Section 2 Analysis

The main thrust of Article 2 is in the beginning of Section 1 - that the “executive power shall be vested in a President of the United States of America” (p725). Section 2 describes duties: commander in chief, the power to make treaties, appointments, and granting commissions (p725-6). Section 3 offers that he will inform Congress, the ability to convene/adjourn Congress, receive ambassadors, execute laws, and shall commission all the officers of the United States” (p726). Section 4 covers impeachment for treason, bribery, or other high crimes and misdemeanors (p726). Section I covers how the president is chosen, basic qualifications, removal / succession, compensation and the Oath of Affirmation. The framers didn’t want a king because they concerned with too much power being held by one person or entity. The Electoral College was developed by the framers because they needed solve the problem of how voting among the states would work - “…a system to allow the general electorate to have some influence on the selection of the chief executive without resorting to direct popular election” (p184). It satisfied the idea of separation of powers and the problem of representation in smaller states.
In the case of impeachment of the president, a two-step process takes place. First, the House investigates a
Chief Justice Taft writes in Ex parte Grossman 1925 that the framers were not inclined to change this historical discretion (p259). The public’s general acceptance of pardons may have shifted after Ford’s pardon of Nixon for offenses “committed or may have committed” (p261). At that time and even today, the phrase “may have” really strikes a nerve. At stake is the “the sacred trust of the people” (p260) - our belief in and support of leaders. Yes, I think it is reasonable for presidents to hold this power. Why – it’s an act of mercy. I like to believe for good but understand that it may fall short of my