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[1]
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.
在此种通过选举人而进行的间接选举中，选民实际选举的是代表各党的选举人。多数州的选票上并不列出选举人的名单，而是标明正副总统候选人的名字。各州选举人常由候选人对应党派选出，而通常某党所派出的选举人也会将选举人票投给本党派候选人。然而也曾经有过少量选举人拒绝将选票投给本党候选人，这样的选举人被称作“失信选举人”。许多州通过立法规定选举人必须将选举人票投给本党候选人，这些州法在Chiafalo v. Washington案中得到最高法院的支持。
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（原文如此） 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（原文如此） the President. But in chusing（原文如此） 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（原文如此） from them by Ballot the Vice President.
The Congress may determine the Time of chusing（原文如此） the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.
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.
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 Vice President, 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.
The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased 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.
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."
I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.[6]
译文：
第二款：总统职权
第1节：军队司令；内阁首脑；缓刑和赦免权
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.
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.
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.
译文：总统有权委任人员填补在参议院休会期间可能出现的官员缺额，此项委任在参议院下期会议结束时满期。
第三款：总统职责
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.
据北卡罗莱纳州联邦宪法批准大会的记载，威廉·麦克莱恩（英語：William Maclaine）在会上表示忠实执行条款是“（宪法中）最好的条款之一”（英語：“one of the [Constitution's] best provisions”[12]）。“如果总统负责使法律切实执行，这将比现在大陆上的任何一个政府都做得更好。对此我可以大胆地说，我们和其他州的政府在忠实执行法律的很多方面都是毫无价值的[12]。”首任总统乔治·华盛顿将这一条款理解为他在确保联邦法律执行上有特别的责任。他曾在对威士忌暴乱商讨处理对策时表示：“我有责任看到法律得到执行：让他们被无所顾忌地任人宰割将为（我的责任）所不容。[12]”
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.
^Cf. Ritter v. United States, 677 F.2d 957 (2d. Cir. 19) 84 Ct. Cl. 293, 300 (Ct. Cl. 1936) (“从某种意义上说，参议院相当于是弹劾案的审判法庭。但是，它本质上其实是一个政治团体，其行为的重点也是出于对公众福祉的考虑。”); STAFF OF H. COMM. ON THE JUDICIARY, 93D CONG., CONSTITUTIONAL GROUNDS FOR PRESIDENTIAL IMPEACHMENT 24 (Comm. Print 1974)（“弹劾的目的并不是对个人进行惩罚，而主要是为了维持宪政程序的有效运作。”）（引文省略），reprinted in 3 LEWIS DESCHLER, DESCHLER'S PRECEDENTS OF THE UNITED STATES HOUSE OF REPRESENTATIVES, H.R. DOC. NO. 94‒661 ch. 14, app. at 2269 (1977).
