Article II

Benjamin Franklin Speech Exposes the Inherent Danger of Power and Money

by Mike Maharrey | May 30, 2023 | Article II, Benjamin Franklin, Constitution

On June 2, 1787, Benjamin Franklin delivered a speech at the Philadelphia Convention opposing a provision in the proposed Constitution to pay the president a salary. The speech reveals some important aspects of human nature that we should keep in mind today. Franklin...

Is the Nomination of Amy Coney Barrett Unconstitutional?

by Rob Natelson | Oct 24, 2020 | Article II, Current Events, Judiciary

On Oct. 10, Democratic presidential nominee Joe Biden claimed that nominating and potentially approving Amy Coney Barrett for the Supreme Court during election season was “not constitutional.” You might think Biden knows what he’s talking about. Trained as a lawyer,...

Supreme Court and Rules of the Game

by Walter E. Williams | Sep 28, 2020 | Article II Section 2, Judiciary

The United States Constitution’s Article 2, Sec. 2, cl. 2, provides that the president of the United States “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the...

Can the Vice President Break a Tie on Appointments?

by Michael D. Ramsey | Sep 25, 2020 | Alexander Hamilton, Article I Section 3, Article II Section 2, Judiciary

In the Boston Globe, Laurence Tribe (Harvard) makes an originalist case that the Vice President cannot break ties on appointments votes. It’s an interesting issue but I am not persuaded. He begins: While the vice president has the power to cast a tiebreaking...

Senator Harris Is a Natural Born Citizen

by Michael D. Ramsey | Aug 18, 2020 | Article II, Eligibility Clause

This post consolidates and extends earlier comments I (here and here) and others (especially Eugene Volokh here) have made about Senator Kamala Harris’ eligibility to be President (and derivatively her eligibility to be Vice President). To put the conclusion up...

Executive Power: Who Made Presidents and Governors Kings?

by Mike Maharrey | Jun 30, 2020 | Article II, Executive Power

Article II of the Constitution defines the role and qualifications of the president. The Constitution delegates specific powers and responsibilities to the executive branch including the power of appointment, the power to make treaties with the advice and consent of...

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The 10th Amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

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