MADISONCENTER FOR AMERICAN LEADERSHIP
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connected.

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The constitutional text

Article II · Section 2

Select any highlighted phrase to understand what it means.

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

Source: National Constitution Center edition. Original wording is preserved; commentary explains historical and superseded provisions.

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202 elements · 219 connections · One constitutional systemOpen the reader
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Article II, section 2, clause 1 (teaching subdivision b)

Written advice from executive officers

Current text
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,

What it means

The President may require written opinions from principal officers of executive departments on matters related to their duties. The clause provides an explicit channel for informed executive decision-making.

Historical setting

The Constitution does not establish a collective executive council that shares the President’s constitutional office. Federalist 70’s defense of unity helps explain why advice can be obtained without making responsibility indistinguishably collective.

What it does

The President can demand an officer’s account within that officer’s responsibilities. The clause does not list the modern Cabinet departments or require the President to follow every opinion received.

Debate & interpretation

Written advice can expose assumptions and preserve accountability, but its value depends on whether officers provide candid information. A unified executive benefits from disagreement when the ultimate decision-maker can identify and evaluate it.

A common misreading

The Cabinet is not a constitutional board whose ordinary majority automatically overrules the President on every policy question.

Think it through

Why might requiring a written opinion produce better accountability than relying entirely on informal conversations?

Follow the connection

Sources & further reading

Original Madison Center commentary. Explanations distinguish the text, historical context, and interpretive disagreements.

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