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So, what are those Article II powers that Trump claimed to have? [1]

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Date: 2022-08-15

Trump has claimed that under Article II he had unlimited power. (And he thinks he still has it) But lets look at what powers Article II grants the president:

Section 1 focuses on how a president is elected. The only presidential power it contains is that the president gets paid.

Section 2 focuses on the powers of the president. These are:

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 offenses against the United States, except in cases of impeachment.

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

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.

Section 3 has a few more powers:

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.

Section 4 is about impeachment and gives the president no powers.

Note there’s nothing about the power to declassify documents; it’s not a power inherent to the presidency. It’s purely a power granted to the president by law, and as such, declassification of documents has to be done in accordance with law. The president may be able to declassify any document, but there is no power to automatically classify documents or to declassify them mentally.

And of course, a former president has no constitutional status whatsoever. As far as the Constitution is concerned, a former president is just another citizen, with none of the powers of the President.

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[1] Url: https://www.dailykos.com/stories/2022/8/15/2116713/-So-what-are-those-Article-II-powers-that-Trump-claimed-to-have

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