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thirds of the States, and a majority of all States shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice President. But if there should remain two or more who have equal votes, the Senate shall choose for them, by ballot, the Vice President. (This clause is altogether altered and supplied by the XIIth amendment, which was adopted in 1804, on account of the difficulties that arose at the time of Jefferson's first election to the Presidency.]
4. The Congress may determine the time of choosing the electors, and the day on which they shall give their votes, which day shall be the same throughout the United States.
WHO MAY BE ELECTED PRESIDENT. 5. 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. [See also as to the Vice President. See XIIth amendment, post.]
IN CASE OF REMOVAL, &C., OF THE PRESIDENT, HIS POWERS TO
DEVOLVE UPON THE VICE PRESIDENT, &C. 6. 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 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.
PRESIDENT'S COMPENSATION. 7. The President shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminisired 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.
8. Before he enters 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."
POWERS AND DUTIES OF THE PRESIDENT,
SEC. II. 1. 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 power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.
OF MAKING TREATIES.
2. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senate 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.
POWER OF APPOINTMENT.
3. 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.
FURTHER POWERS AND DUTIES.
SEC. III. He shall, from time to time, give to the Congress, information of the state of the Union and recommend to their consideration such measures as he shall judge necessary and expedient; may, on extraordinary occasions, convene both Houses, or either of them ; and in case of disagreement be
tween them, with respect to the time of adjournment, he may
Sec. IV. The President, Vice President, and all civil officers
OF THE JUDICIARY OF THE JUDICIAL POWER-CONCERNING
Sec. I. The judicial power of the United States shall be
EXTENT OF THE JUDICIAL POWER-THIS CLAUSE ALTERED POS-
TEA-SEE AMENDMENTS, ART. XI.
SEC. II. The judici power shall extend to all cases in law
OF ORIGINAL AND APPELLATE JURISDICTION OF THE SUPREME
COURT. 2. In all cases affecting ambassadors, or other public ministers and consuls, and those in which a State shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations, as the Congress shall make. (5 Sergt. & R., 545. 1 Binn., 438.]
OF TRIALS FOR CRIMES.
3. The trials of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the State where the said crime shall have been committed ; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed.
OF TREASON. SEC. III. 1. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court. [4 Cranch App. Note B., 470, 126.]
2. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted.
OF STATE RECORDS. Sec. I. Full faith and credit shall be given, in each State, to the public acts, records, and judicial proceedings of every other State. And the Congress may, by general laws, prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof. [See 7 Cranch, 481. Wheat., 234. 1 Peters, 81, 351. 6 Wheat., 129.]
SEC. II. 1. The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States. [See 4 Johns., Ch. R., 430.]
OF FUGITIVES FROM JUSTICE.
2. A person charged in any State with treason, felony, or other crime, who shall flee from justice and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime. (See 4 Johns., Ch. R., 106.]
OF PERSONS HELD TO SERVICE.
3. No person held to service or labor in one State, under the laws thereof, escaping into another, shall in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up, on claim of the party to whom such service or labor may be due. (See 2 S. & R., 306. 3 S. & R., 4. 5 S & R., 62.]
OF THE ADMISSION OF NEW STATES.
SEC. III. 1. New States may be admitted by the Congress into this Union ; but no new State shall be formed or erected within the jurisdiction of any other State, nor any State be formed by the junction of two or more States or parts of States, without the consent of the Legislatures of the States concerned, as well as of the Congress.
2. The Congress shall have power to dispose of, and make all need ful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State.
OF STATE FORMS OF GOVERNMENT-REPUBLICAN FORM OF GOV
ERNMENT GUARANTEED TO THE SEVERAL STATES.
SEC. IV. The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion; and on application of the Legislature, or of the executive (when the Legislature cannot be convened), against domestic violence.