The National Constitution: Office and Power
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.(See Amendments to the Constitution, Article XII. By an Act passed in 1845 (January 23), the electors must be chosen, in each State, on the Tuesday next after the first Monday in the month of November of the year in which they are to be elected. In the preceding portion of this history, when the election of a President is spoken of, it is meant that electors favorable to such candidates were chosen at that time.)
Qualifications of the President.
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.
Resort in case of his disability.
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. (Provision has been made for the President of the Senate, for the time being, or if there shall be no such officer, the Speaker of the House of Representatives shall perform the executive functions.)
Salary of the President.
The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor 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.(The salary of the President was fixed by the first Congress at $25,000 a year, and that of the Vice-President at $8,000. Now the salary of the President is $50,000, and the Vice-President, $10,000. The salary for each entire term was so fixed, that the executive might be independent of the legislative department for it.)
Oath of Office.
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."
Duties of the President.
Section 2
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;(This was to insure unity and efficiency in action, when foreign war or domestic insurrection should call for the services of the army and navy. His large powers as Executive are directed by constitutional provisions. He is the arm of the nation to execute its bidding.) 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 Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment. (It is presumed that the Executive is above the personal, local, or sectional influences that might be brought to bear, in these cases, on the courts or on legislative bodies. The Executive, according to a decision of the Supreme Court, has power to grant a pardon before trial or conviction. See Brightley's Analytical Digest of the Laws of the United States, page7, note (e).)
His power to make treaties, appoint embassadors, judges, etc.
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senator 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 hitherto provided for, and which shall be established by Law; (The President is presumed to be more fully informed concerning the foreign relations of the Republic, and the fitness of men for the highest offices. The Senate represents the legislative department of the Government in treaty-making and the appointment of high officers, and is a check on the Executive against any encroachments on the rights of Congress in the matter.) 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.
May fill vacancies.
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. (This limitation to executive appointments is to prevent the President from neutralizing the action of the Senate as a co-ordinate power.)
Power to convene Congress.