Article V (5) of the Constitution of the Nation of Pacifica

Executive Branch

Google

return to Nation of Pacifica home page

Article V (5) of the Constitution of the Nation of Pacifica

Executive

    Commmentary: Article V (5) establishes the executive branch of government. Three equal branches of government serve as a check and balance on power. The executive branch is led by a President and Vice President, but several additional elective officers serve as a check and balance on the power of the President.

    See table of chiefs of state and heads of government.

    [Documment Quotations:] Quoations in light gray from source documents are for reference only annd are not part of the Constitution of the Nation of Pacifica.

    This Constitution is a work in progress. To make comments, send e-mail to contact00@nationofpacifica.com.

Article V (5): Executive

Section 1. [President]

    Clause 1: The executive power shall be vested in a President of the Nation of Pacifica. He or she shall hold his or her office during the term of four years, and, together with the Vice President, chosen for the same term, be elected by the people of the Nation of Pacifica.

    [Constitution of the United States of America, Article II, Section 1, Clause 1:] The executive Power shall be vested in a President of the United States of America. 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

    [Constitution of the United States of America, Article II, Section 1, Clause 2:] 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: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

    [Constitution of the United States of America, Article II, Section 1, Clause 3:] 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. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; 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. 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 shall be the President, if such Number be a Majority of the whole Number of Electors appointed; 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 chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing 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. 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. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.

    [Constitution of the United States of America, Amendment XII:] 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 the case of the death or other constitutional disability of the President. 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.

    Clause 2: No person shall be elected to the office of the President more than twice consecutively, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once in immediate succession.

    [Constitution of the United States of America, Amendment XXII, Section 1:] No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this article shall not apply to any person holding the office of President when this article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this article becomes operative from holding the office of President or acting as President during the remainder of such term.

    [Constitution of the United States of America, Amendment XXII, Section 2:] This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several states within seven years from the date of its submission to the states by the Congress.

    Clause 3: The Congress may determine the time of voting for President and Vice President; which day shall be the same throughout the Nation of Pacifica.

    [Constitution of the United States of America, Article II, Section 1, Clause 4:] The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

    Clause 4: No person except a natural born citizen, or a citizen of the Nation of Pacifica, at the time of the adoption of this Constitution, or a citizen of a newly admitted state to the Nation of Pacifica, at the time of admission, shall be eligible to the office of President; 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 Nation of Pacifica or any state.

    [Constitution of the United States of America, Article II, Section 1, Clause 5:] 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; 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.

    Clause 5: In case of the removal of the President from office, or of his or her death, resignation, or Inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President, and the Senate may 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.

    [Constitution of the United States of America, Article II, Section 1, Clause 6:] 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 VicePresident, 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.

    [Constitution of the United States of America, Amendment XXV, Section 1:] In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

    Clause 6: Whenever the President transmits to the Premier 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 or her office, and until he or she transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

    [Constitution of the United States of America, Amendment XXV, Section 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.

    Clause 7: Whenever the Vice President and a majority of the elected executive officers of the executive department, or a majority of the Senate, or a majority of such other body as Congress may by law provide, transmit to the Premier 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 or her office, the Vice President shall immediately assume the powers and duties of the office as Acting President. Thereafter, when the President transmits to the Premier of the Senate and the Speaker of the House of Representatives his or her written declaration that no inability exists, he or she shall resume the powers and duties of his or her office unless the Vice President and a majority of the elected executive officers of the executive department, or a majority the Seante, or a majority of such other body as Congress may by law provide, transmit within four days to the Premier 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 or her 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 or her office.

    [Constitution of the United States of America, Amendment XXV, Section 4, Clause 1:] 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, 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.

    [Constitution of the United States of America, Amendment XXV, Section 4, Clause 2:] 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 department or of such other body as Congress may by law provide, 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.

    Clause 8: The President shall, at stated times, receive for his or her services, a compensation, which shall neither be increased nor diminished during the period for which he or she shall have been elected, and he or she shall not receive within that period any other emolument from the Nation of Pacifica, or any of the states.

    [Constitution of the United States of America, Article II, Section 1, Clause 7:] The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased 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.

    Clause 9: The terms of the President, Vice President, and other elected executive officers shall end at noon on the 20th day of January, and the terms of their successors shall then begin.

    [Constitution of the United States of America, Amendment XX, Section 1:] The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

    Clause 10: Before he enter on the execution of his or her office, he or she shall take the following oath or affirmation:—“I do solemnly swear (or affirm) that I will faithfully execute the office of President of the Nation of Pacifica, and will to the best of my ability, preserve, protect, and defend the Constitution of the Nation of Pacifica.”

    [Constitution of the United States of America, Article II, Section 1, Clause 8:] 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.”

Section 2. [powers and duties of President]

    Clause 1: The President shall be Commander in Chief of the armed services of the Nation of Pacifica, and of the militia of the several states, when called into the actual service of the Nation of Pacifica; he or she may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he or she shall have power to grant reprieves and pardons for offences against the Nation of Pacifica, except in cases of impeachment.

    [Constitution of the United States of America, Article II, Section 2, Clause 1:] The President shall be 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; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

    Clause 2: The President 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 or she shall nominate, and by and with the advice and consent of the Senate, shall appoint public ministers and consuls, judges of the Supreme Court, and all other officers of the Nation of Pacifica, 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.

    [Constitution of the United States of America, Article II, Section 2, Clause 2:] 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.

    Clause 3: The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.

    [Constitution of the United States of America, Article II, Section 2, Clause 3:] The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

    Clause 4: The President shall from time to time give to the Congress information of the State of the Union, and recommend to their consideration such measures as he or she shall judge necessary and expedient; he or she 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 or she may adjourn them to such time as he or she shall think proper; he or she shall receive Ambassadors and other public Ministers; he or she shall take care that the laws be faithfully executed, and shall commission all the officers of the Nation of Pacifica.

    [Constitution of the United States of America, Article II, Section 3:] He shall from time to time give to the Congress Information of the State of the Union, and recommend to 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 the Officers of the United States.

    [Constitution of the United States of America, Article II, Section 4:] The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Section 3. [Vice President]

    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 both Houses of Congress.

    [Constitution of the United States of America, Amendment XXV, Section 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 both Houses of Congress.

    [Constitution of the United States of America, Article I, Section 3, Clause 4:] The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

    [Constitution of the United States of America, Article I, Section 3, Clause 5:] The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.

Section 4. [Chancellors]

    Clause 1: The people shall elect Chancellors to ten year terms. Each Chancellor is head of his or her respective executive department or departments.

    Clause 2: The Chancellors shall be elected on the following staggered schedule:

    Clause 3: The Senate may add, delete, merge, or split Chancellor positions by two thirds vote. Any such changes do not take effect until the next annual election.

    Clause 4: The President shall set overall and interdepartment policy and shall arbitrate all disputes between Chancellors.

    Clause 5: The President (or Vice President if the President is unavailable) shall meet at least one a week with the Vice President and all Chancellors (or Deputy Chancellors when the Chancellor is unavailable) and any additional executive officers the Senate or President shall require.

    Clause 6: The President shall appoint, with the advice and consent of the Senate, all Deputy Chancellors.

Google

return to Nation of Pacifica home page

This Constitution is a work in progress. To make comments, send e-mail to contact00@nationofpacifica.com.