Article II, Section 3, Clause 1

The Federalist and Federalist essays

• quoted bySuggested
  Cassius 10, ¶ 2

  That the president of the United States shall, from tim.e to time, give Congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient — he may, on extraordinary occasions, convene both houses or either of them, and adjourn them to such time as he may think proper — he shall take care that…

  Cites "Section 3, of article II" and reproduces this clause in close, slightly abridged wording ("tim.e" is OCR damage).

• cited bySuggested
  An American Citizen, Number III, ¶ 3

  Should they differ in opinion, the Preſident, who is a temporary fellow-ſervant, and not their hereditary maſter, has a mediatorial power to adjuſt it for them, but cannot prevent th•• conſtitutional meeting within the year.

  The paragraph says the President has a "mediatorial power" when the two houses differ, which describes his power to adjourn them when they disagree on the time of adjournment in Article II, Section 3.

• quoted bySuggested
  A Native of Virginia, Article II, ¶ 28

  …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: He may on extraordinary occaſions, convene both Houſes, or either of them, and in caſe of diſagreement between them, with reſpect to the time of adjournment, he may adjourn them to ſuch time as he ſhall think proper: He ſhall receive Ambaſſadors and other public Miniſters: He ſhall take care that the laws be faithfully executed; and ſhall commiſſion all the officers of the United States.

  The paragraph prints Article II, Section 3, Clause 1 of the Constitution as signed; the quoted words are the same as the clause's (apart from capitals and the long s), though the pamphlet's punctuation differs in places.

• cited bySuggested
  A Native of Virginia, Article II, ¶ 29

  THE powers given by this ſection are ſuch as in all governments, have always been, and muſt neceſſarily be, veſted in the firſt magiſtrate.

  The paragraph discusses "the powers given by this section," the section on the president's duties printed above it (Article II, Section 3).

• cited bySuggested
  Federalist No. 42, ¶ 1

  The second class of powers, lodged in the general government, consists of those which regulate the intercourse with foreign nations, to wit: to make treaties; to send and receive ambassadors, other public ministers, and consuls; to define and punish piracies and felonies committed on the high seas, and offenses against the law of nations; to regulate foreign commerce, including a power to prohibit, after…

  Names the power to "receive ambassadors, other public ministers," echoing this clause's words "receive Ambassadors and other public Ministers."

• cited bySuggested
  Federalist No. 64, ¶ 8

  For these, the President will find no difficulty to provide; and should any circumstance occur which requires the advice and consent of the Senate, he may at any time convene them.

  Says the President "may at any time convene" the Senate, echoing this clause's "convene both Houses, or either of them."

• quoted byReviewed
  Federalist No. 69, ¶ 6

  He is to have power to grant reprieves and pardons for offenses against the United States, EXCEPT IN CASES OF IMPEACHMENT; to recommend to the consideration of Congress such measures as he shall judge necessary and expedient; to convene, on extraordinary occasions, both houses of the legislature, or either of them, and, in case of disagreement between them WITH RESPECT TO THE TIME OF ADJOURNMENT, to adjourn them to such time as he shall think proper; to take care that the laws be faithfully executed; and to commission all officers of the United States.” In most of these particulars, the power of the President will resemble equally that of the king of Great Britain and of the governor of New York.

  The same quotation continues with this clause's powers to recommend measures, convene and adjourn the houses, "take care that the laws be faithfully executed," and commission officers.

• cited bySuggested
  Federalist No. 69, ¶ 8

  The President is also to be authorized to receive ambassadors and other public ministers.

  Names the President's power to "receive ambassadors and other public ministers" in this clause's words.

• cited bySuggested
  Federalist No. 77, ¶ 8

  The only remaining powers of the Executive are comprehended in giving information to Congress of the state of the Union; in recommending to their consideration such measures as he shall judge expedient; in convening them, or either branch, upon extraordinary occasions; in adjourning them when they cannot themselves agree upon the time of adjournment; in receiving ambassadors and other public ministers; in faithfully executing the laws; and in commissioning all the officers of the United States.

  The paragraph lists, in the clause's own order and largely in its words, the powers set out in this clause, from information on "the state of the Union" to "commissioning all the officers of the United States."

• cited bySuggested
  Federalist No. 77, ¶ 9

  Except some cavils about the power of convening EITHER house of the legislature, and that of receiving ambassadors, no objection has been made to this class of authorities; nor could they possibly admit of any.

  Returns to two of the powers listed from this clause in the preceding paragraph, naming "the power of convening EITHER house of the legislature" and "that of receiving ambassadors."

Anti-Federalist essays

• cited bySuggested
  Cato 4, ¶ 10

  …maintain his court, that the compensation for his services, or in other words, his revenue, should be such as to enable him to appear with the splendor of a prince; he has the power of receiving ambassadors from, and a great influence on their appointments to foreign courts ; as also to make treaties, leagues, and alliances with foreign states, assisted by the Senate, which when made…

  The paragraph names the president's power of "receiving ambassadors", which is in Article II, Section 3.

• quoted bySuggested
  Cato 7, ¶ 1

  This circumstance did not escape the convention, and they have provided for the event, in the 2d article, which declares that the executive may, on extraordinary occasions, convene hoik house's or either of them.

  The paragraph names "the 2d article" and quotes its words "may, on extraordinary occasions, convene ... or either of them"; "hoik house's" is OCR damage for "both houses".

• cited bySuggested
  James Monroe, ¶ 35

  That of adjournment in caſe of impeachment, between the two branches, to ſuch time as he ſhall think fit, is certainly too unqualified and extenſive.

  The paragraph objects to a power of adjournment "between the two branches, to such time as he shall think fit," which echoes the president's power in Article II, Section 3 to adjourn the houses "to such Time as he shall think proper." The paragraph's words are "in case of impeachment," where the clause says in case of disagreement between the houses.

• quoted bySuggested
  Sydney 2, ¶ 36

  By the 2d article, 2d section, the president " shall take care that the laws be faithfully executed, and shall commission all the officers of the United States."

  The paragraph quotes these words in quotation marks; it introduces them as "the 2d article, 2d section", but they are in Article II, Section 3.

Other writings

• quoted bySuggested
  North Carolina convention, July 28, 1788, ¶ 53

  One of the best provisions contained in it is, that he shall commission all officers of the United States, and shall take care that the laws be faithfully executed.

  Maclaine says the President "shall commission all officers of the United States, and shall take care that the laws be faithfully executed".

• quoted bySuggested
  Pennsylvania convention, December 11, 1787, ¶ 64

  “He shall take care that the laws be faithfully executed.”

  The passage quotes the clause in quotation marks.

Debates in Congress

• cited bySuggested
  House, February 13, 1932 (2), ¶ 23

  There is one thing certain, if Congress is not in session it will not be spending the public's money; and in any emergency under the present Constitution, or in case this resolution is finally adopted by the required number of States, the President has power to call Congress into session, and I think one of the greatest dangers to our country is excessive taxation and excessive expenditures of the people's money.

  The paragraph names the President's power under the Constitution to call Congress into session, which is given by Article II, Section 3.

• cited bySuggested
  Senate, May 31, 1866, ¶ 10

  My friend from Illinois seems to think that because I made this statement that they are responsible to the President, because he under the Constitution has placed upon him the responsibility of seeing that the laws are faithfully executed, I intended to say that these men were subject merely to the will of the Executive and not to the laws of the land.

  The paragraph names the President's constitutional responsibility of seeing that the laws are faithfully executed, which is in Article II, Section 3.

• cited bySuggested
  Senate, February 19, 1965 (5), ¶ 107

  The Constitution says that only the President can call Congress into special session.

  The paragraph names the President's power under the Constitution to convene Congress, which is given by Article II, Section 3.

• cited bySuggested
  Senate, February 19, 1965 (5), ¶ 132

  The Constitution provides that only the President may call Congress into special session.

  The paragraph names the President's power under the Constitution to convene Congress, which is given by Article II, Section 3.

The Supreme Court

Cases whose essays in the Constitution Annotated cite them under this clause, oldest first. Each link names the pages it comes from.

• interpreted bySuggested
  Marbury v. Madison (1803)5 U.S. 137, decided February 24, 1803

  The Constitution Annotated's essays on this provision cite the case on 4 pages.

  Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtII.S3.4.1, ArtII.S3.4.4, ArtII.S3.5.2, ArtII.S3.5.3, pp. 808, 814, 832, 833.

• interpreted bySuggested
  Youngstown Sheet & Tube Co. v. Sawyer (1952)343 U.S. 579, decided June 2, 1952

  The Constitution Annotated's essays on this provision cite the case on 2 pages.

  Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtII.S3.5.2, ArtII.S3.5.3, pp. 832, 833.

• interpreted bySuggested
  United States v. Nixon (1974)418 U.S. 683, decided July 24, 1974

  The Constitution Annotated's essays on this provision cite the case on 9 pages.

  Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtII.S3.4.1, ArtII.S3.4.2, ArtII.S3.4.4, ArtII.S3.4.5, ArtII.S3.4.6, ArtII.S3.5, ArtII.S3.5.1, pp. 808, 810, 814, 815, 818, 819, 820, 829, 830.

• interpreted bySuggested
  Nixon v. Administrator of General Services (1977)433 U.S. 425, decided June 28, 1977

  The Constitution Annotated's essays on this provision cite the case on 5 pages.

  Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtII.S3.4.1, ArtII.S3.4.4, ArtII.S3.4.7, ArtII.S3.4.8, ArtII.S3.4.9, pp. 808, 814, 821, 822, 824.

• interpreted bySuggested
  Trump v. Mazars USA, LLP (2020)591 U.S. 848, decided July 9, 2020

  The Constitution Annotated's essays on this provision cite the case on 6 pages.

  Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtII.S3.4.2, ArtII.S3.4.3, ArtII.S3.4.5, ArtII.S3.4.6, ArtII.S3.4.9, pp. 809, 811, 816, 817, 823, 826.

On Article II as a whole

• cited bySuggested
  Massachusetts convention, January 28, 1788, ¶ 1
• cited bySuggested
  New York convention, July 4, 1788, ¶ 1

On Article II, Section 3 as a whole

• cited bySuggested
  Senate, February 19, 1965 (5), ¶ 81