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this is Sal here I'm here with Jeffrey Rosen head of the National Constitution Center and we're going to talk about Article two of the United States Constitution so Jeffrey what is the article too deep what is article 2 deal with it deals with the executive power the powers of the presidency and it lays them out and it starts by saying the executive power shall be vested in a president of the United States of America and today that seems somewhat common sense that the executive power is vested in the president nighted States of America why did they have to what what's special about that well when the Constitution was drafted it wasn't obvious that we'd have a single executive under the Articles of Confederation all the state governors had some of them have plural executives Alexander Hamilton at the Constitutional Convention was proposing a kind of monarchy a president for life so the idea of setting out limited powers for the presidency and specifying what they were creating a president that was energetic enough to achieve common purposes but restrained enough not to be a tyrant was a huge achievement to the Constitution that under the Articles of Confederation there wasn't a a proper executive branch it was really the the president presided so to speak over Congress that's right and each you you need a unanimous consent to get anything done which is why the Confederate Congress couldn't raise money to support the war efforts and couldn't raise taxes so the framers came to Philadelphia to create a an energetic executive but one that was also restrained and that's why the vesting power is so important it basically says that the all executive power is vested in the president but that power is not unlimited now people have disagreed about how much power the vesting power grants Theodore Roosevelt have this stewardship theory that said the president can be can do anything that's not forbidden by the Constitution and article 2 William Howard Taft who came after Roosevelt had the opposite theory a kind of judicial theory of the president he said the president can only do what isn't forbidden so the question of whether article 2 is the exclusive series of presidential powers or whether there are other implicit powers is a debate that continues to this day no this will be fascinated will we'll go into much more depth in future videos and just going through the rest of section one it looks like there's a lot of the mechanics of what does it mean to have a term of office what the how you become president is that essentially section one you see this first part he shall hold his office during the term of four years and together with a vice president chosen for the same term be elected as follows and then they kind of go into the electoral college system exactly and then there are a couple of other requirements no person except a natural-born citizen can be president and we know that that term was subject to some debate during the recent presidential election and then there's the provision that says that presidents have to be 35 years old it's the most explicit part of the Constitution and the point was to prevent aristocratic Saiyans without a lot of experience from taking office the framers were really concerned about having new monarchies and they wanted to make sure that presidents were seasoned enough so that's why you can't be President unless you're 35 fascinating and as we go further and and I copied this this text from your website from the National Constitution Center and why did you all highlight some of this text of article 2 in this yellow orange color well we're really thrilled by this website we're excited to be doing a series of videos with with you saw and it's the interactive Constitution folks can find it at Constitution Center org these are the main clauses where we commissioned the top liberal and conservative scholars to write about what they agreed and disagreed about these clauses so in section 1 of article 2 the main clauses of the vesting clause and that's the one to focus on the other stuff as you said it's basically just requirements of what you have to be in order to be President and then we highlighted other important provisions in sections 2 3 and 4 yeah and in particular this section on the electoral college system this was superseded I saw I learned from your website by the 12th amendment that because of what happened with with with Aaron Burr and Thomas Jefferson yes we know that from a musical Hamilton that the election of 1800 did not end well it was actually a tie in the house and so it went into the electoral college and and rather a tie in the electoral college it went to the house and Alexander Hamilton cast his support for Jefferson over Burr and burr was so furious about that that he challenged Hamilton to the duel that I ultimately killed him but the peculiarity of having the original system where the first place winner in the electoral college became president and the second place winner became vice president was so unwieldy that that provision of the Constitution was amended and now as we know Presidents and vice presidents run on a single ticket yeah yeah and then the rest of section 1 it kind of finishes off with in the case of the removal of the president is death resignation and ability to discharge the power so this is it talks about how Congress can provide for who should be President next exactly so and there are statutes that provide that and Congress has an elaborate rule of secession that it's created as empowered by this part of the Constitution yeah and then the last two pieces here it talks about just the compensation of the president cannot be increased or diminished during the the period for which he shall be elected maybe to prevent him from giving himself a raise or herself from giving herself a raise and then the last is just the the famous oath of office I do solemnly swear or affirm that I will faithfully execute the Office of the President of the United States and will do to the best of my ability preserve protect and defend the Constitution of the United States Sall you did a great job although there was an extra do in there and I'm pointing that out because remember when Chief Justice Roberts administered the oath to President Obama the fact that he slightly bungled it led Roberts just to be safe to re administer the oath so I think you saw if you want I can do it again and maybe you'll be President sounds good salad sounds good so then we get into section 2 which is I think maybe it gets a little bit more involved this this first this first paragraph here it says the President shall be the commander in chief of the Army and Navy of the United States and clearly they don't say all of the different forces of the United cuz we didn't have an Air Force then yeah or or Marines we sure didn't but there was a concern about the king of controlling the military so the two main purposes of this commander-in-chief clause are first total civilian control of the military and second the idea that there's just a single leader so the military is subordinate to civilian and democratically accountable control and unlike the Articles of Confederation a single person gets to control all of this power so that you can have coordinated military force and as simple and as clean as this statement seems to be in future videos we'll discuss more of how this may or may not be in contention with the power given to Congress in article 1 around the right to declare war exactly right we know that the president in section 2 has the power to Congress has the power to declare war and the question of what the president can do is contested as you said we'll talk about it more later but everyone agrees that the president has the ability to repel sudden attacks at the same time we haven't had a declared war since World War two although there have been lots of military actions and the question of how much independent power the president has to initiate military action is very hotly contested yeah and then this next section this talks about the power of the President to make treaties but what's the advice and consent of the Senate and it has to be approved provided two-thirds of the Senators present concur yes so the treaty power shared between the president and the Senate and generally people think that the Senate can approve or disapprove or maybe attach conditions or reservations to the treaty but the president alone has the power to negotiate treaties and that was a precedent set by George Washington so the treaty power is shared and there's a lot here because it also talks about the power of the President to appoint ambassadors other public ministers consuls judges of the Supreme Court and other officers the United States so this is pretty important sentence there it sure is we know now from controversy over Supreme Court nominations that the so called advice and consent Clause is really important the advice and consent Clause is limited to high officers as opposed to inferior officers because the clause says for inferior officers Congress convened and the president alone in the courts of law are the heads of the department but for high-ranking officials like Supreme Court judges the president can nominate the Senate exercises advice and consent and this is a shared power between the president Congress yes and and and just to make people familiar with the language when they're talking about inferior officers they're not making any judgment about those people's capability it's more they're talking about a more junior less less senior officials in the government that's an excellent point but although it is a term of art it's hugely important and people have disputed about who counts as an inferior officer because a lot hangs on if the officer is inferior then the president alone doesn't get to appoint them and there's and then they sorry I know I know also the question of who the president can remove or fire without congressional approval is important and may hinge on that question as well right and we'll talk more about it but it seems like the you need Senate consent for more of the getting people into their their jobs but being able to remove them as often times there's more power there for the president absolutely although again like most of these powers they're contested their arguments on both sides throughout history and the Supreme Court has both recognized the president's unitary authority to fire executive branch officials but in other cases has said that Congress can impose certain conditions on when the president could fire someone at someone we'll talk about it more but this this next sentence really is is also really interesting one is that look when the when the Senate is in recess the power shall have the president the President shall have the power to fill up all vacancies and it seems like it's a temporary filling of positions by granting Commission's which shall expire at the end of their next session that's exactly right and the president's power to make recess appointments was just litigated before the Supreme Court and the Supreme Court unanimously said that President Obama could not make certain appointments because wasn't technically out of session so the question of when the Senate is in recess is very contested and the scope of that power is really important as well yeah and section three is it kind of just says hey the president can get Congress together for the state of the union can address Konig risk and kind of tell Congress what's on it with on his or her mind all right yes it does say that and the state of the union power is really important you know there's one other clause in Section 2 that we just want might want to flag and that's the take care Clause sorry that's in section 3 and I know you're about to get to it so so we start with this ability to give Congress information about the State of the Union the ability to convene both houses of Congress in cases of disagreement among them but then you get to this really core power that he shall take care that the laws be faithfully executed and why is that so important that he takes care of the laws I mean isn't that what the executive should should be doing absolutely but there is a serious question what happens if the President believes a law is unconstitutional then is it the kind of law that he has to execute and President Thomas Jefferson said no he refused to enforce the Sedition Acts which basically allowed the government to punish people who criticize the president on the grounds that Jefferson believed that it was unconstitutional more recently we've had a big controversy over this clause when opponents of President Obama's executive orders about immigration have said that they're a violation of his power to take care that the laws are faithfully executed because according to opponents Congress reached a different immigration policy the Supreme Court ultimately refused to cleanly decide that because of the four-four split and we didn't clearly rule on the question of the take care Clause in the immigration policy fascinating and just to finish up here and we'll go deeper in future videos as we go into section four this really just talks about how the President or the Vice President and all civil officers and I states how they might be removed from office that's right and we know from not so distant history that the only way that the president can be removed from office is by impeachment of president is impeached by the house and has to be convicted by the Senate two presidents have been impeached in American history Andrew Johnson and Bill Clinton neither has been convicted so we've never actually had a president who's been removed from office through the impeachment clause and a lot of times in popular language impeachment to be clear impeachment is the accusation and then you have to be held that no you actually did commit those crimes happen and that's what you're saying that the Senate is responsible for that's right you can be an impeached but acquitted and that's what happened to both Bill Clinton and Andrew Johnson so it's like being indicted but then you go to trial and you're later acquitted you get to keep your office well thanks so much Jeffrey this is this is a super valuable overview thanks it's been great to talk