cl. 2, 59 A.L.R. Fed. 2d 1.