what amendment restricts the president to two terms

1951 amendment limiting presidents to two terms

The Twenty-2d Subpoena (Subpoena XXII) to the U.s. Constitution limits the number of times a person is eligible for election to the function of President of the United States to ii, and sets additional eligibility atmospheric condition for presidents who succeed to the unexpired terms of their predecessors.^[1]

Until the amendment'due south ratification, the president had not been subject area to term limits, simply George Washington had established a two-term tradition that many other presidents followed. Merely in the 1940 and 1944 presidential elections, Franklin D. Roosevelt became the first president to win third and 4th terms, giving rise to concerns about a president serving unlimited terms. After Roosevelt's 1945 expiry, Republicans and conservative Democrats were swept into Congress in the 1946 elections and were in position to advise an subpoena restricting the number of presidential terms.^[two] Congress canonical the Xx-second Subpoena on March 21, 1947, and submitted information technology to the state legislatures for ratification. That procedure was completed on February 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 strength on that appointment.

The amendment prohibits anyone who has been elected president twice from existence elected once more. Under the amendment, someone who fills an unexpired presidential term lasting more than 2 years is besides prohibited from being elected president more than one time. Scholars debate whether the amendment prohibits afflicted individuals from succeeding to the presidency nether whatever circumstances or whether it applies only to presidential elections.

Text [edit]

Section 1. No person shall exist elected to the function of the President more than twice, and no person who has held the office of President, or acted equally 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 once. Only this Article shall not employ to any person holding the function of President when this Commodity was proposed by the Congress, and shall not prevent whatever person who may be holding the function of President, or acting equally President, during the term within which this Commodity becomes operative from property the role of President or acting every bit President during the rest of such term.

Section 2. This Article shall be inoperative unless it shall take been ratified as an amendment to the Constitution past the legislatures of iii-fourths of the several states within 7 years from the date of its submission to the states by the Congress.^[three]

Groundwork [edit]

The Xx-second Amendment was a reaction to Franklin D. Roosevelt's election to an unprecedented 4 terms equally president, but presidential term limits had long been debated in American politics. Delegates to the Ramble Convention of 1787 considered the event extensively (alongside broader questions, such equally who would elect the president, and the president'south office). Many, including Alexander Hamilton and James Madison, supported lifetime tenure for presidents, while others favored stock-still terms. Virginia'south George Mason denounced the life-tenure proposal as tantamount to constituent monarchy.^[4] An early draft of the U.S. Constitution provided that the president was restricted to one seven-year term.^[5] Ultimately, the Framers canonical four-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.S. presidents were contemplated during the presidencies of George Washington and Thomas Jefferson. Every bit his second term entered its last yr in 1796, Washington was wearied from years of public service, and his wellness had begun to decline. He was also bothered by his political opponents' unrelenting attacks, which had escalated after the signing of the Jay Treaty, and believed he had accomplished his major goals equally president. For these reasons, he decided not to run for a third term, a decision he appear to the nation in his September 1796 Farewell Address.^[6] Eleven years later, as Thomas Jefferson neared the halfway point of his second term, he wrote,

If some termination to the services of the chief magistrate be not stock-still by the Constitution, or supplied by practice, his role, nominally for years, volition in fact, become for life; and history shows how easily that degenerates into an inheritance.^[7]

Since Washington fabricated his celebrated proclamation, numerous academics and public figures have looked at his decision to retire after 2 terms, and have, according to political scientist Bruce Peabody, "argued he had established a two-term tradition that served as a vital cheque against any 1 person, or the presidency as a whole, accumulating likewise much ability".^[eight] Various amendments aimed at changing informal precedent to constitutional law were proposed in Congress in the early to mid-19th century, but none passed.^{[4] [ix]} Three of the next four presidents after Jefferson—James Madison, James Monroe, and Andrew Jackson—served 2 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 so served only 1 term.^[ix] At the outset of the Civil War the seceding States drafted the Constitution of the Amalgamated States of America, which in most respects resembled the U.s.a. 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 tertiary term. Following Ulysses Southward. Grant's reelection in 1872, there were serious discussions within Republican political circles about the possibility of his running again in 1876. But involvement in a third term for Grant evaporated in the light of negative public stance and opposition from members of Congress, and Grant left the presidency in 1877 later on two terms. All the same, as the 1880 election approached, he sought nomination for a (not-consecutive) 3rd term at the 1880 Republican National Convention, simply narrowly lost to James Garfield, who won the 1880 election.^[ix]

Theodore Roosevelt succeeded to the presidency on September fourteen, 1901, following William McKinley's assassination (194 days into his second term), and was handily elected to a full term in 1904. He declined to seek a third (second full) term in 1908, but did run again in the election of 1912, losing to Woodrow Wilson. Wilson himself, despite his ill wellness following a serious stroke, aspired to a tertiary term. Many of his advisers tried to convince him that his wellness precluded another campaign, but Wilson nonetheless asked that his proper name exist placed in nomination for the presidency at the 1920 Autonomous National Convention.^[ten] Democratic Political party leaders were unwilling to back up Wilson, and the nomination went to James Grand. Cox, who lost to Warren G. Harding. Wilson once again contemplated running for a (nonconsecutive) third term in 1924, devising a strategy for his comeback, merely over again lacked any support; he died in Feb of that twelvemonth.^[xi]

Franklin Roosevelt spent the months leading upwards to the 1940 Autonomous National Convention refusing to say whether he would seek a third term. His Vice President, John Nance Garner, along with Postmaster General James Farley, announced their candidacies for the Autonomous nomination. When the convention came, Roosevelt sent a message to the convention maxim he would run only if drafted, saying delegates were complimentary 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's first ballot.^{[9] [12]} Roosevelt won a decisive victory over Republican Wendell Willkie, becoming the first (and to date simply) president to exceed viii years in office. His conclusion to seek a third term dominated the election campaign.^[thirteen] Willkie ran against 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 E. Dewey in the 1944 election. Nigh the end of the campaign, Dewey announced his back up of a constitutional amendment to limit presidents to two terms. According to Dewey, "iv terms, or xvi years (a straight reference to the president's tenure in function 4 years hence), is the about dangerous threat to our liberty ever proposed."^[14] He too discreetly raised the outcome of the president's age. Roosevelt exuded enough energy and charisma to retain voters' confidence and was elected to a fourth term.^[fifteen]

While he quelled rumors of poor health during the campaign, Roosevelt'southward health was deteriorating. On Apr 12, 1945, only 82 days later his 4th inauguration, he suffered a cerebral hemorrhage and died, to exist succeeded by Vice President Harry Truman.^[xvi] 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 issue of presidential tenure, declaring their support for a constitutional amendment that would limit how long a person could serve equally president, the consequence was given priority in the 80th Congress when information technology convened in January 1947.^[8]

Proposal and ratification [edit]

Proposal in Congress [edit]

The House of Representatives took quick action, approving a proposed constitutional amendment (House Joint Resolution 27) setting a limit of two four-year terms for hereafter presidents. Introduced past Earl C. Michener, the mensurate passed 285–121, with back up from 47 Democrats, on February vi, 1947.^[17] Meanwhile, the Senate developed its own proposed amendment, which initially differed from the Business firm proposal by requiring that the amendment be submitted to country ratifying conventions for ratification, rather than to the land legislatures, and by prohibiting any person who had served more than 365 days in each of ii terms from further presidential service. Both these provisions were removed when the full Senate took up the bill, but a new provision was, yet, added. Put forward past Robert A. Taft, information technology clarified procedures governing the number of times a vice president who succeeded to the presidency might be elected to office. The amended proposal was passed 59–23, with 16 Democrats in favor, on March 12.^{[i] [18]}

On March 21, the Business firm 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 u.s. for ratification. The ratification process was completed on February 27, 1951, 3 years, 343 days afterward it was sent to the states.^{[xix] [20]}

Ratification past the states [edit]

A map of how the states voted on the Twenty-second Amendment

Once submitted to the states, the 22nd Amendment was ratified past:^[3]

1. Maine: March 31, 1947
2. Michigan: March 31, 1947
3. Iowa: April 1, 1947
4. Kansas: April 1, 1947
5. New Hampshire: April 1, 1947
6. Delaware: Apr 2, 1947
7. Illinois: April 3, 1947
8. Oregon: Apr three, 1947
9. Colorado: April 12, 1947
10. California: April 15, 1947
11. New Jersey: April fifteen, 1947
12. Vermont: Apr fifteen, 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: Jan 28, 1948
20. Mississippi: Feb 12, 1948
21. New York: March 9, 1948
22. South Dakota: January 21, 1949
23. Due north Dakota: Feb 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: Feb 12, 1951
30. Arkansas: February 15, 1951
31. Georgia: February 17, 1951
32. Tennessee: February twenty, 1951
33. Texas: Feb 22, 1951
34. Utah: Feb 26, 1951
35. Nevada: Feb 26, 1951
36. Minnesota: Feb 27, 1951
    Ratification was completed when the Minnesota Legislature ratified the amendment. On March 1, 1951, the Administrator of Full general Services, Jess Larson, issued a certificate proclaiming the 22nd Amendment duly ratified and role of the Constitution. The amendment was subsequently ratified by:^[3]
37. North Carolina: February 28, 1951
38. S Carolina: March 13, 1951
39. Maryland: March 14, 1951
40. Florida: Apr 16, 1951
41. Alabama: May 4, 1951

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

Effect [edit]

Considering of the grandfather clause in Section ane, the amendment did non apply to Harry Due south. Truman, as he was the incumbent president at the fourth dimension it came into forcefulness. Truman, who had served nearly all of Franklin Roosevelt'south unexpired 4th term and who was elected to a full term in 1948, was thus eligible for reelection in 1952.^[xiii] But with his chore approval rating at around 27%,^{[21] [22]} and afterwards a poor performance in the 1952 New Hampshire primary, Truman chose non to seek his party's nomination. Since becoming operative in 1951, the amendment has been applicative to six presidents who have been elected twice: Dwight D. Eisenhower, Richard Nixon, Ronald Reagan, Bill Clinton, George Due west. Bush, and Barack Obama.

Interaction with the Twelfth Amendment [edit]

As worded, the focus of the 22nd Amendment is on limiting individuals from being elected to the presidency more than than twice. Questions accept been raised well-nigh the subpoena'southward meaning and awarding, particularly in relation to the 12th Amendment, ratified in 1804, which states, "no person constitutionally ineligible to the function of President shall exist eligible to that of Vice-President of the United States."^[23] While the 12th Amendment stipulates that the constitutional qualifications of historic period, citizenship, and residency employ 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 ambivalence, a ii-term former president could possibly be elected vice president so succeed to the presidency as a effect of the incumbent'due south death, resignation, or removal from function, or succeed to the presidency from some other stated office in the presidential line of succession.^{[9] [24]}

Some argue that the 22nd Amendment and 12th Amendment bar any ii-term president from afterwards serving every bit vice president as well as from succeeding to the presidency from any 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 Amendment, concerns qualifications for ballot, and thus a erstwhile two-term president is yet eligible to serve every bit vice president. Neither amendment restricts the number of times someone tin can be elected to the vice presidency and and so succeed to the presidency to serve out the balance of the term, although the person could be prohibited from running for election to an additional term.^{[26] [27]}

The practical applicability of this stardom has not been tested, as no twice-elected president has e'er been nominated for the vice presidency. While Hillary Clinton once suggested she considered former President Bill Clinton as her running mate,^[28] the ramble question remains unresolved.^[1]

Attempts at repeal [edit]

Over the years, several presidents have voiced their contempt toward the subpoena. After leaving office, Harry Truman described the amendment as stupid and ane 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 Subpoena because he idea information technology infringed on people's democratic rights.^[thirty] In a November 2000 interview with Rolling Stone, President Beak Clinton suggested that the 22nd Subpoena should be altered to limit presidents to two consecutive terms but then permit non-sequent terms, because of longer life expectancies.^[31] Donald Trump questioned presidential term limits on multiple occasions while in function, and in public remarks talked virtually serving across the limits of the 22nd Amendment. During an April 2019 White House event for the Wounded Warrior Project, he suggested he would remain president for 10 to 14 years.^{[32] [33]}

The start efforts in Congress to repeal the 22nd Amendment were undertaken in 1956, five years afterwards the amendment's ratification. Over the next l 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 nine resolutions (i 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]

Encounter also [edit]

• Term limits in the U.s.a.
• Listing of political term limits

References [edit]

1. ^ ^{a b c d e} Neale, Thomas H. (Oct 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 Apr 12, 2019. Retrieved March 22, 2018.
2. ^ "FDR's third-term ballot and the 22nd amendment - National Constitution Heart". National Constitution Center – constitutioncenter.org . Retrieved September 30, 2021.
3. ^ ^{a b c} "Constitution of the Us: Analysis and Interpretation" (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 January xiv, 2021. Retrieved March xix, 2018.
5. ^ First draft U.s.CONST., art. 10, section one.
6. ^ Ferling, John (2009). The Ascent 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 (Dec 10, 1807). "Letter to the Legislature of Vermont". Ashland, Ohio: TeachingAmericanHistory.org. Archived from the original on January 14, 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 e f} Peabody, Bruce M.; Gant, Scott Due east. (February 1999). "The Twice and Future President: Constitutional Interstices and the Twenty-Second Amendment". Minnesota Law Review. Minneapolis: University of Minnesota Law Schoolhouse. 83 (3): 565–635. Archived from the original on January 15, 2013. Retrieved June 12, 2015.
10. ^ Pietrusza, David (2007). The Year of the Half dozen Presidents. New York: Carroll and Graf. pp. 187–200. ISBN978-0-78671-622-seven.
11. ^ Saunders, Robert M. (1998). In Search of Woodrow Wilson: Behavior 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 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-Ten . Retrieved March twenty, 2018.
13. ^ ^{a b} "FDR's tertiary-term decision and the 22nd amendment". Constitution Daily. Philadelphia, Pennsylvania: The National Constitution Heart. Archived from the original on January 14, 2021. Retrieved June 29, 2014.
14. ^ Jordan, David M. (2011). FDR, Dewey, and the Election of 1944. Bloomington, Indiana: Indiana University Press. p. 290. ISBN978-0-253-35683-3.
15. ^ Leuchtenburg, William Eastward. "Franklin D. Roosevelt: Campaigns and Elections". Charlottesville, Virginia: Miller Heart of Public Diplomacy, University of Virginia. Archived from the original on January 14, 2021. Retrieved March xx, 2018.
16. ^ Leuchtenburg, William E. "Franklin D. Roosevelt: Decease of the President". Charlottesville, Virginia: Miller Heart 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 express by 22nd Amendment". Tahlequah Daily Press. Archived from the original on January 14, 2021. Retrieved March 22, 2018.
19. ^ "22nd Amendment: Two-Term Limit on Presidency". constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Eye. Archived from the original on February 20, 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: Third Terms and Lame Ducks". Huffington Postal service. Archived from the original on Jan fourteen, 2021. Retrieved March 27, 2018.
22. ^ Peters, Gerhard; Woolley, John T. "Presidential Job Blessing: F. Roosevelt (1941)—Trump". Data adapted from the Gallup Poll and compiled by Gerhard Peters. Santa Barbara, California: The American Presidency Project. Archived from the original on Jan 14, 2021. Retrieved March 27, 2018.
23. ^ "The Constitution: Amendments 11-27". America's Founding Documents. Washington, D.C.: National Archives. Archived from the original on January 14, 2021. Retrieved March xi, 2018.
24. ^ Ready, Joel A. "The 22nd Subpoena Doesn't Say What You Call back It Says". Blandon, Pennsylvania: Cornerstone Police force Firm. Archived from the original on January 14, 2021. Retrieved November 6, 2017.
25. ^ Franck, Matthew J. (July 31, 2007). "Constitutional Sleight of Hand". National Review. Archived from the original on June xiii, 2008. Retrieved June 12, 2008.
26. ^ Dorf, Michael C. (August ii, 2000). "Why the Constitution permits a Gore-Clinton ticket". CNN. Archived from the original on Oct 1, 2005.
27. ^ Gant, Scott E.; Peabody, Bruce G. (June 13, 2006). "How to bring back Beak: 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 xv, 2015). "Hillary Clinton: Pecker as VP has 'crossed her mind'". CNN. Archived from the original on January xiv, 2021. Retrieved October 29, 2015.
29. ^ Lemelin, Bernard Lemelin (Winter 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 support of Carleton Academy. 29 (three): 133–148. doi:10.3138/CRAS-029-03-06. S2CID 159908265.
30. ^ Reagan, Ronald (January 18, 1989). "President Reagan Says He Will Fight to Repeal 22nd Amendment". NBC Nightly News (Interview). Interviewed by Tom Brokaw. New York: NBC. Retrieved June 14, 2015.
31. ^ "Clinton: I Would've Won Third Term". ABC News. Dec 7, 2000. Archived from the original on January 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 as president". Business Insider. Archived from the original on Jan xiv, 2021. Retrieved September fourteen, 2019.
33. ^ Croucher, Shane (September xi, 2019). "Donald Trump Posts Image on Twitter, Instagram Joking That He'll Stand in 2024". Newsweek. Archived from the original on Jan 14, 2021. Retrieved September 14, 2019.
34. ^ "H.J.Res. 15 (113th): Proposing an amendment to the Constitution of the United States to repeal the twenty-second article of amendment, thereby removing the limitation on the number of terms an individual may serve as President". Washington, D.C.: GovTrack, a project of Civic Impulse, LLC. 2013. Archived from the original on January fourteen, 2021. Retrieved March 23, 2018.
35. ^ "Bill to Repeal the 22nd Subpoena". Snopes.com . Retrieved October 19, 2018.
36. ^ potus_geeks (February 27, 2012). "The 22nd Amendment". Archived from the original on January 14, 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

markusparienve1993.blogspot.com

Source: https://en.wikipedia.org/wiki/Twenty-second_Amendment_to_the_United_States_Constitution

Share this post