... He shall have
Power, by and with the
Advice and
Consent of the
Senate, to make
Treaties, provided two thirds of the
Senators 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. ...
... The Electors shall
meet in their respective
states and
vote by
ballot for
President and
Vice-President, one of whom, at least, shall not be an
inhabitant of the same
state with themselves; they shall
name in their
ballots the
person voted for as
President, and in distinct
ballots the
person voted for as
Vice-President, and they shall make distinct
lists of all
persons voted for as
President, and of all
persons voted for as
Vice-President, and of the
number of votes for each, which
lists they shall
sign and certify, and transmit
sealed to the
seat of the
government of the
United States, directed to the
President of the
Senate; -- the
President of the
Senate shall, in the
presence of the
Senate and
House of Representatives,
open all the
certificates and the
votes shall then be counted; -- The
person having the
greatest number of votes for
President, shall be the
President, if such
number be a
majority of the whole
number of Electors appointed; and if no
person have such
majority, then from the
persons having the highest
numbers not exceeding three on the
list of those voted for as
President, the
House of Representatives shall
choose immediately, by
ballot, the
President. But in choosing the
President, the
votes shall be taken by
states, the
representation from each
state having one
vote; a
quorum for this
purpose shall consist of a
member or
members from two-thirds of the
states, and a
majority of all the
states shall be necessary to a
choice.
[And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President. --]Amendment XX The
person having the
greatest number of votes as
Vice-President, shall be the
Vice-President, if such
number be a
majority of the whole
number of Electors appointed, and if no
person have a
majority, then from the two highest
numbers on the
list, the
Senate shall
choose the
Vice-President; a
quorum for the
purpose shall consist of two-thirds of the whole
number of
Senators, and a
majority of the whole
number shall be necessary to a
choice. But no
person constitutionally ineligible to the
office of
President shall be
eligible to that of
Vice-President of the
United States. ...
... No
person shall be a
Senator or
Representative in
Congress, or
elector of
President and
Vice-President, or hold any
office,
civil or
military, under the
United States, or under any
State, who, having previously taken an
oath, as a
member of
Congress, or as an
officer of the
United States, or as a
member of any
State legislature, or as an
executive or
judicial officer of any
State, to
support the
Constitution of the
United States, shall have engaged in
insurrection or
rebellion against the same, or given
aid or comfort to the
enemies thereof. But
Congress may by a
vote of two-thirds of each
House,
remove such
disability. ...