The Powers of the President - Rewriting Article 2 of the Constitution

I was brought this question a while back and figured it would be a great discussion topic.

If you haven't read Article 2 of the Constitution, please do so before posting.

Article 2 of the Constitution

Here's my question for you guys...you can rewrite Article 2 of the Constitution, which is the article addressing the president's powers. You can give the president any powers you want or take any of them away. Do whatever you want with the position. What would you change? What would you add? What would your Article 2 look like?

Here are some points you should consider: the executive position, term of office, term limits, the VP, electoral college, when we vote, citizenship, age, residency (years required), in case of removal, pay, oath, military powers and positions, powers to create treaties and appointments, power to fill vacancies, requirements to address the nation, impeachment, and an overall outlook on what he/she should be able to do and not do, plus prerequisites.

Please, I know it would be very easy just to take shots at the position of the president, but let's have an intelligent discussion about this. With no further a due, I'll open it up to the floor...

1. I would change the minimum age requirement from 35 to 30.

2. The president's salary would be voted on once a year, (by the public) based on their performance and ability to keep campaign promises.

3. A committee (elected by the public through popular vote) would be formed whose sole purpose would be to ensure the President keeps his sworn oath of:

"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."

..and if found to have violated said oath the president would be relieved of their position swiftly and would no longer qualify for lifetime presidential benefits. .. they would be fined and have a criminal court hearing for their treason.

Unfortunately there hasn't been a president in decades that would have been able to function under my amendments I fear.

The Electoral College should be compelled to vote with their states (usually happens that way but what if?).
The part in S2 about the POTUS being CiC of the Militia of the several states needs to be rectified with the principle of the sovereignty of the states.
Finally. where is the authority, absent a true crisis, for all of the pre-martial law EOs?

Originally posted by Drezden
1. I would change the minimum age requirement from 35 to 30.

2. The president's salary would be voted on once a year, (by the public) based on their performance and ability to keep campaign promises.

3. A committee (elected by the public through popular vote) would be formed whose sole purpose would be to ensure the President keeps his sworn oath of:

"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."

..and if found to have violated said oath the president would be relieved of their position swiftly and would no longer qualify for lifetime presidential benefits. .. they would be fined and have a criminal court hearing for their treason.

Unfortunately there hasn't been a president in decades that would have been able to function under my amendments I fear.

edit on 2/10/2011 by Drezden because: After-thought

Some good points Drezden. Would you keep it as the VP taking office in case of removal of the president?

Presidential salary? I really doubt they care about that when they are making millions for books and speeches.

I have another part I am working on regarding a citizen oversight committie but for now here is what I have:

I snipped out the parts in which I made no changes - my changes and additions are underlined.

Article. II.

Section. 1.

….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 forty five Years, and been the majority of their Years a Resident within the United States. No Person shall be eligible for the office having not served one or more term of service with any branch of the U.S. Military; further the character of that service shall have been honorable and all records of such service made available to the public. Any records, educational, medical, financial or otherwise held by any institution, public or private shall be made available for review at the time one declares their intention to run for the office.

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. Under no circumstances will elections for President be suspended; in case of a national emergency the elections can be delayed for 3 months from the date of the start of the emergency should such an election be impossible due to an unrecoverable breakdown of the government the federal government shall be dissolved and all authority revoked and the states will operate independently until a new constitutional convention be held to form a new federal government should they after such event wish to form one.

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. This compensation will be limited to 8 times the average salary in America at the time the person enters office. Vacation days are limited to the national average and in no case shall exceed 30 days in a calendar year.

Any expenses not directly related to the execution of the office shall be the sole responsibility of the President and all expenses claimed will be subject to review by the public. Any financial obligation incurred by the government for the President’s protection and travel during any non-official trips will be reimbursed to the treasury by the individual. In no way can this be waived by combining travel with an official function. The POTUS will not accept any gifts from an individual or corporation of any monetary value including shirts, hats, free greens fees, room and board etc., nor may the President exchange any endorsement or speak on in exchange for such gifts while executing the the office.

Section. 2.
…..The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate if such vacancies occur durning such a Recess, by granting Commissions which shall expire on the first day of the next session.

Originally posted by Golf66
I have another part I am working on regarding a citizen oversight committie but for now here is what I have:

I snipped out the parts in which I made no changes - my changes and additions are underlined.

Article. II.

Section. 1.

….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 forty five Years, and been the majority of their Years a Resident within the United States. No Person shall be eligible for the office having not served one or more term of service with any branch of the U.S. Military; further the character of that service shall have been honorable and all records of such service made available to the public. Any records, educational, medical, financial or otherwise held by any institution, public or private shall be made available for review at the time one declares their intention to run for the office.

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. Under no circumstances will elections for President be suspended; in case of a national emergency the elections can be delayed for 3 months from the date of the start of the emergency should such an election be impossible due to an unrecoverable breakdown of the government the federal government shall be dissolved and all authority revoked and the states will operate independently until a new constitutional convention be held to form a new federal government should they after such event wish to form one.

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. This compensation will be limited to 8 times the average salary in America at the time the person enters office. Vacation days are limited to the national average and in no case shall exceed 30 days in a calendar year.

Any expenses not directly related to the execution of the office shall be the sole responsibility of the President and all expenses claimed will be subject to review by the public. Any financial obligation incurred by the government for the President’s protection and travel during any non-official trips will be reimbursed to the treasury by the individual. In no way can this be waived by combining travel with an official function. The POTUS will not accept any gifts from an individual or corporation of any monetary value including shirts, hats, free greens fees, room and board etc., nor may the President exchange any endorsement or speak on in exchange for such gifts while executing the the office.

Section. 2.
…..The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate if such vacancies occur durning such a Recess, by granting Commissions which shall expire on the first day of the next session.

edit on 10/2/2011 by Golf66 because: (no reason given)

edit on 10/2/2011 by Golf66 because: (no reason given)

Very interesting suggestions Gainsayer. You proposed some that I had not thought of. I love the ideas of computing a salary, although I'm not sure of the number. I REALLY like the idea of a complete and public background check regarding anything involving the candidate. The limit on days off is important also.

I'm asking a mod to delete this entire thread. The reason being that I was doing research for a class and I cannot use this information. So, it's best if it just be completely removed. I hope you all can understand. Thank you.

Originally posted by PronoEast: "Some good points Drezden. Would you keep it as the VP taking office in case of removal of the president?"

The VP would become president and finish the term assuming he isn't found to have knowingly been a significant part of the oath-breaking actions.