Article Two of the United States Constitution creates the executive branch of the United States government. The executive branch includes the President; the Vice President; the Cabinet; executive departments, like the Department of State; independent agencies, like the Central Intelligence Agency (CIA); and other things like committees and commissions.
Section 1: President and Vice President
Clause 1: Executive Power
Section One begins by giving federal executive power to the President only. This is part of the separation of powers that the Founding Fathers built into the Constitution. To prevent any part of the government from getting too powerful, they split the power between three branches. This clause gives executive power to the President. Another clause in Article One of the Constitution gives federal legislative (law-making) power to the United States Congress only. A third clause in Article Three gives judiciary power to the federal courts. No branch is allowed to do a job that the Constitution has given to another branch. For example, the President cannot make laws; that is the Legislature's job.
This clause says the President is the head of the Executive Branch. It also mentions the Vice President, though the Constitution does not give him any executive powers. However, the Constitution does say that the President and Vice President must be elected at the same time, for the same term (amount of time), and by the same constituency. The Founding Fathers wanted to make sure the Executive Branch would survive, and stay independent, if the Vice President had to become the President.
Clause 2: Method of choosing Electors
Under the U.S. Constitution, the President and Vice President are chosen by Electors. The Constitution allows each state legislature to decide how they will choose Electors. Since the 1820s, state legislatures have usually chosen Electors through an indirect popular vote. This means that people in the state will get to vote on which Electors they want. The ballot that people use to vote will have the Electors' names on it. Usually, it will also say what Presidential and Vice Presidential candidates they plan to support. This allows the people to choose Electors who support the candidates they like.
Each state has two United States Senators and a certain number of United States Representatives representing them in Congress. (The number of Representatives depends on how many people live in the state.) Each state gets a number of Electors that is equal to the number of Members of Congress the state has. (For example, if a state has 2 Senators and 10 Representatives, they have 12 total Members of Congress, so they get 12 Electors.)
The only people who cannot be Electors are Senators, Representatives, and federal officers. This is meant to make sure that the Electoral College is made up of regular Americans, not politicians.
Clause 3: Electors
This clause talks about Electors and how they choose a President. Once they are chosen, the Electors meet in their states to vote for the President and Vice President. Originally, candidates only ran for President; there were no candidates for Vice President. Each Elector voted for two different candidates for President. They had to vote for at least one candidate who did not live in the Elector's home state. The candidate who got more than half of the votes became President. The candidate who got the next highest number of votes (the second-place winner) became Vice President.
This clause gives instructions for several possible problems: Ties: If two candidates get the same number of votes, the House of Representatives can choose which of the two candidates becomes President If there is a tie for Vice President (because two second-place candidates got the same number of votes), the Senate votes on which person should get the job No majority: If no candidate wins more than half of the votes, then the House can choose any one of the five candidates who got the most votes Quorum: For the House and Senate to choose a President and Vice President, there must be a quorum in both Houses of Congress. This means that a certain number of members of Congress have to be there for the vote: At least one Representative from two-thirds (67%) of the states in the House; AND At least two-thirds of the Senators in the Senate