Will Huntsberry of the Voice of San Diego has covered the scandals blighting California’s Charter Industry, especially the A3 online scandal, the largest in American history.

In this article, he goes straight to the heart of the scandals: the flawed audit process.

California lawmakers created a system that places just one process at the forefront of detecting fraud and mismanagement in the state’s schools: a yearly audit, conducted by a “state-approved,” “independent” auditor, according to the Department of Education.

But these auditors are not independent, in so much as they are hired and fired at will by the schools they are auditing. The term state-approved is also something of a misnomer. To qualify as an approved firm, the State Controller’s Office must only verify that the potential auditors are accountants in good standing with the California Board of Accountancy.

No special training or vetting required.

The audits themselves are also not designed to dig deeply into a school’s finances, according to transcripts from a grand jury proceeding into an alleged $80 million charter scam obtained by Voice of San Diego.

A3 Education operated 19 online charter schools around the state. The schools enrolled thousands of students, some real and some fake, prosecutors say. Two men at the top of the alleged scheme funneled $80 million out of the public education system and into companies they controlled, prosecutors say.

Even though few other people ever existed on the companies’ payrolls besides the owners, auditors following standard procedures missed that part of the alleged scam, as well as others, according to the grand jury transcripts.

“They’re not designed to catch fraud at all,” Michael Fine, who runs a state fiscal watchdog agency called the Fiscal Crisis Management and Assistance Team, told Voice of San Diego. “To have a certain confidence level in the numbers, they do some testing of transactions. But that testing is fairly limited.”

Fine said there’s another critical element that could limit the auditors’ effectiveness: They rely on what school management teams show them, rather than getting much behind the numbers.

That makes no sense. Ask the folks in charge of a massive scam to show you the numbers they choose to show.

California and charter fraud are becoming synonymous.

 

Two new charter schools in Utah have been warned that they may have to close by the end of the year, due to low enrollments.

The Utah State Charter School Board voted Thursday morning to begin the process of closing two financially troubled charter schools.

St. George Academy in Washington County and Capstone Classical Academy in Pleasant View are now on a watch list and have 14 days to ask for a meeting to appeal the charter school board’s decision.

Both schools are less than two years old. Capstone said they planned on having 500 students enrolled by this year, but the school struggled to recruit students and, as of Thursday, only had 177 students signed up.

The school gets money from the state for each student enrolled. The lack of bodies in the school means the state charter school board fears the school could be as much as $450,000 in the hole by the end of the year.

If the schools fail to convince the charter school board to allow them to stay open, they will be the second and third charter schools to be closed in the past two years.

 

Jan Resseger is a profound thinker and a clear writer. I love reading what she writes. Jan is one of the Resistance leaders in my new book SLAYING GOLIATH: THE PASSIONATE RESISTANCE TO PRIVATIZATION AND THE FIGHT TO SAVE AMERICA’S PUBLIC SCHOOLS.

In this post, she explains to Democratic candidates why they should not waffle in their support for public schools.

Her explanation is a rallying cry for educators and parents. Print it out and pin it on the bulletin board next to your computer or tape it to your filing cabinet. Read it over and think about it.

She writes:

Here are my seven reasons for believing Democrats running for President ought to express strong support for public schools and opposition to charter schools:

First:   The scale of the provision of K-12 education across our nation can best be achieved by the systemic, public provision of schools.  Rewarding social entrepreneurship in the startup of one charter school at a time cannot possibly serve the needs of the mass of our children and adolescents. In a new, September 2019 enrollment summary, the National Center for Education Statistics reports: “Between around 2000 and 2016, traditional public school, public charter school, and homeschool enrollment increased, while private school enrollment decreased… Traditional public school enrollment increased to 47.3 million (1 percent increase), charter school enrollment grew to 3.0 million students (from 0.4 million), and the number of homeschooled students nearly doubled to 1.7 million. Private school enrollment fell 4 percent, to 5.8 million students.”

Second:   Public schools are our society’s most important civic institution. Public schools are not perfect, but they are the optimal way for our very complex society to balance the needs of each particular child and family with a system that secures the rights and addresses the needs of all children. Because public schools are responsible to the public, it is possible through elected school boards, open meetings, transparent record keeping and redress through the courts to ensure that traditional public schools provide access for all children. While our society has not fully realized justice for every child in the public schools, it is by striving systemically to improve access and opportunity in the public schools that we have the best chance of securing the rights of all children.

Third:   Charter schools are parasites sucking essential dollars from the public school districts where they are located. The political economist Gordon Lafer explains that the expansion of charter schools cannot possibly be revenue neutral for the host school district losing students to charter schools: “To the casual observer, it may not be obvious why charter schools should create any net costs at all for their home districts. To grasp why they do, it is necessary to understand the structural differences between the challenge of operating a single school—or even a local chain of schools—and that of a district-wide system operating tens or hundreds of schools and charged with the legal responsibility to serve all students in the community.  When a new charter school opens, it typically fills its classrooms by drawing students away from existing schools in the district…  If, for instance, a given school loses five percent of its student body—and that loss is spread across multiple grade levels, the school may be unable to lay off even a single teacher… Plus, the costs of maintaining school buildings cannot be reduced…. Unless the enrollment falloff is so steep as to force school closures, the expense of heating and cooling schools, running cafeterias, maintaining digital and wireless technologies, and paving parking lots—all of this is unchanged by modest declines in enrollment. In addition, both individual schools and school districts bear significant administrative responsibilities that cannot be cut in response to falling enrollment. These include planning bus routes and operating transportation systems; developing and auditing budgets; managing teacher training and employee benefits; applying for grants and certifying compliance with federal and state regulations; and the everyday work of principals, librarians and guidance counselors.” “If a school district anywhere in the country—in the absence of charter schools—announced that it wanted to create a second system-within-a-system, with a new set of schools whose number, size, specialization, budget, and geographic locations would not be coordinated with the existing school system, we would regard this as the poster child of government inefficiency and a waste of tax dollars. But this is indeed how the charter school system functions.”

Fourth:   While some predicted the expansion of charter schools would improve academic achievement on a broad scale, children in traditional public schools and charter schools perform about the same.  According to the new report from the National Center for Education Statistics, “Academic Performance: In 2017, at grades 4 and 8, no measurable differences in average reading and mathematics scores on the National Assessment of Educational Progress (NAEP) were observed between students in traditional public and public charter schools.”

Fifth:   Opposing for-profit charter schools misses the point.  In most states, charter schools themselves must be nonprofits, but the nonprofit boards of directors of these schools may hire a for-profit management company to operate the school. Two of the most notorious examples of the ripoffs of tax dollars in nonprofit (managed-for-profit) charter schools were in my state, Ohio. The late David Brennan, the father of Ohio charter schools, set up sweeps contracts with the nonprofit schools managed by his for-profit White Hat Management Company.  The boards of these schools—frequently people with ties to Brennan and his operations—turned over to White Hat Management more than 90 percent of the dollars awarded by the state to the nonprofit charters. These were secret deals. Neither the public nor the members of the nonprofit charter school boards of directors could know how the money was spent; nor did they know how much profit Brennan’s for-profit raked off the top. Then there was Bill Lager, the founder of Ohio’s infamous Electronic Classroom of Tomorrow—technically a nonprofit.  All management of the online charter school and the design and provision of its curriculum were turned over to Lager’s privately owned, for-profit companies—Altair Management and IQ Innovations. ECOT was shut down in 2018 for charging the state for thousands of students who were not really enrolled. The state of Ohio is still in court trying to recover even a tiny percentage of Lager’s lavish profits.

Sixth:   Malfeasance, corruption, and poor performance plague charter schools across the states. Because charter schools were established by state law across the 45 states where charters operate, and because much of the state charter school enabling legislation featured innovation and experimentation and neglected oversight, the scandals fill local newspapers. The Network for Public Education tracks the myriad examples of outrageous fraud and mismanagement by charter schools.  Because neoliberal ideologues and the entrepreneurs in the for-profit charter management companies regularly donate generously to the political coffers of state legislators—the very people responsible for passing laws to regulate this out-of-control sector, adequate oversight has proven impossible.

Seventh:   The federal Charter Schools Program should be shut down immediately. Here is a brief review of the Network for Public Education’s findings in last spring’s Asleep at the Wheel report.  A series of federal administrations—Clinton, Bush, Obama, and Trump have treated the federal Charter Schools Program (part of the Office of Innovation and Improvement in the U.S. Department of Education) as a kind of venture capital fund created and administered to stimulate social entrepreneurship—by individuals or big nonprofits or huge for-profits—as a substitute for public operation of the public schools. Since the program’s inception in 1994, the federal Charter Schools Program (CSP) has awarded $4 billion in federal tax dollars to start up or expand charter schools across 44 states and the District of Columbia, and has provided some of the funding for 40 percent of all the charter schools across the country. The CSP has lacked oversight since the beginning, and during the Obama and Trump administrations—when the Department of Education’s own Office of Inspector General released a series of scathing critiques of the program—grants have been made based on the application alone with little attempt by officials in the Department of Education to verify the information provided by applicants. The Network for Public Education found that the CSP has spent over a $1 billion on schools that never opened or were opened and subsequently shut down: “The CSP’s own analysis from 2006-2014 of its direct and state pass-through funded programs found that nearly one out of three awardees were not currently in operation by the end of 2015.”

Last June in The American Prospect, Robert Kuttner defined the political philosophy known as neoliberalism and showed how this kind of thinking has driven privatization across many sectors previously operated, for the public good, by government: “Since the late 1970s. we’ve had a grand experiment to test the claim that free markets really do work best… (I)n the 1970s, libertarian economic theory got another turn at bat…  Neoliberalism’s premise is that free markets can regulate themselves; that government is inherently incompetent, captive to special interests, and an intrusion on the efficiency of the market; that in distributive terms, market outcomes are basically deserved; and that redistribution creates perverse incentives by punishing the economy’s winners and rewarding its losers. So government should get out of the market’s way.”

For three decades, neoliberalism has reigned in education policy. The introduction of the neoliberal ideal of competition—supposedly to drive school improvement—through vouchers for private school tuition and in the expansion of charter schools has become acceptable to members of both political parties.

The late political philosopher Benjamin Barber explains elegantly and precisely what is wrong with neoliberal thinking in general. I think his words apply directly to what has been happening as charter schools have been expanded to more and more states. The candidates running for President who prefer to waffle on the advisability of school privatization via charter schools ought to consider Barber’s analysis:

“Privatization is a kind of reverse social contract: it dissolves the bonds that tie us together into free communities and democratic republics. It puts us back in the state of nature where we possess a natural right to get whatever we can on our own, but at the same time lose any real ability to secure that to which we have a right. Private choices rest on individual power… personal skills… and personal luck.  Public choices rest on civic rights and common responsibilities, and presume equal rights for all.  Public liberty is what the power of common endeavor establishes, and hence presupposes that we have constituted ourselves as public citizens by opting into the social contract. With privatization, we are seduced back into the state of nature by the lure of private liberty and particular interest; but what we experience in the end is an environment in which the strong dominate the weak… the very dilemma which the original social contract was intended to address.” (Consumed, pp. 143-144)

 

 

Charles Foster Johnson, executive director of Pastors for Texas Children, delivered a powerful lecture at Baylor University on the importance of public schooling. 

PTC has been an important advocate on behalf of public schools in several states. It has led the successful effort to block voucher legislation in Texas by forging a coalition of urban Democrats and rural Republicans.

An account of the lecture said:

Public schools in the United States offer the “meeting place for widening diversity” where students learn to live with others who hold different views, a Baptist preacher and advocate for public education told a Baylor University gathering.

Charles Foster Johnson, executive director of Pastors for Texas Children, addressed “Religious Liberty, the Public School and the Soul of America” at the G. Hugh and Beverly C. Wamble Symposium, presented by Baylor’s J.M. Dawson Institute for Church-State Studies.

“I contend that public schools are the proving ground for religious liberty and church-state separation,” Johnson asserted.

In public school classrooms, students learn that their own religious beliefs are not to be given preference over the beliefs of their classmates, nor are their classmates beliefs to be preferred above their own, he said.

In an increasingly pluralistic society, understanding and honoring religious liberty may be more important than ever, he stressed.

“Our neighbor of another faith is right next to us now. … We share this absurdly small space called planet Earth, and we’ve got to learn to love each other,” said Johnson, former pastor of Trinity Baptist Church in San Antonio and Second Baptist Church in Lubbock. “One of the ways we do that is to accord every human being the freedom to follow God by the mandate of conscience.”

He decried any attempt to coerce compliance to any religion or compel religious expression.

“All faith in God is voluntary. If it is not voluntary, it is not faith,” he said.

 

 

Peter Greene took a look at New York City’s decision to go into a public-private partnership with well-known Corporate Reform groups and asked whether the Reformers were helping out or the City was selling out. 

After a fruitless pursuit of “innovation” for 20 years, Mayor DeBlasio has turned to two organizations that have no track record of success.

He writes:

Last week the de Blasio administration announced that New York City schools will be entering into a public-private partnership to create 40 schools. Twenty will be brand new, while 20 will be transformed versions of existing schools, and all will be the result of a competition of school designers in the Imagine Schools NYC Challenge.

The partners in this undertaking are not new to the education reform business. The Robin Hood Foundation will put in $5 million to set up ten new schools. The foundation was launched by hedge fund managers; Fortune called them “a pioneer in what is now called venture philanthropy.” Their board shares memberswith boards of charter schools in New York. The other player in this initiative is the XQ Institute, an organization co-founded by Laurene Powell Jobs. The press release calls XQ “a national leader in transformational high school design,” and the institute has certainly maintained a high profile, most notably in 2017 when it bought time on four television networks to broadcast a flashy special about education. That special boosted the Super Schools competition, a contest in which XQ looked to give away nearly $100 million to ten schools, but many of the winners encountered problems even getting their schools open. XQ has been at the business of “reinventing school” for a while, but it doesn’t have much to show for its efforts.

What are some quick takeaways from this announcement?

First, it’s awfully cheap.

The private side of this partnership has put up $15 million for a plan to open or re-imagine forty schools. XQ has previously put up $10 million per school. This is peanuts, and not nearly enough money to get a new school off the ground. The press release saysthe program will launch with $32 million (so, $17 million from the city), but that is still less than one million dollars per school.

If I were a New York taxpayer, I’d want to know where the money will be coming from once this initial funding runs out. If I were a parent, I’d be worrying about whether or not the funding will come from my child’s school.

He added:

This is a slap at public education.

“This is a big endorsement of public education in New York City,” said de Blasio, according to the New York Times. That’s hard to see. A big endorsement of public education might have been to turn to the people in public education to head up this initiative. There are thousands of public school educators and education leaders in New York, and dozens of college programs invested in the public education system. But instead of turning to any of them, the mayor has brought in some rich amateurs to help him find a big fix.

No, Mr. Mayor. Turning 40 schools overto Laurene Powell Jobs, who knows zip about education, and the Robin Hood Foundation, which has raised millions for Eva Moskowitz’s Success Academy charter chain and other charter operators, is definitely not an endorsement of public education. It is a slap in the face to the city’s thousands of experienced, dedicated educators.

 

 

 

California is paying a high price for its notoriously lax law for authorizing charter schools, which was revised in recent weeks.

Tom Ultican sees a striking similarity between the Inspire charter chain, which enrolls home schoolers, and the A3 chain, which went up in flames with a loss to taxpayers of at least $50 million.

Inspire Charter School mirrors the methods of A3 Education. It employs practices strikingly similar to those that led to May’s 67-count indictment against A3’s leaders. Furthermore, the California Charter School Association (CCSA) took the same unusual step of sharing concerns about Inspire and A3 with California authorities. They are virtual schools that concentrate on obtaining authorization from small school districts. These systems have a similar structure in which a central organization controls the schools that are contracting with it and they transfer funds among multiple organizations making it difficult to monitor their activities. Students at both Inspire and A3 struggle academically.

The Acton-Aqua Dulce Unified School District is infamous for authorizing suspect charter applications while not having the resources to adequately monitor those schools. It has 1085 public school students and 14,734 charter school students. Acton-Aqua Dulce authorized Inspire’s first charter school which was located in Los Angeles County. Strangely, Inspire Charter grew from 151 students in the 2014-15 school year to 4,321 students in the 2018-19 school year and then closed up shop this June 30th.

Founder Nick Nichols needed a program that would service his target audience of home school students.  The Inspire 2016 tax form shows that he purchased curriculum from Academic Arts and Action for $149,625. This is notable because the chairman of Academic Arts and Action was Jason Schrock and the President was Sean McManus. That is the same Schrock and McManus indicted in the A3 scandal.

The education writer for the San Diego Union Tribune (UT), Kristen Taketa, has been relentlessly pursuing the Inspire story. She explains one of the the charters selling points,

“Inspire parents have been able to spend state-provided money on expenses they say are educational, from Disneyland annual passes to private ice skating coaching. The list of places where Inspire parents could spend school funds has included Costco, Amazon, Big Air Trampoline Park, Medieval Times, Guitar Center and the DNA testing company 23 and Me, according to Inspire’s list of approved vendors.”

Inspire provides each parent $2600 to $3000 to spend on field trips and other educational resources.

Last year Nick Nichols oversaw nine schools with 23,300 total students. In the 2016-17 school year, Inspire took in $76,018,441 yet their debt was skyrocketing. Their pay for officers went from $65,318 for the 2014-15 school year to $2,011,898 in the 2016-17 school year. Nick Nichols did especially well.

Inspire Income-Debt-Wages-Table

Data from Inspire Tax Documents

The UT’s Taketa reports, “Inspire expects to pull in $285 million in state funding this school year.”

Inspire just secured another $50,000,000 loan from the California School Finance Authority. With booming student daily attendance income and large financial backing from the state, it is strange that Nick Nichols chose now to take a temporary leave of absence. Former Mount Diablo Superintendent and Inspire’s chief operating officer, Steven Lawrence, is taking over as executive director.

As Ultican shows, Inspire’s students have very poor academic results.

How much longer will this charade continue with state money? Will someone wake up the taxpayer’s and legislators?

A new movie will be released in a few days, telling the story of the D.C. voucher program.

The movie is called Miss Virginia, and the purpose of the movie is to persuade movie goers to love the idea of vouchers as a way to escape their”failing” public schools.

This is a bit reminiscent of the movie called “Won’t Back Down,” that was supposed to sell the miracle of charter schools. It had two Hollywood stars, it opened in 2,500 movie theaters, and within a month it had disappeared. Gone and forgotten. No one wanted to see it.

Mercedes Schneider doesn’t review the movie. Instead she reviews the dismal failure of the D.C. Opportunity Scholarship Program [sic].

She guesses that  movie won’t mention any of the abysmal evaluations of the D.C. voucher program.

Surely, Miss Virginia thought she was helping her children by encouraging Vouchers. She made the mistake of trusting the rich white men like the Koch brothers, the Waltons, and Milton Friedman.

As Schneider shows, the D.C. voucher program is regularly evaluated, and the results are not pretty.

DC VOUCHERS HAD NO IMPACT ON STUDENT ACADEMIC ACHIEVEMENT

  • There were no statistically significant impacts on either reading or mathematics achievement for students who received vouchers or used vouchers three years after applying to the program.

  • The lack of impact on student academic achievement applied to each of the study’s eight subgroups of students: (1) students attending schools in need of improvement when they applied, (2) students not attending schools in need of improvement when they applied, (3) students entering elementary grades when they applied, (4) students entering secondary grades when they applied, (5) students scoring above the median in reading at the time of application, (6) students below the median in reading at the time of application, (7) students scoring above the median in mathematics at the time of application, and (8) students below the median in mathematics at the time of application.


DC VOUCHERS DO NOT PROVIDE GREATER PARENTAL SATISFACTION

  • The program had no statistically significant impact on parents’ satisfaction with the school their child attended after three years.

  • The program had a statistically significant impact on students’ satisfaction with their school only for one subgroup of students (those with reading scores above the median), and no statistically significant impact for any other subgroup.


DC VOUCHERS DO NOT PROVIDE A GREATER SENSE OF SCHOOL SAFETY FOR PARENTS

  • The program had no statistically significant impact on parents’ perceptions of safety for the school their child attended after three years.


DC VOUCHERS DO NOT INCREASE PARENTAL INVOLVEMENT

  • The program had no statistically significant impact on parents’ involvement with their child’s education at school or at home after three years.


DC VOUCHERS DO NOT PROVIDE MORE CLASSROOM INSTRUCTION TIME OR SCHOOL-WIDE RESOURCES

  • The study found that students who received a voucher on average were provided 1.7 hours less of instruction time a week in both reading and math than students who did not receive vouchers.

  • The study found that students who received a voucher had less access to programming for students with learning disabilities and for students who are English Language Learners than students who did not receive vouchers.

  • The study also found that students who received vouchers had fewer school safety measures in place at their schools than students who did not receive vouchers.


DC VOUCHER SCHOOLS ARE PREDOMINANTLY RELIGIOUS AND THE VAST MAJORITY CHARGE TUITION ABOVE THE VOUCHER AMOUNT

  • The study found that 62% of the schools participating in the voucher program from 2013-2016, were religiously affiliated.

  • The study found that 70% of the schools participating in the voucher program from 2013-2016 had published tuition rates above the maximum amount of the voucher. Among those schools, the average difference between the maximum voucher amount and the tuition was $13,310.


MANY STUDENTS REJECT THE VOUCHER OR LEAVE THE PROGRAM

  • The study found that three years after applying to the voucher program, less than half (49%) of the students who received vouchers used them to attend a private school for the full three years.

  • The study also found that 20% of students stopped using the voucher after one year and returned to public school, and 22% of students who received vouchers did not use them at all.

This is a very provocative post by Teacher Ken Bernstein, who blogs at Daily Kos.

Ken has been teaching government for decades. When he muses about Trump, it’s worth reading.

Lots of executive time for watching FOX News and tweeting. Lunch with lackeys. Plenty of time for golf. His favorite lunch Partners: Pence and Pompeo. Will they discuss the slaughter of our Kurdish allies? Probably not.  Not important to the Stable Genius, he with “unmatched wisdom.”

 

SNEAK PEEK … THE PRESIDENT’S WEEK AHEAD … Tuesday: THE PRESIDENT will have lunch with VP Mike Pence and will meet with the St. Louis Blues, which won the Stanley Cup. The president will also meet with Defense Secretary MARK ESPER. Wednesday: PRESIDENT TRUMP will host the president of Italy, and the two will hold a news conference. He will also have lunch with Secretary of State MIKE POMPEO. TRUMP will speak at an “Italian-American reception.”

Thursday: THE PRESIDENT will travel to Texas. He will participate in a roundtable and speak at a luncheon in Fort Worth. He will visit and cut an opening ribbon at the Louis Vuitton-Rochambeau Workshop in Johnson County, Texas. And he’ll hold a rally in Dallas.

This is a good time to teach the U.S. Constitution.

Trump has often said that, as president, he can do whatever he wants. He believes he is above the law. He has said that Article 2 of the Constitution assures him complete immunity from any prosecution. In addition, his lawyers asserted in a case in New York that he cannot even be investigated for breaking the law, and that this immunity shields not only him, but his family, his business, and his associates in business.

Trump says that Article 2 gives him “absolute” power and total immunity from investigation or prosecution.

Here is the totality of Article 2, describing the role and powers of the President.

Section 1.

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:

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.

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 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 the President. But in chusing the President, the Votes shall be taken by States, the Representatives 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 from them by Ballot the Vice President.

The Congress may determine the Time of chusing 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 encreased 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.”

Section 2.

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 Offences 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.

Section 3.

He shall from time to time give to the Congress Information on 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.

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.

I can’t find any language in Article 2 that gives the president immunity from investigation or prosecution or that allows him to do “whatever he wants.” The purpose of the Constitution is to assure that no individual or branch of government has the unlimited powers of a monarch.