Illinois
Conservative Beacon
“Any act of the legislature repugnant to the Constitution is void.”
U.S. Supreme Court - 1803
Constitution of the United States of America Article II: Executive Branch
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Article 2, Section 1: Executive Powers, Electoral College, Election of
President and Vice President
2.1.1 The executive Power shall be vested in a President of the United States of
America.
2.1.2 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:
2.1.3 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:
2.1.4 but no Senator or Representative, or Person holding an Office of Trust or
Profit under the United States, shall be appointed an Elector.
2.1.5 The Electors shall meet in their respective States, and vote by Ballot for two
Persons, of whom one at least shall not be an Inhabitant of the same State with
themselves.
2.1.6 And they shall make a List of all the Persons voted for, and of the Number
of Votes for each;
2.1.7 which List 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.
2.1.8 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.
2.1.9 The Person having the greatest Number of Votes shall be the President, if
such Number be a Majority of the whole Number of Electors appointed;
2.1.10 and if there be more than one who have such Majority, and have an equal
Number of Votes, then the House of Representatives shall immediately choose by
Ballot one of them for President;
2.1.11 and if no Person have a Majority, then from the five highest on the List the
said House shall in like Manner choose the President.
2.1.12 But in choosing the President, the Votes shall be taken by States, the
Representation from each State having one Vote;
2.1.13 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.
2.1.14 In every Case, after the Choice of the President, the Person having the
greatest Number of Votes of the Electors shall be the Vice President.
2.1.15 But if there should remain two or more who have equal Votes, the Senate
shall choose from them by Ballot the Vice President.
2.1.16 The Congress may determine the Time of choosing the Electors, and the
Day on which they shall give their Votes;
2.1.17 which Day shall be the same throughout the United States.
2.1.18 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;
2.1.19 neither shall any Person be eligible to that Office who shall not have
attained to the Age of thirty five Years, and been fourteen Years a Resident within
the United States.
2.1.20 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.
2.1.21 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.
2.1.22 Before he enter on the Execution of his Office, he shall take the following
Oath or Affirmation:–”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.”
Superseded by Amendment 12