Article II Section 2

Deciphering the Commander-in-Chief Clause

by TJ Martinell | Feb 9, 2024 | Article II, Article II Section 2, Constitution, Executive Power, War Powers

The Constitution designates the president as the commander in chief of the “Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States.” A common view is that this gives the president...

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...

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