Can the President Run Again After 2 Terms

1951 amendment limiting presidents to two terms

The Xx-2nd Amendment (Subpoena XXII) to the United States Constitution limits the number of times a person is eligible for election to the office of President of the U.s. to two, and sets additional eligibility conditions for presidents who succeed to the unexpired terms of their predecessors.^[1]

Until the subpoena's ratification, the president had not been subject to term limits, but George Washington had established a ii-term tradition that many other presidents followed. But in the 1940 and 1944 presidential elections, Franklin D. Roosevelt became the first president to win third and fourth terms, giving rise to concerns about a president serving unlimited terms. After Roosevelt's 1945 death, Republicans and conservative Democrats were swept into Congress in the 1946 elections and were in position to propose an subpoena restricting the number of presidential terms.^[ii] Congress approved the 20-second Subpoena on March 21, 1947, and submitted information technology to the land legislatures for ratification. That process was completed on Feb 27, 1951, when the requisite 36 of the 48 states had ratified the subpoena (neither Alaska nor Hawaii had yet been admitted as states), and its provisions came into forcefulness on that date.

The subpoena prohibits anyone who has been elected president twice from being elected again. Under the subpoena, someone who fills an unexpired presidential term lasting more than two years is likewise prohibited from being elected president more than once. Scholars fence whether the amendment prohibits affected individuals from succeeding to the presidency under any circumstances or whether information technology applies only to presidential elections.

Text [edit]

Department i. No person shall be elected to the part of the President more than than twice, and no person who has held the part of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than than once. But this Commodity shall not apply to whatsoever person belongings the function of President when this Article was proposed past the Congress, and shall not prevent whatever person who may exist holding the office of President, or interim as President, during the term inside which this Article becomes operative from holding the office of President or acting equally President during the residuum of such term.

Section ii. This Article shall be inoperative unless information technology shall have been ratified as an subpoena to the Constitution by the legislatures of iii-fourths of the several states within seven years from the date of its submission to the states by the Congress.^[three]

Background [edit]

The Twenty-second Amendment was a reaction to Franklin D. Roosevelt'south election to an unprecedented four terms as president, just presidential term limits had long been debated in American politics. Delegates to the Constitutional Convention of 1787 considered the issue extensively (alongside broader questions, such as who would elect the president, and the president's role). Many, including Alexander Hamilton and James Madison, supported lifetime tenure for presidents, while others favored fixed terms. Virginia'south George Stonemason denounced the life-tenure proposal as tantamount to constituent monarchy.^[4] An early typhoon of the U.S. Constitution provided that the president was restricted to ane vii-year term.^[5] Ultimately, the Framers approved four-year terms with no brake on how many times a person could be elected president.

Though dismissed by the Constitutional Convention, term limits for U.Due south. presidents were contemplated during the presidencies of George Washington and Thomas Jefferson. Equally his 2d term entered its final twelvemonth in 1796, Washington was exhausted from years of public service, and his wellness had begun to reject. He was too bothered past his political opponents' unrelenting attacks, which had escalated later the signing of the Jay Treaty, and believed he had accomplished his major goals every bit president. For these reasons, he decided not to run for a third term, a decision he announced to the nation in his September 1796 Goodbye Address.^[six] 11 years later, as Thomas Jefferson neared the halfway point of his 2nd term, he wrote,

If some termination to the services of the chief magistrate be non fixed past the Constitution, or supplied by do, his role, nominally for years, will in fact, get for life; and history shows how hands that degenerates into an inheritance.^[vii]

Since Washington made his celebrated announcement, numerous academics and public figures accept looked at his decision to retire after two terms, and have, according to political scientist Bruce Peabody, "argued he had established a ii-term tradition that served as a vital check against any 1 person, or the presidency every bit a whole, accumulating too much power".^[8] Various amendments aimed at changing informal precedent to ramble constabulary were proposed in Congress in the early to mid-19th century, but none passed.^{[4] [9]} Iii of the next four presidents after Jefferson—James Madison, James Monroe, and Andrew Jackson—served two terms, and each adhered to the two-term principle;^[1] Martin Van Buren was the simply president between Jackson and Abraham Lincoln to be nominated for a second term, though he lost the 1840 ballot and so served only one term.^[9] At the get-go of the Civil War the seceding States drafted the Constitution of the Confederate States of America, which in about respects resembled the United States Constitution, but limited the president to a unmarried six-year term.

In spite of the stiff two-term tradition, a few presidents earlier Roosevelt attempted to secure a third term. Following Ulysses South. Grant's reelection in 1872, there were serious discussions inside Republican political circles nearly the possibility of his running again in 1876. But involvement in a third term for Grant evaporated in the light of negative public opinion and opposition from members of Congress, and Grant left the presidency in 1877 after two terms. Fifty-fifty so, every bit the 1880 ballot approached, he sought nomination for a (non-sequent) 3rd term at the 1880 Republican National Convention, just narrowly lost to James Garfield, who won the 1880 ballot.^[9]

Theodore Roosevelt succeeded to the presidency on September xiv, 1901, post-obit William McKinley's assassination (194 days into his second term), and was handily elected to a total term in 1904. He declined to seek a third (2d full) term in 1908, only did run again in the ballot of 1912, losing to Woodrow Wilson. Wilson himself, despite his sick wellness post-obit a serious stroke, aspired to a third term. Many of his advisers tried to convince him that his wellness precluded some other entrada, only Wilson withal asked that his name exist placed in nomination for the presidency at the 1920 Democratic National Convention.^[10] Autonomous Party leaders were unwilling to back up Wilson, and the nomination went to James M. Cox, who lost to Warren G. Harding. Wilson once more contemplated running for a (nonconsecutive) 3rd term in 1924, devising a strategy for his comeback, merely again lacked any support; he died in February of that year.^[11]

Franklin Roosevelt spent the months leading upwardly to the 1940 Democratic National Convention refusing to say whether he would seek a third term. His Vice President, John Nance Garner, along with Postmaster General James Farley, appear their candidacies for the Democratic nomination. When the convention came, Roosevelt sent a message to the convention maxim he would run just if drafted, saying delegates were free to vote for whomever they pleased. This bulletin was interpreted to mean he was willing to be drafted, and he was renominated on the convention'southward first election.^{[9] [12]} Roosevelt won a decisive victory over Republican Wendell Willkie, becoming the offset (and to date merely) president to exceed 8 years in office. His determination to seek a third term dominated the ballot campaign.^[13] Willkie ran confronting the open-ended presidential tenure, while Democrats cited the war in Europe as a reason for breaking with precedent.^[9]

Four years later, Roosevelt faced Republican Thomas Eastward. Dewey in the 1944 election. Near the end of the campaign, Dewey appear his back up of a constitutional subpoena to limit presidents to 2 terms. According to Dewey, "four terms, or sixteen years (a direct reference to the president's tenure in office four years hence), is the most dangerous threat to our liberty always proposed."^[14] He also discreetly raised the effect of the president's age. Roosevelt exuded enough energy and charisma to retain voters' confidence and was elected to a fourth term.^[xv]

While he quelled rumors of poor health during the campaign, Roosevelt's health was deteriorating. On April 12, 1945, only 82 days after his fourth inauguration, he suffered a cerebral hemorrhage and died, to be succeeded by Vice President Harry Truman.^[16] In the midterm elections 18 months after, Republicans took control of the Business firm and the Senate. As many of them had campaigned on the outcome of presidential tenure, declaring their support for a constitutional amendment that would limit how long a person could serve as president, the issue was given priority in the 80th Congress when it convened in January 1947.^[8]

Proposal and ratification [edit]

Proposal in Congress [edit]

The Business firm of Representatives took quick activity, blessing a proposed constitutional amendment (Firm Joint Resolution 27) setting a limit of two four-year terms for future presidents. Introduced by Earl C. Michener, the mensurate passed 285–121, with support from 47 Democrats, on February six, 1947.^[17] Meanwhile, the Senate developed its own proposed subpoena, which initially differed from the House proposal by requiring that the amendment exist submitted to state ratifying conventions for ratification, rather than to the state legislatures, and by prohibiting whatever person who had served more than than 365 days in each of 2 terms from further presidential service. Both these provisions were removed when the full Senate took upwards the bill, but a new provision was, withal, added. Put frontward by Robert A. Taft, it antiseptic procedures governing the number of times a vice president who succeeded to the presidency might exist elected to office. The amended proposal was passed 59–23, with 16 Democrats in favor, on March 12.^{[1] [18]}

On March 21, the House agreed to the Senate's revisions and approved the resolution to amend the Constitution. Afterward, the amendment imposing term limitations on future presidents was submitted to the states for ratification. The ratification process was completed on February 27, 1951, 3 years, 343 days after information technology was sent to the states.^{[19] [20]}

Ratification by us [edit]

A map of how the states voted on the 20-2d Amendment

Once submitted to usa, the 22nd Amendment was ratified by:^[3]

1. Maine: March 31, 1947
2. Michigan: March 31, 1947
3. Iowa: April ane, 1947
4. Kansas: April 1, 1947
5. New Hampshire: Apr 1, 1947
6. Delaware: April ii, 1947
7. Illinois: April 3, 1947
8. Oregon: April 3, 1947
9. Colorado: April 12, 1947
10. California: April fifteen, 1947
11. New Bailiwick of jersey: April fifteen, 1947
12. Vermont: April xv, 1947
13. Ohio: Apr 16, 1947
14. Wisconsin: Apr xvi, 1947
15. Pennsylvania: April 29, 1947
16. Connecticut: May 21, 1947
17. Missouri: May 22, 1947
18. Nebraska: May 23, 1947
19. Virginia: January 28, 1948
20. Mississippi: February 12, 1948
21. New York: March ix, 1948
22. Southward Dakota: Jan 21, 1949
23. Due north Dakota: Feb 25, 1949
24. Louisiana: May 17, 1950
25. Montana: January 25, 1951
26. Indiana: Jan 29, 1951
27. Idaho: January thirty, 1951
28. New Mexico: February 12, 1951
29. Wyoming: Feb 12, 1951
30. Arkansas: Feb xv, 1951
31. Georgia: February 17, 1951
32. Tennessee: Feb twenty, 1951
33. Texas: February 22, 1951
34. Utah: Feb 26, 1951
35. Nevada: February 26, 1951
36. Minnesota: February 27, 1951
    Ratification was completed when the Minnesota Legislature ratified the amendment. On March 1, 1951, the Administrator of General Services, Jess Larson, issued a certificate proclaiming the 22nd Amendment duly ratified and role of the Constitution. The amendment was subsequently ratified past:^[3]
37. Northward Carolina: February 28, 1951
38. Southward Carolina: March 13, 1951
39. Maryland: March fourteen, 1951
40. Florida: April 16, 1951
41. Alabama: May 4, 1951

Conversely, two states—Oklahoma and Massachusetts—rejected the amendment, while five (Arizona, Kentucky, Rhode Isle, Washington, and West Virginia) took no action.^[18]

Event [edit]

Because of the grandfather clause in Section one, the amendment did not apply to Harry S. Truman, equally he was the incumbent president at the fourth dimension it came into force. Truman, who had served virtually all of Franklin Roosevelt's unexpired fourth term and who was elected to a total term in 1948, was thus eligible for reelection in 1952.^[xiii] Only with his job blessing rating at around 27%,^{[21] [22]} and after a poor functioning in the 1952 New Hampshire primary, Truman chose non to seek his party's nomination. Since becoming operative in 1951, the amendment has been applicable to six presidents who have been elected twice: Dwight D. Eisenhower, Richard Nixon, Ronald Reagan, Pecker Clinton, George West. Bush, and Barack Obama.

Interaction with the 12th Amendment [edit]

Every bit worded, the focus of the 22nd Amendment is on limiting individuals from being elected to the presidency more than twice. Questions take been raised well-nigh the amendment's significant and application, especially in relation to the 12th Subpoena, ratified in 1804, which states, "no person constitutionally ineligible to the function of President shall be eligible to that of Vice-President of the United states of america."^[23] While the 12th Subpoena stipulates that the constitutional qualifications of historic period, citizenship, and residency utilise to the president and vice president, it is unclear whether someone who is ineligible to be elected president due to term limits could be elected vice president. Because of the ambiguity, a two-term former president could possibly be elected vice president and then succeed to the presidency every bit a effect of the incumbent's death, resignation, or removal from office, or succeed to the presidency from another stated office in the presidential line of succession.^{[9] [24]}

Some contend that the 22nd Amendment and twelfth Subpoena bar whatsoever two-term president from later serving equally vice president every bit well every bit from succeeding to the presidency from whatever point in the presidential line of succession.^[25] Others debate that the original intent of the 12th Amendment concerns qualification for service (age, residence, and citizenship), while the 22nd Subpoena, concerns qualifications for election, and thus a old ii-term president is nonetheless eligible to serve as vice president. Neither amendment restricts the number of times someone can be elected to the vice presidency and then succeed to the presidency to serve out the remainder of the term, although the person could be prohibited from running for ballot to an additional term.^{[26] [27]}

The practical applicability of this stardom has not been tested, as no twice-elected president has always been nominated for the vice presidency. While Hillary Clinton once suggested she considered one-time President Bill Clinton as her running mate,^[28] the ramble question remains unresolved.^[i]

Attempts at repeal [edit]

Over the years, several presidents have voiced their antipathy toward the amendment. Subsequently leaving part, Harry Truman described the subpoena as stupid and 1 of the worst amendments of the Constitution with the exception of the Prohibition Subpoena.^[29] A few days before leaving office in January 1989, President Ronald Reagan said he would push for a repeal of the 22nd Amendment because he idea information technology infringed on people's democratic rights.^[30] In a November 2000 interview with Rolling Rock, President Neb Clinton suggested that the 22nd Amendment should be altered to limit presidents to ii sequent terms but and then allow non-consecutive terms, because of longer life expectancies.^[31] Donald Trump questioned presidential term limits on multiple occasions while in function, and in public remarks talked most serving beyond the limits of the 22nd Subpoena. During an April 2019 White House outcome for the Wounded Warrior Project, he suggested he would remain president for ten to fourteen years.^{[32] [33]}

The first efforts in Congress to repeal the 22nd Amendment were undertaken in 1956, five years after the amendment'southward ratification. Over the next fifty years, 54 joint resolutions seeking to repeal the two-term presidential election limit were introduced.^[i] Between 1997 and 2013, José E. Serrano, Democratic representative for New York, introduced nine resolutions (one per Congress, all unsuccessful) to repeal the subpoena.^[34] Repeal has also been supported by Representatives Barney Frank and David Dreier and Senators Mitch McConnell^[35] and Harry Reid.^[36]

See also [edit]

• Term limits in the United States
• Listing of political term limits

References [edit]

1. ^ ^{a b c d e} Neale, Thomas H. (October 19, 2009). "Presidential Terms and Tenure: Perspectives and Proposals for Change" (PDF). Washington, D.C.: Congressional Research Service, The Library of Congress. Archived (PDF) from the original on April 12, 2019. Retrieved March 22, 2018.
2. ^ "FDR'southward third-term ballot and the 22nd amendment - National Constitution Center". National Constitution Center – constitutioncenter.org . Retrieved September 30, 2021.
3. ^ ^{a b c} "Constitution of the The states of America: Analysis and Estimation" (PDF). Washington, D.C.: Library of Congress. Baronial 26, 2017. pp. 39–40. Retrieved March 22, 2018.
4. ^ ^{a b} Buckley, F. H.; Metzger, Gillian. "Twenty-second Amendment". The Interactive Constitution. Philadelphia, Pennsylvania: The National Constitution Center. Archived from the original on Jan 14, 2021. Retrieved March 19, 2018.
5. ^ Kickoff draft U.S.CONST., art. Ten, section 1.
6. ^ Ferling, John (2009). The Rise of George Washington: The Hidden Political Genius of an American Icon. New York: Bloomsbury Press. pp. 347–348. ISBN978-one-59691-465-0.
7. ^ Jefferson, Thomas (December 10, 1807). "Letter to the Legislature of Vermont". Ashland, Ohio: TeachingAmericanHistory.org. Archived from the original on Jan fourteen, 2021. Retrieved March nineteen, 2018.
8. ^ ^{a b} Peabody, Bruce. "Presidential Term Limit". The Heritage Foundation. Archived from the original on July 24, 2017. Retrieved January 10, 2017.
9. ^ ^{a b c d e f} Peabody, Bruce Thou.; Gant, Scott Eastward. (February 1999). "The Twice and Future President: Constitutional Interstices and the Twenty-2d Amendment". Minnesota Police force Review. Minneapolis: University of Minnesota Police School. 83 (3): 565–635. Archived from the original on January 15, 2013. Retrieved June 12, 2015.
10. ^ Pietrusza, David (2007). The Twelvemonth of the Six Presidents. New York: Carroll and Graf. pp. 187–200. ISBN978-0-78671-622-7.
11. ^ Saunders, Robert M. (1998). In Search of Woodrow Wilson: Beliefs and Beliefs. Westport, Connecticut: Greenwood Printing. pp. 260–262. ISBN9780313305207.
12. ^ Rosen, Elliot A. (1997). "'Non Worth a Pitcher of Warm Piss': John Nance Garner as Vice President". In Walch, Timothy (ed.). At the President's Side: The Vice Presidency in the Twentieth Century. Columbia, Missouri: University of Missouri Press. pp. 52–53. ISBN0-8262-1133-X . Retrieved March xx, 2018.
13. ^ ^{a b} "FDR's tertiary-term determination and the 22nd subpoena". Constitution Daily. Philadelphia, Pennsylvania: The National Constitution Heart. Archived from the original on January 14, 2021. Retrieved June 29, 2014.
14. ^ Jordan, David Thousand. (2011). FDR, Dewey, and the Election of 1944. Bloomington, Indiana: Indiana University Press. p. 290. ISBN978-0-253-35683-3.
15. ^ Leuchtenburg, William Due east. "Franklin D. Roosevelt: Campaigns and Elections". Charlottesville, Virginia: Miller Middle of Public Diplomacy, University of Virginia. Archived from the original on January 14, 2021. Retrieved March 20, 2018.
16. ^ Leuchtenburg, William Eastward. "Franklin D. Roosevelt: Expiry of the President". Charlottesville, Virginia: Miller Center of Public Affairs, University of Virginia. Archived from the original on January 14, 2021. Retrieved March 20, 2018.
17. ^ Congressional Quarterly. (1947). Limitations of Presidential Tenure. Congressional Quarterly Vol. Iii. 92-93, 96.
18. ^ ^{a b} Rowley, Sean (July 26, 2014). "Presidential terms limited by 22nd Amendment". Tahlequah Daily Press. Archived from the original on January 14, 2021. Retrieved March 22, 2018.
19. ^ "22nd Amendment: 2-Term Limit on Presidency". constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Eye. Archived from the original on February xx, 2020. Retrieved June 7, 2020.
20. ^ Mount, Steve. "Ratification of Constitutional Amendments". usconstitution.internet. Archived from the original on Apr 23, 2018. Retrieved June 9, 2020.
21. ^ Weldon, Kathleen (Baronial 11, 2015). "The Public and the 22nd Amendment: Third Terms and Lame Ducks". Huffington Mail service. Archived from the original on January 14, 2021. Retrieved March 27, 2018.
22. ^ Peters, Gerhard; Woolley, John T. "Presidential Job Approval: F. Roosevelt (1941)—Trump". Data adapted from the Gallup Poll and compiled past Gerhard Peters. Santa Barbara, California: The American Presidency Project. Archived from the original on January fourteen, 2021. Retrieved March 27, 2018.
23. ^ "The Constitution: Amendments 11-27". America'southward Founding Documents. Washington, D.C.: National Archives. Archived from the original on January xiv, 2021. Retrieved March eleven, 2018.
24. ^ Ready, Joel A. "The 22nd Subpoena Doesn't Say What You Recollect It Says". Blandon, Pennsylvania: Cornerstone Law House. Archived from the original on Jan xiv, 2021. Retrieved November 6, 2017.
25. ^ Franck, Matthew J. (July 31, 2007). "Constitutional Sleight of Mitt". National Review. Archived from the original on June 13, 2008. Retrieved June 12, 2008.
26. ^ Dorf, Michael C. (August two, 2000). "Why the Constitution permits a Gore-Clinton ticket". CNN. Archived from the original on Oct ane, 2005.
27. ^ Gant, Scott Due east.; Peabody, Bruce 1000. (June thirteen, 2006). "How to bring back Bill: A Clinton-Clinton 2008 ticket is constitutionally possible". The Christian Science Monitor. Archived from the original on January fourteen, 2021. Retrieved June 12, 2008.
28. ^ LoBianco, Tom (September 15, 2015). "Hillary Clinton: Bill as VP has 'crossed her mind'". CNN. Archived from the original on Jan 14, 2021. Retrieved October 29, 2015.
29. ^ Lemelin, Bernard Lemelin (Wintertime 1999). "Opposition to the 22nd Amendment: The National Committee Confronting Limiting the Presidency and its Activities, 1949-1951". Canadian Review of American Studies. University of Toronto Press on behalf of the Canadian Association for American Studies with the back up of Carleton Academy. 29 (iii): 133–148. doi:x.3138/CRAS-029-03-06. S2CID 159908265.
30. ^ Reagan, Ronald (January xviii, 1989). "President Reagan Says He Will Fight to Repeal 22nd Amendment". NBC Nightly News (Interview). Interviewed past Tom Brokaw. New York: NBC. Retrieved June 14, 2015.
31. ^ "Clinton: I Would've Won Third Term". ABC News. December seven, 2000. Archived from the original on Jan 14, 2021. Retrieved March 26, 2018.
32. ^ Einbinder, Nicole (June 17, 2019). "Trump suggested his supporters desire him to serve more than 2 terms as president". Concern Insider. Archived from the original on Jan 14, 2021. Retrieved September 14, 2019.
33. ^ Croucher, Shane (September 11, 2019). "Donald Trump Posts Image on Twitter, Instagram Joking That He'll Stand in 2024". Newsweek. Archived from the original on January xiv, 2021. Retrieved September 14, 2019.
34. ^ "H.J.Res. 15 (113th): Proposing an amendment to the Constitution of the U.s. to repeal the xx-second article of subpoena, thereby removing the limitation on the number of terms an individual may serve every bit President". Washington, D.C.: GovTrack, a project of Borough Impulse, LLC. 2013. Archived from the original on January xiv, 2021. Retrieved March 23, 2018.
35. ^ "Nib to Repeal the 22nd Subpoena". Snopes.com . Retrieved October nineteen, 2018.
36. ^ potus_geeks (February 27, 2012). "The 22nd Subpoena". Archived from the original on January xiv, 2021. Retrieved October xix, 2018.

External links [edit]

• The Annenberg Guide to the U.s. Constitution: Twenty-second Amendment
• CRS Annotated Constitution: Twenty-2d Subpoena

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Source: https://en.wikipedia.org/wiki/Twenty-second_Amendment_to_the_United_States_Constitution#:~:text=The%20amendment%20prohibits%20anyone%20who,elected%20president%20more%20than%20once.

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