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THE FEDERATION OF AMERICAN STATES

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CONSTITUTION

FOR THE

FEDERATION OF AMERICAN STATES

ARTICLE THREE: THE PRESIDENT

Constitution for the Federation of American States Section 3.1.

(1) The Executive power shall be vested in a President of the Federation of American States and, along with the Vice President, hold their offices for a term of eight years. But the President shall not be electable and their terms of office shall end at noon on the second Monday in September.

(2) Only a natural-born Citizen, a naturalized Citizen of twenty or more years, a Citizen thereof at the time of the adoption of this Constitution, or a Citizen thereof born in the United States prior to the adoption of this Constitution shall be eligible to the office of President or Vice President provided that they are between thirty-five and sixty-five years of age and when elected, be an inhabitant of this Federation.

(3) Eleven years after adoption of this Constitution a Citizen shall be a resident of this Federation for ten years before qualifying as President or Vice President.

(4) The President and Vice President shall, at stated times, receive for their services a compensation, which shall neither be increased nor diminished during the period for which they shall have been elected that Congress may, by law, set only when a new Congress is seated; and they shall not receive within that period any other emolument from this Federation, any State, or foreign power.

(5) Before he enters 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 Federation of American States, and will, to the best of my ability, preserve, protect, and defend the Constitution thereof."

Section 3.2.

(1) The President and Vice President shall be elected as follows:
-- Each State shall sign, certify, and transmit sealed the popular vote for each candidate to the President of the Senate and each State shall also 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; but no Senator or Representative or person holding an office of trust or profit under this Constitution shall be appointed an Elector;
-- 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, certify, and transmit sealed to the President of the Senate;
-- The President of the Senate shall, in the presence of the Senate and House of Representatives, first count the total popular votes of each President and Vice President candidate. The successful candidates for President and Vice President shall have received sixty percent of the popular vote and twenty-five percent of the States as voted by the Electoral College;
-- If a President cannot be chosen by election then the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and count the votes of the Electoral College; 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;
-- If a Vice President cannot be chosen by the popular vote then the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and count the votes of the Electoral College; 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 Vice President 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.

(2) The Congress may determine the time of choosing the Electors, and the day on which they shall give their votes; which day shall be the same throughout this Federation.

(3) Electors shall be bound to vote on the first tally only for the person whom they were selected for except if said person directs that his votes be cast for another, shall have died, becomes disabled, failed to qualify, or otherwise cannot execute the office of President or Vice President.

(4) If, at the time fixed for the beginning of the term of the President, the President Elect shall have died, becomes disabled, failed to qualify, or otherwise cannot execute the office of President, the Vice President Elect shall act as President until a President shall have qualified; and the Congress may, by law, provide for the case wherein neither a President Elect nor a Vice President Elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

(5) The Congress may, by law, provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.

Section 3.3.

(1) The President shall be Commander-in-Chief of the Armed Forces.

(2) The President may require the opinion, in writing, of the principle officer in each of the executive departments, upon any subject relating to the duties of their respective offices; and the President shall have the power to grant reprieves and pardons for offenses against this Federation, except in cases of impeachment or to pardon or grant reprieves to himself.

(3) The President shall have the power, by and with the advice and consent of the Senate, to make treaties, provided that two-thirds of the Senators present concur subject to the limitations provided for elsewhere in this Constitution and on the question of advising and consenting to the ratification of a treaty, the vote shall be determined by yeas and nays, and the names of the persons voting for and against shall be entered on the journal of the Senate.

(4) The President shall have the power to nominate and appoint ambassadors, Federal judges, other public ministers and consuls, and all other officers of this Federation (provided two-thirds of the Senators present concur) whose appointments are not herein otherwise provided for and which may be established by law. But the Congress may, by law, vest the appointment of such subordinate officers, as they think proper, in the President alone, in courts of law, or in the heads of departments or agencies. If on any such nomination the Senate has taken no action within thirty days of receiving the nomination the nominee may be appointed in like manner as if the Senate had approved. If the Senate adjourns during the thirty days the nominee may assume and execute the duties of his office immediately until the next election of the Congress. The President shall not have the power to make recess appointments.

(5) The President shall have the power to issue and execute executive orders, open or secret, that does not violate this Constitution, shall include a statement of the specific constitutional or statutory provision granting authority, and shall expire thirty days after the President departs office if there is not an earlier expiration date. Executive orders shall not have the force of law outside of the executive branch unless ratified by the Congress as in the same case as a bill or if said executive order is required to carry out an act of Congress.

(6) The President shall have the power to order special courts or military tribunals for trial, if warranted, of non-citizen unlawful enemy combatants, prisoners of war, or terrorists and monitor all their communications.

(7) The principal officer in each of the executive departments, and all persons connected with the diplomatic service may be removed from office at the pleasure of the President. All other civil officers of the executive departments may be removed at any time by the President, or other appointing power, when their services are unnecessary, or for dishonesty, incapacity, inefficiency, misconduct, or neglect of duty; and when so removed, the removal shall be reported to the Senate, together with the reasons therefore.

(8) The President shall, at least once a year, give to the Congress the State of the Union and recommend for their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them; and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all Federal officers.

(9) The President shall not have the power to create a law by decree nor fail to enforce any law; the power to make laws and exemptions rests exclusively with the Congress.

(10) The President, Vice President, and all judicial and civil officers of this Federation, shall be removed from office on impeachment for, and conviction of, treason, bribery, failure to enforce any law, or other high crimes and misdemeanors.

Section 3.4.

(1) In case of the removal of the President from office or his death or resignation, the Vice President shall become President.

(2) Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of the Senate. The Congress may, by law, provide for the case where this is no Vice President, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

(3) Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

(4) Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may, by law, provide for, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President. Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may, by law, provide for, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

(5) 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 is removed or a President shall be elected.

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