Selection process




Eligibility

Article II, Section 1, Clause 5 of the Constitution sets three qualifications for holding the presidency. To serve as president, one must:

  • be a natural-born citizen of the United States;
  • be at least 35 years old;
  • be a resident in the United States for at least 14 years.

A person who meets the above qualifications would, however, still be disqualified from holding the office of president under any of the following conditions:

  • The Twenty-second Amendment prohibits the election of a person to a third term as president. The amendment also specifies that if any eligible person serves as president or acting president for more than two years of a term for which some other eligible person was elected president, that person can be elected president only once.
  • Under Article I, Section 3, Clause 7, upon conviction in impeachment cases, the Senate has the option of disqualifying convicted individuals from holding federal office, including that of president.
  • Section 3 of the Fourteenth Amendment prohibits the election of any person as president who swore an oath to support the Constitution and later rebelled against the United States. However, this disqualification can be lifted by a two-thirds vote of each house of Congress.

Campaigns and nomination

The modern presidential campaign begins before the primary elections, which the two major political parties use to clear the field of candidates before their national nominating conventions, where the most successful candidate is made the party's presidential nominee. Typically, the party's presidential candidate chooses a vice presidential nominee, and this choice is rubber-stamped by the convention. The most common previous profession of presidents is lawyer.

Nominees participate in nationally televised debates, and while the debates are usually restricted to the Democratic and Republican nominees, third party candidates may be invited, such as Ross Perot in the 1992 debates. Nominees campaign across the country to explain their views, convince voters and solicit contributions. Much of the modern electoral process is concerned with winning swing states through frequent visits and mass media advertising drives.

Election

The president is elected indirectly by the voters of each state and the District of Columbia through the Electoral College, a body of electors formed every four years for the sole purpose of electing the president and vice president to concurrent four-year terms. As prescribed by Article II, Section 1, Clause 2, each state is entitled to a number of electors equal to the size of its total delegation in both houses of Congress. Additionally, the Twenty-third Amendment provides that the District of Columbia is entitled to the number it would have if it were a state, but in no case more than that of the least populous state. Currently, all states and the District of Columbia select their electors based on a popular election. In all but two states, the party whose presidential–vice presidential ticket receives a plurality of popular votes in the state has its entire slate of elector nominees chosen as the state's electors. Maine and Nebraska deviate from this winner-take-all practice, awarding two electors to the statewide winner and one to the winner in each congressional district.

On the first Monday after the second Wednesday in December, about six weeks after the election, the electors convene in their respective state capitals (and in Washington, D.C.) to vote for president and, on a separate ballot, for vice president. They typically vote for the candidates of the party that nominated them. While there is no constitutional mandate or federal law requiring them to do so, the District of Columbia and 32 states have laws requiring that their electors vote for the candidates to whom they are pledged. The constitutionality of these laws was upheld in Chiafalo v. Washington (2020). Following the vote, each state then sends a certified record of their electoral votes to Congress. The votes of the electors are opened and counted during a joint session of Congress, held in the first week of January. If a candidate has received an absolute majority of electoral votes for president (currently 270 of 538), that person is declared the winner. Otherwise, the House of Representatives must meet to elect a president using a contingent election procedure in which representatives, voting by state delegation, with each state casting a single vote, choose between the top three electoral vote-getters for president. For a candidate to win, he or she must receive the votes of an absolute majority of states (currently 26 of 50).

There have been two contingent presidential elections in the nation's history. A 73–73 electoral vote tie between Thomas Jefferson and fellow Democratic-Republican Aaron Burr in the election of 1800 necessitated the first. Conducted under the original procedure established by Article II, Section 1, Clause 3 of the Constitution, which stipulates that if two or three persons received a majority vote and an equal vote, the House of Representatives would choose one of them for president; the runner-up would become vice president. On February 17, 1801, Jefferson was elected president on the 36th ballot, and Burr elected vice president. Afterward, the system was overhauled through the Twelfth Amendment in time to be used in the 1804 election. A quarter-century later, the choice for president again devolved to the House when no candidate won an absolute majority of electoral votes (131 of 261) in the election of 1824. Under the Twelfth Amendment, the House was required to choose a president from among the top three electoral vote recipients: Andrew Jackson, John Quincy Adams, and William H. Crawford. Held February 9, 1825, this second and most recent contingent election resulted in John Quincy Adams being elected president on the first ballot.

Inauguration

Pursuant to the Twentieth Amendment, the four-year term of office for both the president and the vice president begins at noon on January 20. The first presidential and vice presidential terms to begin on this date, known as Inauguration Day, were the second terms of President Franklin D. Roosevelt and Vice President John Nance Garner in 1937. Previously, Inauguration Day was on March 4. As a result of the date change, the first term (1933–37) of both men had been shortened by 43 days.

Before executing the powers of the office, a president is required to recite the presidential Oath of Office, found in Article II, Section 1, Clause 8 of the Constitution. This is the only component in the inauguration ceremony mandated by the Constitution:

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.

Presidents have traditionally placed one hand upon a Bible while taking the oath, and have added "So help me God" to the end of the oath. Although the oath may be administered by any person authorized by law to administer oaths, presidents are traditionally sworn in by the chief justice of the United States.

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