CONSTITUTIONAL LAW. 113 



2. The Executive power is vested in a President of the United 

 States of America. He holds his office during the term of four years ; 

 and together with the Vice President, chosen for the same term, is 

 elected by electors, who are appointed by the states, in such manner 

 as the respective legislatures may direct. The electors meet in their 

 several states, and vote by ballot for a president and vice president ; and 

 their votes are transmitted to the president of the senate, who opens the 

 certificates before both houses of Congress, and declares the result. 

 If no person has a majority of the electoral votes for president, then 

 one of the three highest candidates for that office is chosen to it, by the 

 representatives, voting by states ; each state having one vote. In the 

 like case with regard to a vice president, he is chosen by the Senate ; 

 being one of the two highest candidates. The president and vice 

 president, must have been natural born citizens, or else citizens of the 

 United States at the time of .the adoption of the Constitution : they 

 must be at least 35 years of age ; and must have resided 14 years 

 within the United States. In case of the death, inability, or removal 

 of the former, his office devolves on the latter. 



The President is commander in chief of the army and navy, and of 

 the militia, when called into the actual service of the United States. 

 He has pardoning powers, except in cases of impeachment; and 

 has power to make treaties, by and with the consent of two-thirds 

 of the senators present in session. He appoints ambassadors, 

 judges, and various other officers, subject to the senate's approval; 

 and he may fill vacancies, which occur during the recess of the senate, 

 by granting commissions, which shall expire at the end of the next 

 senatorial session. He gives information and proposes measures to 

 Congress ; which body he may convene by proclamation ; but he 

 can adjourn it only when the houses disagree in regard to the time of 

 adjournment. He receives foreign ministers ; takes care that the laws 

 be faithfully executed ; and commissions all the officers of the United 

 States, with whose appointment he is concerned. The president,, 

 vice president, and all civil officers of the United States, are remova- 

 ble from office, on impeachment by the house of representatives, and 

 conviction by the senate, of high crimes or misdemeanors. 



The distribution of the higher executive duties, not having been 

 prescribed by the Constitution, has since been made by Acts of Con- 

 gress. The Secretaries of State, of the Treasury, of War, and of 

 the Navy, with the Attorney General, and the Postmaster Gene- 

 ral, are the immediate advisers of the President ; corresponding to 

 the ministry, in foreign governments ; and together they constitute the 

 Cabinet. 'The Department of State, the Treasury and War depart- 

 ments, and the office of Attorney General, were established in 1789 : 

 but the Navy department was not established, as a distinct one, until 

 1798 ; nor the Post Office department, until 1810. 



3. The Judicial power of the United States, is vested in a Su- 

 preme Court, and in such inferior courts as the Congress may from 

 time to time ordain and establish. The Judges, of all the courts, hold 

 their office during good behaviour ; and their salary cannot be dimi- 

 nished during their continuance in office. The Judicial power ex- 

 tends to all cases, in law and equity, arising under the Constitution* 

 15 K 2 



