Article II
Executive Department
Summary: The executive power is vested in a President of the Domain. The President is Commander-in-chief of all security forces of the Domain and chief executive of all administrative departments to whom they owe due diligence. With advice and consent of the Senate, he or she appoints public administrators, counsels, judges of the Supreme Court, and other officers of the Domain.
The President is required to give the Legislature information on the state of the Domain and recommend for their consideration measures believed necessary and expedient. He or she takes care that the laws are faithfully executed and commissions all officers of the Domain.
The President and other officers of the Domain may be removed from their positions of trust on impeachment and conviction for treason, bribery, accepting unauthorized gifts, or for other high crimes and misdemeanors and for dereliction of duty.
Executive power is limited to that authorized by this Constitution. No regulation or other unlawful requirement may be imposed upon the people, except during a dire emergency, and then only for a limited time.
In this and other sections, Domain is a generic term used to represent the government in point--a Nation, State, Province, County, City, or Town. Sub-domain represents a semi-autonomous region within the Domain; for example, a State is a Sub-domain of a Nation, a County or large city is a Sub-domain of a State, and so forth. President is the chief executive of the Domain; it is a generic term used to represent the president or prime minister of a nation, governor of a state, mayor of a city and so forth. Text within [brackets] is mine.
Article II, Sections
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Section II.1.
President and Vice President
Summary: The executive power is vested in a President of the Domain. Together with the Vice-president, he or she holds office for a term of four years, which may be renewed for a second term, but not to exceed ten years total. The legislature of each Sub-domain appoints two Electors, and the registered voters of each representative district vote for one Elector, who is an inhabitant of the same. No Senator or Representative or person holding an office of trust or profit under the Domain may be appointed an Elector.
II.1.1. Executive Power Vested: The Executive power shall be vested in a President of the [Domain]. . . (U.S.C. II.1.1.)
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> All administrative duties of the government are assigned to the President.
> Authority vested in a single person optimizes energy, efficiency, impartiality, accountability, and trust. On this point, Alexander Hamilton has written:
Energy in the Executive is a leading character in the definition of good government. It is essential to the protection of the community against foreign attacks; it is not less essential to the steady administration of the laws; to the protection of property against those irregular and high-handed combinations which sometimes interrupt the ordinary course of justice; to the security of liberty against the enterprises and assaults of ambition, of faction, and of anarchy. ...
The ingredients which constituted energy in the executive are unity, duration, and adequate provision for its support; . . . Decision, activity, secrecy and dispatch will generally characterize the proceedings of one man in a much more eminent degree than any greater number. (Federalist Papers, 70)
> Having more than one executive also tends to conceal faults and disguise responsibility.
> In recent years, the Administration has become so large and bureaucratic that the President cannot possibly keep abreast of everything. He or she must have trusted Bureau heads to rely on. These must be carefully chosen, vetted and approved by the Senate.
> A President who is a figurehead for another person or a clandestine cabal or power, is disallowed by this provision.
(II.1.1. Cont.): He [or she] shall hold office during the term of four years, [but not more than two terms or 10 years]; and, together with the Vice-President, chosen for the same term, be elected as follows: (Section II.1.2. below)
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> Four years is long enough for the President to learn the duties of office and function effectively, but short enough that the people can regularly review his or her service and decide whom to elect for the next term.
> If the term were too short, the President would be more tempted to pursue personal goals and have a diminished sense of duty. Conversely, if the President were dedicated and competent, a short term would derive the people of valuable service.
> A two term limitation shields the people from mistakes and extended evils committed by an incompetent or designing person.
II.1.2. Electors: [The Legislature of each Sub-domain shall appoint two Electors, and the registered voters of each legislative district shall vote for one Elector who shall be an inhabitant of the district with themselves; and, each Elector shall have one vote. Electors shall have the same qualifications as Representatives]; but no Senator or Representative, or person holding an office of trust or profit under the [Domain], shall be appointed an Elector. (U.S.C. II.1.2.)
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> This new procedure for selecting electors gives the citizens of each Representative district an independent choice on who shall represent them. Two electors selected by the Sub-domain's Legislature, represent the Sub-domain. In this way, the interests of larger and smaller Sub-domains are represented, the interests of all registered voters are represented, and the formation of power-blocs is discouraged.
> Having the registered voters of each Legislative district vote for their own Elector better represents districts with minority views, and more equitably represents the mix of opinions of the citizens than if all Electors were to vote as a bloc for a single candidate.
> Selecting the Executive entirely by the Domain Legislature, as done in some nations like when a Prime Minister is elected by Parliament, would void the separation of powers principle.
> Having two of the Electors appointed by Sub-domain Legislatures moderates somewhat the easily swayed popular vote.
> Electors are chosen from among the general population rather than a faction within the government who might conspire with its colleagues for special favors.
II.1.3. Mode of Electing the President and Vice-President: The Electors shall meet in their respective [Sub-domains], and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same [Sub-domain] 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 [Domain], 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 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 [Sub-domains], the representation from each [Sub-domain] having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the [Sub-Domains], and a majority of all [Sub-domains] shall be necessary to a choice. (U.S.C. Amend 12) 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 [Domain]. If at the time fixed for the beginning of the term of the President, the President shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of the term, or if the President elect shall have failed to qualify, then the Vice-President elect shall act as President until a President shall have qualified (U.S.C. Amend. 20.3). If, there is neither a President nor Vice President to discharge the powers and duties of the office of President, then the Speaker of the House of Representatives shall, upon his resignation as Speaker and as Representative in Congress, act as President. And if, there is no Speaker, or the Speaker fails to qualify as Acting President, then the President pro tempore of the Senate shall, upon his resignation as President pro tempore and as Senator, act as President. (3 U.S. Code, Section 19)
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> This describes the procedure for electing the President and Vice-President and gives several methods for effecting a peaceful transition of power should something happen to the President.
II.1.4. Time of Choosing Electors: The [Legislature] 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 the [Domain]. (U.S.C. II.1.4.)
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> The Electors meet on the same day for the sake of regularity and uniformity.
II.1.5. Citizenship and Age Requirements: No person except a natural born citizen of the [Domain] 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 [met the age and citizenship requirements to be determined]. (U.S.C. II.1.5.)
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> The President must be a native born fellow citizen.
> The age requirement makes it more likely he or she will be sufficiently mature.
> The citizenship requirement means the President will have lived among the people he serves for a long time, is familiar with their laws and customs, and has proved his or her loyalty.
> Larger domains require greater maturity and experience, and longer citizenship to assure loyalty.
II.1.6. Procedure in Case of Vacancy: [The Vice President shall take the place of President in case of temporary disability and succeed the President in case of vacancy.] (Skousen, The Making of America, p. 530.) 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 the [Legislature]. (U.S.C. Amend. 25, Sec. 2)
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> Amendment 25 was added to the U.S. Constitution. Only Section 2 is included here. The rest is not included due to its excessive verbiage and unnecessary provisions. There is already a procedure in place to remove an evil or incompetent President, the impeachment process. Including the rest of the text of this Amendment would give the Legislature control over the Executive, and is therefore not included.
II.1.7. President's Salary: The President shall, at stated times, receive for service, a compensation, which shall neither be increased nor diminished during the period for which he [or she] shall have been elected, and shall not receive within that period any other emolument from the [Domain or any Sub-Domain]. (U.S.C. II.1.7.)
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> The President knows in advance what his salary will be. And by setting it thusly, the Legislature cannot use bribery such as a pay increase or lavish expense account, or intimidation such as threatening to reduce salary or benefits.
> This clause protects the separation of powers. Were the President's compensation to reflect the whims of another branch or agency, it could bias his or her conduct.
> Compensation must be generous enough to cover all necessary expenses so that he is free from reliance upon outside groups or organizations.
II.1.8. Oath of Office: Before [entering on the execution of office, the President] shall take the following oath or affirmation:
I do solemnly swear (or affirm) that I will faithfully execute the office of President of [name of Domain], and will to the best of my ability, preserve, protect and defend the Constitution of [name of Domain]). (U.S.C. II.1.8.)
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> Requiring the President to take this oath is a reminder of his or her solemn promise to preserve, protect and defend the Constitution. It also assures the people that their President is committed by a sacred promise to fulfill all required duties.
> Because of this sacred trust, the President must veto all laws deemed unconstitutional, even if passed by the Legislature, and must execute all others, even if disagreeable.
Section II.2.
General Executive Powers
Summary: The President of any domain is Commander-in-chief of all security forces of the Domain, including the Civilian Military Corps when called into actual service of the Domain. He or she may require written reports from administrative heads of each executive department on any subject related to the duties of their offices. The President has power to grant reprieves and pardons for offenses against the Domain, except for impeachment cases.
The President has authority to nominate, and by and with the advice and consent of the Senate, appoint public administrators and counsels, justices of the Supreme Court, and other officers of the Domain as established by law. However, the Legislature may vest the appointment of subordinate officers in the President alone, in the courts, or in the department heads. During the Senate's recess, the President has authority to make temporary appointments which expire at the end of their next session.
II.2.1. Commander in Chief: The President shall be commander in chief of [all security forces of the Domain (U.S.C. II.2.1), and of the Civilian Military Corps of the several Sub-domains when called into actual service of the Domain]. . . .
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> The President is given command over all security forces of the Domain, including police, guard, and civilian military corps when called to service.
> A single authority is best for restraining criminal activity with speed and effect.
> Having an elected civilian in command protects the people from a military dictatorship.
> The President has command over the civilian military corps, but only that part of them called into actual service of the Domain.
The President 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 shall have power to grant reprieves and pardons for offenses against the [Domain], except in cases of impeachment.
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> The President has a right to know the detail concerning the operation of the Executive branch and all its subordinate agencies.
> Executive branch officers must demonstrate their loyalty to the President and to the Constitution and must not act without the President's knowledge and consent.
> Requiring written reports makes Department heads and other advisers cautious about giving their reports. The President is not required to accept their advice.
> The power to grant reprieves and pardons is limited to cases involving the Domain. Were it extended to offenses against a Sub-domain, it would negate the vertical separation of powers.
> There may be critical moments when a pardon may restore peace and order, and is best placed in the hands of the President.
> Special circumstances may warrant mercy. Although a man
may offend against the letter of the law, there may be mitigating circumstances.
> The President cannot pardon impeachments. An impeachment is a formal indictment brought by the House of Representatives against an officer of the executive or judicial branches.
II.2.2. Appointment of Public Officers: [The President] shall nominate, and by and with the advice and consent of the Sente, appoint public administrators and consuls, judges of the Supreme Court, and all other officers of the [Domain] whose appointments are not herein otherwise provide for, and which shall be established by law; but the [Legislature] 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. (U.S.C. II.2.2.)
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> This clause authorizes the President to choose his or her own subordinates.
> The President, acquainted closely with the needs of the executive department and critical situations that may arise, can make better and timelier appointments than the Legislature.
> Assigning responsibility for appointment to the Executive creates a clear line of authority.
> Appointment of officers by a large body, like the House or Senate, would take time, involve negotiations, discussions and debates. It would hinder the work of both legislation and execution of the laws.
> To ensure that the best candidates are selected for each position, Senatorial advice and consent are required.
> A simple majority of Senators may confirm or deny an appointment. Requiring more than a majority for confirmation would advantage the minority which could more easily prevent a confirmation.
> The Legislature may allow the President to make routine appointments and appoint lesser officers. An elaborate conformation procedure for every officer would be a waste of time. However, if lesser officers become more important in the future, the Legislature can require that the Senate give their advice and consent before such officers are installed.
II.2.3. Filling Vacancies: The President shall have the 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.
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>This clause directs the President to fill vacant positions when the Senate is not in session, ensuring that important positions are kept filled so that the government can continue to operate effectively.
> Conversely, if the government can run effectively without filling some vacant positions, perhaps those positions are not needed.
> Temporary appointments expire at the end of the next session unless confirmed by the Senate.
> Requiring Senatorial approval prevents a designing executive from appointing dishonest and scheming associates and setting up a junta or cabal.
Section II.3.
Other Powers and Duties of the President
Summary: The President shall give the Legislaure information on the state of the Domain, and recommend for their consideration measures believed necessary and expedient. For extraordinary situations, he or she may convene one or both Legislative Houses. If they disagree on adjournment and time to reassemble, the President may adjourn them to a better time. The President takes care that the laws are faithfully executed, and commissions all officers of the Domain.
II.3.1. Other Duties: The President shall from time to time give to the [Legislature] information of the state of the [Domain] and recommend for their consideration such measures as he [or she] shall judge necessary and expedient; and, 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; . . .
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> While there should be informal sharing of information between the President and the Legislature as needs arise, and the Vice-President is the President of the Senate, this clause requires formal presentations to the Legislature on the State of the Domain. This State of the Union address has usually been given annually or as needed during a time of crisis.
> The President may make recommendations to the Legislature at
any time. This does not violate the separation of powers doctrine because, although invited to consider the President's recommendations, the Legislature is not required to enact them.
> The President may convene the Legislature when there is a crisis or special need, such as calling forth the Civilian Military Corps, obtaining money for an emergency, or approve a treaty.
> Although the President may adjourn the Legislature when there is a disagreement between the Houses, he or she cannot adjourn them indefinitely. They must assemble at least annually.
and shall take care that the laws be faithfully executed; and shall commission all the officers of the Domain.
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> The laws of the land must be faithfully enforced. This is usually done by marshals in response to court orders. However, in extreme cases, the President may call upon the security forces or Civilian Military Corps to enforce them.
> Neither the Judicial Department nor anyone else can prevent the President from enforcing the laws of the Domain.
> The President must carry into effect every just law that has been passed by the Legislature. He may veto an act passed by them, but if the veto is overridden, it must be carried out. The President can neither shirk his or her responsibility to execute the law, nor execute what the law has not authorized.
> The President is directed to commission all the officers of the Domain. However, the commissioning of subordinate officers may be delegated to department heads or other designees.
Section II.4.
Executive Treason and Dereliction of Duty
Summary: All civil officers of the Domain, including the President and Vice President, may be removed from office on impeachment for, and conviction of treason, bribery, or other high crimes and misdemeanors (U.S.C. II.4.1.) including extortion, accepting, claiming, receiving, or retaining any title of nobility or honor or, without the approval of the Legislature, accepting and retaining any present, pension, office, or emolument of any kind whatsoever, from any emperor, king, prince, or foreign power, or for failure or inability to discharge the powers of their office.
II.4.1. Conditions for Impeachment: The President, Vice President, and all civil officers of the Domain shall be removed from office on impeachment for, and conviction of treason, bribery, or other high crimes and misdemeanors (U.S.C. II.4.1.), including extortion, accepting, claiming, receiving, or retaining any title of nobility or honor, or without the consent of the Legislature, accepting and retaining any present, pension, office, or emolument of any kind whatsoever, from any emperor, king, prince, or foreign power. (Original 13th Amendment, not ratified by States)
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> Impeachment extends only to officers of the Domain, not to members of the Legislature or officers of any Sub-domain.
> Impeachment is for high crimes and misdemeanors in a public capacity. Those guilty of crimes and misdemeanors against individuals may be tried and prosecuted in a court of law, like any other citizen.
> Impeachment is a procedure for removing an inept or traitorous officer, averting the need for an assassination or insurrection.
> The original 13th Amendment applied not only to officers of the United States, but to all citizens, and the penalty included loss of citizenship. As stated here its reference to all citizens has been removed. Therefore, laws would be needed to clarify the intent of this provision. For example, a distinction must be made between earned equity or interest from normal investments (legal) and gratuitous options (bribes) received in exchange for special favors to a foreign power or entity.
II.4.2. (cont.) . . . or for failure or inability to discharge the powers and duties of their office.
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> Dereliction of duty or moral weakness on the part of some executives in the United States government, whether on purpose or otherwise, has been the cause of great harm and embarrassment to the nation. Some examples are:
-- During the early 1830’s several Southern states wanted land occupied by Cherokee and other Native American nations. They allowed white settlers to encroach upon it. The Supreme Court ruled that the Indian nations were sovereign, and the Southern States had no right to assume otherwise. The Jackson administration failed to enforce the Court’s decision. The states then removed the Natives from their own land, with the loss of many lives and much suffering.
-- Mormon settlers were forcibly driven from their lands in Missouri by mobs sanctioned by the Missouri government in 1838. Appeals for redress were sent through the courts to the Missouri government, then to the United States Congress and President Van Buren. Fearing he might lose the Missouri vote, Van Buren refused to intervene in the dispute.
-- During the latter half of the 19th Century many treaties with American Indians were broken by the United States government, depriving these natives of their lands and forcing them onto reservations, many of which have poor soil, little potable water, and sparse vegetation.
-- Foreign military campaigns, prosecuted by the executive but undeclared by Congress, have cost many young lives, hundreds of thousands of civilian casualties and trillions of dollars:
**The Truman administration involved the United States in the Korean War.
**The Eisenhower administration began U. S. involvement in the Vietnam War and the Johnson administration sent ground troops.
**The Bush administration began the Afghanistan War in response to an attack on the World Trade Center. It was expanded by subsequent administrations to include hostilities against Iraq, and was poorly concluded, including a disastrous withdrawal from Afghanistan, leaving behind much equipment and broken promises.
These unsuccessful campaigns, along with other interventions in the affairs of foreign nations, have contributed to loss of respect for the United States, both at home and abroad.
** The Biden administration during 2022-2024 failed to secure the Nation’s borders, resulting in an influx of millions of illegal aliens, many of whom refuse to assimilate into American society and even protest against their host country. Drug and sex trafficking across the unsecured borders, even of children, have added to the problem.
Section II.5.
Executive Powers Limited
Summary: Limits to executive power are clarified. The power of all executive officers of the Domain is strictly limited to that authorized by this Constitution. No regulation or other unlawful requirement may be imposed upon the people, except during an emergency, and then for a limited time.
Money may be drawn from the treasury only according to law, and a regular statement of receipts and expenditures must be published from time to time.
II.5.1. Executive Orders Must be Lawful: [The President, and all other officers of the Domain shall issue no orders except as required by law. They shall make no regulation or any other unlawful requirement upon the people or Sub-domains, except as permitted by law during a time of invasion or insurrection and which shall be rescinded within two years or when the emergency has passed, whichever comes first.]
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> This new clause is written to leave no doubt as to the limits of executive authority. The President is the servant of the people and protector of their rights and freedoms. He or she cannot assume the law-making function by imposing his or her will upon them in the form of executive orders and regulations, except for a limited time during a dire emergency, and then only as permitted by law.
> Declaring a perpetual state of emergency as an excuse for
imposing executive will upon the people is unlawful and grounds for removal from office. A state of emergency should only be declared for a true emergency, such as an invasion, and only for a limited time.
> Executive authority must not run amok, such as in creating a massive governmental bureaucracy. Doing so loads a heavy burden upon the people.
> The government of a free society grows no food, builds no houses, manufactures no vehicles, provides no medicine or entertainment, generates no electricity and make no other useful products.
> The government DOES, on the other hand, perform valuable and essential services: writing laws, protecting rights, apprehending and punishing criminals, and representing the people in their dealings with other Domains or Nations.
II.5.2. Appropriations Must Be Lawful and Accounted for: No money shall be drawn from the treasury but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.
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> This is a repeat of Article I, Section 9.4. Because this requirement applies to the Executive as well as the Legislature, it is repeated here for emphasis.
Section II.6.
Additional National Executive Powers
Summary: The President of a Nation has power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senate concur. Monetary appropriations for treaties must be approved by the House of Representatives.
II.6.1. Power to Make Treaties: The President of [the Nation] shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of [all] Senators concur. . . .
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> The power to make treaties is important because it can obligate the entire Nation in matters of war, peace and commerce, and alter relations with foreign nations.
> Requiring a two-thirds vote of all Senators protects the government from being thrown into hasty or unwise agreements. It also prevents a small majority from collaborating with the President to approve a bad one.
> Treaties should be negotiated under tight security by men and women best qualified. The Senate, because of its smaller size, stability, and more experienced members, is the best Legislative body for this purpose.
> Treaties should be made for the public good. They should not be made to relinquish internal sovereignty to a world body, or to spend public money for specious purposes, or to further private ambitions, or to fill the coffers of international bankers and corporate officers.
II.6.1. (Cont.) [All monetary obligations incurred by treaties shall be approved by the House of Representatives].
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> This new clause is written to require the people's representatives to approve measures that might heavily obligate them for many years.
> It emphasizes the roll of the House in all money matters. Commercial and other treaties involving appropriations therefore must be approved by the House of Representatives.
> In practice the Legislature may give broad permission to the Executive for minor agreements, such as surveying the oceans, conducting weather and atmospheric studies or improving communications. However, on politically sensitive matters or on agreements binding the Domain, such as the sale of Domain property or making defense alliances, review and consent of the Senate are always required. And when money is involve, also the House of Representatives.