Can 1 Term President Run Again

1951 amendment limiting presidents to two terms

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

Until the amendment'due south ratification, the president had non been bailiwick to term limits, but George Washington had established a two-term tradition that many other presidents followed. But in the 1940 and 1944 presidential elections, Franklin D. Roosevelt became the beginning president to win third and 4th terms, giving rise to concerns about a president serving unlimited terms. After Roosevelt'southward 1945 death, Republicans and conservative Democrats were swept into Congress in the 1946 elections and were in position to advise an amendment restricting the number of presidential terms.^[2] Congress approved the Twenty-2d Amendment on March 21, 1947, and submitted it to the state legislatures for ratification. That process was completed on February 27, 1951, when the requisite 36 of the 48 states had ratified the subpoena (neither Alaska nor Hawaii had nonetheless been admitted as states), and its provisions came into force on that date.

The amendment prohibits anyone who has been elected president twice from being elected again. Nether the amendment, someone who fills an unexpired presidential term lasting more than 2 years is also prohibited from being elected president more than once. Scholars debate whether the amendment prohibits affected individuals from succeeding to the presidency under any circumstances or whether it applies only to presidential elections.

Text [edit]

Department 1. No person shall be elected to the function of the President more twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which another person was elected President shall exist elected to the office of the President more than in one case. But this Article shall not apply to whatsoever person holding the part of President when this Article was proposed by the Congress, and shall not prevent any person who may exist holding the office of President, or acting as President, during the term within which this Commodity becomes operative from belongings the office of President or interim as President during the residual of such term.

Section 2. This Article shall be inoperative unless it shall accept been ratified every bit an subpoena to the Constitution by the legislatures of three-fourths of the several states inside seven years from the appointment of its submission to the states by the Congress.^[3]

Groundwork [edit]

The Twenty-second Amendment was a reaction to Franklin D. Roosevelt'south ballot to an unprecedented four terms equally president, only presidential term limits had long been debated in American politics. Delegates to the Constitutional Convention of 1787 considered the consequence extensively (alongside broader questions, such as who would elect the president, and the president's office). Many, including Alexander Hamilton and James Madison, supported lifetime tenure for presidents, while others favored fixed terms. Virginia's George Mason denounced the life-tenure proposal as tantamount to elective monarchy.^[4] An early on draft of the U.Southward. Constitution provided that the president was restricted to one 7-year term.^[five] Ultimately, the Framers approved 4-year terms with no restriction 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 decline. He was also bothered past his political opponents' unrelenting attacks, which had escalated after the signing of the Jay Treaty, and believed he had achieved his major goals as president. For these reasons, he decided non to run for a third term, a conclusion he appear to the nation in his September 1796 Farewell Accost.^[6] Eleven years subsequently, every bit Thomas Jefferson neared the halfway betoken of his second term, he wrote,

If some termination to the services of the primary magistrate exist not fixed by the Constitution, or supplied by practice, his office, nominally for years, will in fact, go for life; and history shows how easily that degenerates into an inheritance.^[seven]

Since Washington made his historic declaration, numerous academics and public figures take looked at his determination to retire later two terms, and have, according to political scientist Bruce Peabody, "argued he had established a two-term tradition that served equally a vital check against any one person, or the presidency as a whole, accumulating too much ability".^[eight] Various amendments aimed at changing informal precedent to constitutional law were proposed in Congress in the early on to mid-19th century, only none passed.^{[iv] [ix]} Three 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 only president between Jackson and Abraham Lincoln to be nominated for a second term, though he lost the 1840 election and so served only one term.^[9] At the offset 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 single six-year term.

In spite of the strong two-term tradition, a few presidents before Roosevelt attempted to secure a third term. Post-obit Ulysses S. Grant'due south reelection in 1872, there were serious discussions within Republican political circles about the possibility of his running once again in 1876. Merely interest 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 ii terms. Even and so, as the 1880 election approached, he sought nomination for a (non-consecutive) third term at the 1880 Republican National Convention, but narrowly lost to James Garfield, who won the 1880 election.^[9]

Theodore Roosevelt succeeded to the presidency on September 14, 1901, following William McKinley'southward assassination (194 days into his second term), and was handily elected to a full term in 1904. He declined to seek a 3rd (second total) term in 1908, simply did run once again in the election of 1912, losing to Woodrow Wilson. Wilson himself, despite his ill health post-obit a serious stroke, aspired to a third term. Many of his directorate tried to convince him that his health precluded another campaign, only Wilson nonetheless asked that his name be placed in nomination for the presidency at the 1920 Democratic National Convention.^[10] Democratic Party leaders were unwilling to support Wilson, and the nomination went to James M. Cox, who lost to Warren K. Harding. Wilson again contemplated running for a (nonconsecutive) third term in 1924, devising a strategy for his comeback, merely once again lacked whatever support; he died in Feb of that year.^[xi]

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

Iv years later, Roosevelt faced Republican Thomas E. Dewey in the 1944 ballot. Near the end of the entrada, Dewey announced his back up of a constitutional amendment to limit presidents to ii terms. According to Dewey, "four terms, or xvi years (a direct reference to the president's tenure in office iv years hence), is the most dangerous threat to our freedom ever proposed."^[14] He likewise discreetly raised the event of the president's age. Roosevelt exuded enough free energy and charisma to retain voters' confidence and was elected to a quaternary term.^[xv]

While he quelled rumors of poor wellness during the campaign, Roosevelt's health was deteriorating. On Apr 12, 1945, only 82 days after his quaternary inauguration, he suffered a cerebral hemorrhage and died, to be succeeded by Vice President Harry Truman.^[16] In the midterm elections 18 months afterwards, Republicans took command of the Firm and the Senate. Equally many of them had campaigned on the effect of presidential tenure, declaring their back up for a ramble amendment that would limit how long a person could serve as president, the event was given priority in the 80th Congress when it convened in January 1947.^[8]

Proposal and ratification [edit]

Proposal in Congress [edit]

The House of Representatives took quick action, approval a proposed constitutional amendment (House Joint Resolution 27) setting a limit of two 4-year terms for future presidents. Introduced by Earl C. Michener, the measure passed 285–121, with back up from 47 Democrats, on February 6, 1947.^[17] Meanwhile, the Senate developed its own proposed amendment, which initially differed from the House proposal by requiring that the subpoena be submitted to state ratifying conventions for ratification, rather than to the state legislatures, and by prohibiting any person who had served more than than 365 days in each of two terms from further presidential service. Both these provisions were removed when the total Senate took upwardly the pecker, simply a new provision was, still, added. Put forward by Robert A. Taft, information technology clarified 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 sixteen Democrats in favor, on March 12.^{[1] [eighteen]}

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

Ratification by the states [edit]

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

Once submitted to the states, the 22nd Subpoena was ratified by:^[three]

1. Maine: March 31, 1947
2. Michigan: March 31, 1947
3. Iowa: Apr 1, 1947
4. Kansas: Apr ane, 1947
5. New Hampshire: Apr i, 1947
6. Delaware: Apr 2, 1947
7. Illinois: April 3, 1947
8. Oregon: April 3, 1947
9. Colorado: April 12, 1947
10. California: April xv, 1947
11. New Bailiwick of jersey: April 15, 1947
12. Vermont: April 15, 1947
13. Ohio: April 16, 1947
14. Wisconsin: April 16, 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 nine, 1948
22. South Dakota: January 21, 1949
23. Due north Dakota: February 25, 1949
24. Louisiana: May 17, 1950
25. Montana: January 25, 1951
26. Indiana: January 29, 1951
27. Idaho: January thirty, 1951
28. New Mexico: February 12, 1951
29. Wyoming: February 12, 1951
30. Arkansas: Feb 15, 1951
31. Georgia: Feb 17, 1951
32. Tennessee: February 20, 1951
33. Texas: February 22, 1951
34. Utah: February 26, 1951
35. Nevada: February 26, 1951
36. Minnesota: February 27, 1951
    Ratification was completed when the Minnesota Legislature ratified the amendment. On March i, 1951, the Administrator of General Services, Jess Larson, issued a document proclaiming the 22nd Subpoena duly ratified and part of the Constitution. The amendment was later on ratified by:^[3]
37. North Carolina: Feb 28, 1951
38. Due south Carolina: March 13, 1951
39. Maryland: March 14, 1951
40. Florida: April xvi, 1951
41. Alabama: May four, 1951

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

Outcome [edit]

Because of the grandfather clause in Section 1, the amendment did not apply to Harry South. Truman, as he was the incumbent president at the fourth dimension it came into force. Truman, who had served nearly all of Franklin Roosevelt's unexpired 4th term and who was elected to a full term in 1948, was thus eligible for reelection in 1952.^[thirteen] But with his job approval rating at around 27%,^{[21] [22]} and later a poor operation in the 1952 New Hampshire principal, Truman chose not to seek his party'south 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, Bill Clinton, George W. Bush, and Barack Obama.

Interaction with the Twelfth Subpoena [edit]

As worded, the focus of the 22nd Subpoena is on limiting individuals from being elected to the presidency more than twice. Questions have been raised about the amendment'due south significant and application, especially in relation to the 12th Amendment, 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."^[23] While the 12th Subpoena stipulates that the constitutional qualifications of age, citizenship, and residency use 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 sometime president could peradventure exist elected vice president and then succeed to the presidency as a result of the incumbent's death, resignation, or removal from role, or succeed to the presidency from another stated office in the presidential line of succession.^{[ix] [24]}

Some argue that the 22nd Amendment and 12th Amendment bar whatever ii-term president from later serving as vice president as well as from succeeding to the presidency from any point in the presidential line of succession.^[25] Others contend that the original intent of the 12th Amendment concerns qualification for service (age, residence, and citizenship), while the 22nd Amendment, concerns qualifications for election, and thus a erstwhile 2-term president is still 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 balance of the term, although the person could be prohibited from running for ballot to an additional term.^{[26] [27]}

The practical applicability of this distinction has not been tested, every bit no twice-elected president has ever been nominated for the vice presidency. While Hillary Clinton once suggested she considered onetime President Pecker Clinton as her running mate,^[28] the constitutional question remains unresolved.^[1]

Attempts at repeal [edit]

Over the years, several presidents have voiced their contempt toward the amendment. Subsequently leaving office, Harry Truman described the amendment as stupid and one of the worst amendments of the Constitution with the exception of the Prohibition Amendment.^[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 thought information technology infringed on people'south democratic rights.^[thirty] In a Nov 2000 interview with Rolling Rock, President Neb Clinton suggested that the 22nd Amendment should exist altered to limit presidents to two sequent terms just and so permit non-consecutive terms, because of longer life expectancies.^[31] Donald Trump questioned presidential term limits on multiple occasions while in part, and in public remarks talked near serving beyond the limits of the 22nd Amendment. During an April 2019 White Firm event for the Wounded Warrior Projection, he suggested he would remain president for 10 to 14 years.^{[32] [33]}

The first efforts in Congress to repeal the 22nd Amendment were undertaken in 1956, five years later on the amendment'due south ratification. Over the side by side 50 years, 54 joint resolutions seeking to repeal the two-term presidential election limit were introduced.^[1] Between 1997 and 2013, José E. Serrano, Democratic representative for New York, introduced 9 resolutions (one per Congress, all unsuccessful) to repeal the amendment.^[34] Repeal has also been supported past Representatives Barney Frank and David Dreier and Senators Mitch McConnell^[35] and Harry Reid.^[36]

See also [edit]

• Term limits in the The states
• Listing of political term limits

References [edit]

1. ^ ^{a b c d e} Neale, Thomas H. (Oct nineteen, 2009). "Presidential Terms and Tenure: Perspectives and Proposals for Change" (PDF). Washington, D.C.: Congressional Enquiry Service, The Library of Congress. Archived (PDF) from the original on April 12, 2019. Retrieved March 22, 2018.
2. ^ "FDR's 3rd-term ballot and the 22nd amendment - National Constitution Heart". National Constitution Center – constitutioncenter.org . Retrieved September xxx, 2021.
3. ^ ^{a b c} "Constitution of the United states of America: Analysis and Interpretation" (PDF). Washington, D.C.: Library of Congress. Baronial 26, 2017. pp. 39–forty. Retrieved March 22, 2018.
4. ^ ^{a b} Buckley, F. H.; Metzger, Gillian. "Twenty-second Subpoena". The Interactive Constitution. Philadelphia, Pennsylvania: The National Constitution Center. Archived from the original on January 14, 2021. Retrieved March nineteen, 2018.
5. ^ First draft U.South.CONST., art. X, department i.
6. ^ Ferling, John (2009). The Ascension of George Washington: The Hidden Political Genius of an American Icon. New York: Bloomsbury Printing. pp. 347–348. ISBN978-1-59691-465-0.
7. ^ Jefferson, Thomas (December 10, 1807). "Letter of the alphabet to the Legislature of Vermont". Ashland, Ohio: TeachingAmericanHistory.org. Archived from the original on Jan fourteen, 2021. Retrieved March 19, 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 due east f} Peabody, Bruce K.; Gant, Scott E. (Feb 1999). "The Twice and Future President: Constitutional Interstices and the Xx-2nd Amendment". Minnesota Law Review. Minneapolis: Academy of Minnesota Constabulary Schoolhouse. 83 (iii): 565–635. Archived from the original on January 15, 2013. Retrieved June 12, 2015.
10. ^ Pietrusza, David (2007). The Year of the Six Presidents. New York: Carroll and Graf. pp. 187–200. ISBN978-0-78671-622-vii.
11. ^ Saunders, Robert M. (1998). In Search of Woodrow Wilson: Beliefs and Behavior. Westport, Connecticut: Greenwood Press. pp. 260–262. ISBN9780313305207.
12. ^ Rosen, Elliot A. (1997). "'Not Worth a Pitcher of Warm Piss': John Nance Garner equally 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 20, 2018.
13. ^ ^{a b} "FDR'southward tertiary-term decision and the 22nd amendment". Constitution Daily. Philadelphia, Pennsylvania: The National Constitution Center. Archived from the original on Jan 14, 2021. Retrieved June 29, 2014.
14. ^ Jordan, David K. (2011). FDR, Dewey, and the Ballot of 1944. Bloomington, Indiana: Indiana University Press. p. 290. ISBN978-0-253-35683-3.
15. ^ Leuchtenburg, William E. "Franklin D. Roosevelt: Campaigns and Elections". Charlottesville, Virginia: Miller Center of Public Affairs, University of Virginia. Archived from the original on Jan 14, 2021. Retrieved March 20, 2018.
16. ^ Leuchtenburg, William East. "Franklin D. Roosevelt: Death of the President". Charlottesville, Virginia: Miller Center of Public Affairs, University of Virginia. Archived from the original on January 14, 2021. Retrieved March twenty, 2018.
17. ^ Congressional Quarterly. (1947). Limitations of Presidential Tenure. Congressional Quarterly Vol. 3. 92-93, 96.
18. ^ ^{a b} Rowley, Sean (July 26, 2014). "Presidential terms express by 22nd Amendment". Tahlequah Daily Printing. Archived from the original on January fourteen, 2021. Retrieved March 22, 2018.
19. ^ "22nd Amendment: Two-Term Limit on Presidency". constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Centre. Archived from the original on February xx, 2020. Retrieved June 7, 2020.
20. ^ Mount, Steve. "Ratification of Constitutional Amendments". usconstitution.net. Archived from the original on Apr 23, 2018. Retrieved June 9, 2020.
21. ^ Weldon, Kathleen (August 11, 2015). "The Public and the 22nd Amendment: Tertiary Terms and Lame Ducks". Huffington Mail. Archived from the original on Jan fourteen, 2021. Retrieved March 27, 2018.
22. ^ Peters, Gerhard; Woolley, John T. "Presidential Job Approval: F. Roosevelt (1941)—Trump". Information adapted from the Gallup Poll and compiled past Gerhard Peters. Santa Barbara, California: The American Presidency Project. Archived from the original on January 14, 2021. Retrieved March 27, 2018.
23. ^ "The Constitution: Amendments eleven-27". America's Founding Documents. Washington, D.C.: National Archives. Archived from the original on January xiv, 2021. Retrieved March 11, 2018.
24. ^ Ready, Joel A. "The 22nd Amendment Doesn't Say What You Recall Information technology Says". Blandon, Pennsylvania: Cornerstone Police force House. Archived from the original on Jan 14, 2021. Retrieved November 6, 2017.
25. ^ Franck, Matthew J. (July 31, 2007). "Ramble Sleight of Manus". National Review. Archived from the original on June thirteen, 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 October i, 2005.
27. ^ Gant, Scott Due east.; Peabody, Bruce G. (June xiii, 2006). "How to bring back Nib: 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 January 14, 2021. Retrieved October 29, 2015.
29. ^ Lemelin, Bernard Lemelin (Winter 1999). "Opposition to the 22nd Subpoena: The National Committee Against Limiting the Presidency and its Activities, 1949-1951". Canadian Review of American Studies. Academy of Toronto Printing on behalf of the Canadian Association for American Studies with the support of Carleton University. 29 (iii): 133–148. doi:x.3138/CRAS-029-03-06. S2CID 159908265.
30. ^ Reagan, Ronald (January 18, 1989). "President Reagan Says He Will Fight to Repeal 22nd Subpoena". NBC Nightly News (Interview). Interviewed past Tom Brokaw. New York: NBC. Retrieved June 14, 2015.
31. ^ "Clinton: I Would've Won Tertiary 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 want him to serve more than than 2 terms equally president". Business concern Insider. Archived from the original on January xiv, 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 fourteen, 2019.
34. ^ "H.J.Res. 15 (113th): Proposing an amendment to the Constitution of the U.s. to repeal the xx-second commodity of amendment, thereby removing the limitation on the number of terms an individual may serve equally President". Washington, D.C.: GovTrack, a project of Borough Impulse, LLC. 2013. Archived from the original on January 14, 2021. Retrieved March 23, 2018.
35. ^ "Bill to Repeal the 22nd Amendment". Snopes.com . Retrieved October 19, 2018.
36. ^ potus_geeks (February 27, 2012). "The 22nd Amendment". Archived from the original on January fourteen, 2021. Retrieved Oct 19, 2018.

External links [edit]

• The Annenberg Guide to the United States Constitution: Twenty-second Amendment
• CRS Annotated Constitution: Twenty-second Amendment

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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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