Ep. 41: U.S. Constitution – Article II, Section 1 – Presidential Term & Elections, Part 1

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Ep. 41: U.S. Constitution - Article II, Section 1 - Presidential Term & Elections, Part 1
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Show Notes

In this episode, Jason begins discussing the Executive branch in Article II. He begins with the establishment of the office of President of the United States with its 4 year term and finishes with a discussion about the sole authority state legislatures have in appointing presidential electors. This clause was front and center in the disastrous 2020 presidential election.

[1]“The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:

[2] “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.”

  • Records of the Federal Convention (see vol 1, vol 2, vol 3).
  • Regarding the phrase “executive powers” in Clause 1
    • Edumund Randolph, VA delegate to the Constitutional Convention said the following about “executive powers” :
      • …besides a general authority to execute the National laws…
      • This demonstrates his understanding of the principle definition of the phrase
    • Proposal by James Madison:
      • …with power to carry into execution the national laws,…
    • James Wilson (PA Delegate to the Constitutional Convention) described and James Madison agreed:
      • Extive. powers are designed for the execution of Laws, and appointing Officers not otherwise to be appointed-
  • Pierce Butler, SC Delegate to the Constitutional Convention, said the following on the proposal for 3 co-Executives:
    • “He said his opinion on this point had been formed under the opportunity he had had of seeing the manner in which a plurality of military heads distracted Holland when threatened with invasion by the imperial troops. One man was for directing the force to the .. defence of this part, another to that part of the Country, just as he happened to be swayed by prejudice or interest

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