Can a Us President Run for Office Again

1951 amendment limiting presidents to two terms

The Twenty-2d 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 Us to two, and sets additional eligibility weather condition for presidents who succeed to the unexpired terms of their predecessors.^[1] Congress approved the Twenty-second 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 amendment (neither Alaska nor Hawaii had yet been admitted as states), and its provisions came into force on that appointment.

The amendment prohibits anyone who has been elected president twice from existence elected again. Under the amendment, someone who fills an unexpired presidential term lasting more than two years is as well prohibited from being elected president more than once. Scholars debate whether the amendment prohibits affected individuals from succeeding to the presidency nether any circumstances or whether it applies but to presidential elections. Until the amendment's ratification, the president had not been subject to term limits, but both George Washington and Thomas Jefferson (the starting time and third presidents) decided not to serve a third term, establishing a two-term tradition that subsequent presidents followed. In the 1940 and 1944 presidential elections, Franklin D. Roosevelt became the offset president to win 3rd and 4th terms, giving rise to concerns about a president serving unlimited terms.^[two]

Text [edit]

Section 1. No person shall be elected to the office of the President more than 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 another person was elected President shall be elected to the office of the President more than once. Simply this Commodity shall not apply to any person holding the part of President when this Article was proposed by the Congress, and shall not prevent whatever person who may be holding the office of President, or acting as President, during the term within which this Commodity becomes operative from holding the office of President or interim as President during the remainder of such term.

Department 2. This Article shall be inoperative unless information technology shall have been ratified equally an amendment to the Constitution past the legislatures of 3-fourths of the several states within vii years from the date of its submission to us past the Congress.^[iii]

Groundwork [edit]

The Xx-2d Amendment was a reaction to Franklin D. Roosevelt's 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 consequence 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 stock-still terms. Virginia's George Mason denounced the life-tenure proposal as tantamount to elective monarchy.^[4] An early typhoon of the U.S. Constitution provided that the president was restricted to i seven-year term.^[5] Ultimately, the Framers approved four-twelvemonth 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. As his second term entered its concluding year in 1796, Washington was exhausted from years of public service, and his health had begun to pass up. He was also bothered by his political opponents' unrelenting attacks, which had escalated later on the signing of the Jay Treaty, and believed he had accomplished his major goals equally president. For these reasons, he decided non to run for a 3rd term, a decision he announced to the nation in his September 1796 Farewell Address.^[6] Xi years later, equally Thomas Jefferson neared the halfway point of his second term, he wrote,

If some termination to the services of the chief magistrate exist not fixed by the Constitution, or supplied past practice, his office, nominally for years, will in fact, become for life; and history shows how easily that degenerates into an inheritance.^[7]

Since Washington made his celebrated annunciation, numerous academics and public figures take looked at his decision to retire later two terms, and take, co-ordinate to political scientist Bruce Peabody, "argued he had established a two-term tradition that served as a vital bank check against any one person, or the presidency as a whole, accumulating as well much power".^[8] Various amendments aimed at changing breezy precedent to ramble police force were proposed in Congress in the early to mid-19th century, but none passed.^{[four] [9]} Iii of the side by side four presidents after Jefferson—James Madison, James Monroe, and Andrew Jackson—served two terms, and each adhered to the 2-term principle;^[ane] Martin Van Buren was the merely president between Jackson and Abraham Lincoln to be nominated for a second term, though he lost the 1840 ballot then served merely 1 term.^[9] At the get-go of the Civil State of war the seceding States drafted the Constitution of the Confederate States of America, which in almost respects resembled the United States Constitution, simply 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. Following Ulysses S. Grant's reelection in 1872, at that place were serious discussions within Republican political circles most 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 subsequently two terms. Fifty-fifty so, equally the 1880 ballot approached, he sought nomination for a (non-consecutive) third term at the 1880 Republican National Convention, merely narrowly lost to James Garfield, who won the 1880 election.^[ix]

Theodore Roosevelt succeeded to the presidency on September 14, 1901, post-obit William McKinley's assassination (194 days into his 2d term), and was handily elected to a full term in 1904. He declined to seek a third (2d total) term in 1908, but did run again in the ballot 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 advisers tried to convince him that his health precluded another campaign, simply Wilson nonetheless asked that his name be placed in nomination for the presidency at the 1920 Democratic National Convention.^[ten] Autonomous Party leaders were unwilling to support Wilson, and the nomination went to James Yard. Cox, who lost to Warren Thousand. Harding. Wilson again contemplated running for a (nonconsecutive) tertiary term in 1924, devising a strategy for his comeback, merely again lacked any back up; he died in February of that yr.^[11]

Franklin Roosevelt spent the months leading up to the 1940 Democratic National Convention refusing to say whether he would seek a third term. His Vice President, John Nance Garner, forth with Postmaster Full general James Farley, announced their candidacies for the Democratic nomination. When the convention came, Roosevelt sent a message to the convention saying he would run only if drafted, proverb delegates were gratis 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 ballot.^{[9] [12]} Roosevelt won a decisive victory over Republican Wendell Willkie, condign the offset (and to date only) president to exceed eight years in office. His conclusion to seek a third term dominated the election entrada.^[thirteen] Willkie ran against the open-ended presidential tenure, while Democrats cited the state of war in Europe as a reason for breaking with precedent.^[9]

Four years later, Roosevelt faced Republican Thomas East. Dewey in the 1944 election. Near the finish of the campaign, Dewey appear his support of a ramble amendment to limit presidents to two terms. According to Dewey, "four terms, or sixteen years (a direct reference to the president's tenure in part four years hence), is the well-nigh dangerous threat to our freedom ever proposed."^[14] He too discreetly raised the outcome of the president'south 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'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 past Vice President Harry Truman.^[16] In the midterm elections 18 months later, Republicans took control of the Firm and the Senate. Every bit 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 as president, the issue was given priority in the 80th Congress when information technology convened in Jan 1947.^[8]

Proposal and ratification [edit]

Proposal in Congress [edit]

The Firm of Representatives took quick action, approval a proposed constitutional amendment (Business firm Joint Resolution 27) setting a limit of two four-yr terms for future presidents. Introduced by Earl C. Michener, the measure passed 285–121, with support from 47 Democrats, on Feb 6, 1947.^[17] Meanwhile, the Senate developed its own proposed amendment, which initially differed from the House proposal by requiring that the amendment be submitted to state ratifying conventions for ratification, rather than to the state legislatures, and by prohibiting any person who had served more than 365 days in each of two terms from farther presidential service. Both these provisions were removed when the full Senate took up the pecker, only a new provision was, however, 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 be elected to part. The amended proposal was passed 59–23, with 16 Democrats in favor, on March 12.^{[one] [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 hereafter presidents was submitted to the states for ratification. The ratification procedure was completed on February 27, 1951, three years, 343 days later on information technology was sent to the states.^{[19] [20]}

Ratification by united states of america [edit]

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

In one case submitted to the states, the 22nd Amendment was ratified by:^[three]

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

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

Effect [edit]

Because of the granddad clause in Section 1, the amendment did non employ to Harry South. Truman, as he was the incumbent president at the time information technology came into force. Truman, who had served nearly all of Franklin Roosevelt'due south unexpired quaternary term and who was elected to a full term in 1948, was thus eligible for reelection in 1952.^[thirteen] But with his task approving rating at effectually 27%,^{[21] [22]} and afterwards a poor performance in the 1952 New Hampshire chief, Truman chose not to seek his political party'southward nomination. Since becoming operative in 1951, the subpoena has been applicative to half-dozen presidents who have been elected twice: Dwight D. Eisenhower, Richard Nixon, Ronald Reagan, Neb Clinton, George W. Bush, and Barack Obama.

Interaction with the Twelfth 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 have been raised about the amendment's meaning and awarding, especially in relation to the 12th Amendment, ratified in 1804, which states, "no person constitutionally ineligible to the office of President shall exist eligible to that of Vice-President of the United States."^[23] While the 12th Amendment stipulates that the ramble qualifications of age, citizenship, and residency apply 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 quondam president could peradventure exist elected vice president and and so succeed to the presidency as a result of the incumbent'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 fence that the 22nd Amendment and 12th Subpoena bar any 2-term president from later serving as vice president as well every bit from succeeding to the presidency from whatever point in the presidential line of succession.^[25] Others fence that the original intent of the 12th Amendment concerns qualification for service (historic period, residence, and citizenship), while the 22nd Amendment, concerns qualifications for election, and thus a erstwhile 2-term president is nevertheless eligible to serve as vice president. Neither amendment restricts the number of times someone tin be elected to the vice presidency 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, as no twice-elected president has ever 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 take voiced their antipathy toward the amendment. After leaving office, Harry Truman described the amendment every bit stupid and 1 of the worst amendments of the Constitution with the exception of the Prohibition Amendment.^[29] A few days earlier leaving role in Jan 1989, President Ronald Reagan said he would push for a repeal of the 22nd Amendment considering he thought it infringed on people's democratic rights.^[xxx] In a November 2000 interview with Rolling Rock, President Nib Clinton suggested that the 22nd Amendment should be altered to limit presidents to two consecutive terms but then allow non-sequent terms, because of longer life expectancies.^[31] Donald Trump questioned presidential term limits on multiple occasions while in role, and in public remarks talked virtually serving beyond the limits of the 22nd Amendment. During an Apr 2022 White Firm issue 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 after the subpoena's ratification. Over the adjacent 50 years, 54 joint resolutions seeking to repeal the two-term presidential ballot limit were introduced.^[1] Betwixt 1997 and 2013, José E. Serrano, Autonomous representative for New York, introduced ix resolutions (one per Congress, all unsuccessful) to repeal the amendment.^[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's third-term election and the 22nd amendment". Philadelphia, Pennsylvania: National Constitution Eye. November 5, 2020. Retrieved April 29, 2022.
3. ^ ^{a b c} "Constitution of the United States of America: Analysis and Estimation" (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 Amendment". The Interactive Constitution. Philadelphia, Pennsylvania: The National Constitution Center. Archived from the original on January 14, 2021. Retrieved March 19, 2018.
5. ^ First draft UsaCONST., art. X, section one.
6. ^ Ferling, John (2009). The Ascent of George Washington: The Hidden Political Genius of an American Icon. New York: Bloomsbury Press. pp. 347–348. ISBN978-1-59691-465-0.
7. ^ Jefferson, Thomas (December x, 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 Yard.; Gant, Scott E. (February 1999). "The Twice and Futurity President: Ramble Interstices and the Twenty-Second Amendment". Minnesota Constabulary Review. Minneapolis: Academy of Minnesota Law Schoolhouse. 83 (three): 565–635. Archived from the original on Jan 15, 2013. Retrieved June 12, 2015.
10. ^ Pietrusza, David (2007). The Year of the Vi 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 Behavior. Westport, Connecticut: Greenwood Press. pp. 260–262. ISBN9780313305207.
12. ^ Rosen, Elliot A. (1997). "'Not Worth a Pitcher of Warm Piss': John Nance Garner every bit 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's third-term decision and the 22nd amendment". Constitution Daily. Philadelphia, Pennsylvania: The National Constitution Center. 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 Academy Printing. p. 290. ISBN978-0-253-35683-3.
15. ^ Leuchtenburg, William Eastward. "Franklin D. Roosevelt: Campaigns and Elections". Charlottesville, Virginia: Miller Center of Public Affairs, University of Virginia. Archived from the original on January xiv, 2021. Retrieved March twenty, 2018.
16. ^ Leuchtenburg, William E. "Franklin D. Roosevelt: Expiry of the President". Charlottesville, Virginia: Miller Center of Public Diplomacy, University of Virginia. Archived from the original on January xiv, 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: Two-Term Limit on Presidency". constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Center. 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 April 23, 2018. Retrieved June 9, 2020.
21. ^ Weldon, Kathleen (August eleven, 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 Chore Approving: 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 January 14, 2021. Retrieved March 27, 2018.
23. ^ "The Constitution: Amendments 11-27". America'due south 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 Think Information technology Says". Blandon, Pennsylvania: Cornerstone Law Firm. Archived from the original on Jan 14, 2021. Retrieved Nov 6, 2017.
25. ^ Franck, Matthew J. (July 31, 2007). "Constitutional Sleight of Mitt". National Review. Archived from the original on June xiii, 2008. Retrieved June 12, 2008.
26. ^ Dorf, Michael C. (August 2, 2000). "Why the Constitution permits a Gore-Clinton ticket". CNN. Archived from the original on October one, 2005.
27. ^ Gant, Scott Eastward.; Peabody, Bruce G. (June 13, 2006). "How to bring back Nib: A Clinton-Clinton 2008 ticket is constitutionally possible". The Christian Science Monitor. Archived from the original on January xiv, 2021. Retrieved June 12, 2008.
28. ^ LoBianco, Tom (September 15, 2015). "Hillary Clinton: Bill as VP has 'crossed her listen'". CNN. Archived from the original on January 14, 2021. Retrieved Oct 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. University of Toronto Press on behalf of the Canadian Clan for American Studies with the support of Carleton University. 29 (3): 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 fourteen, 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 Insider. Archived from the original on January 14, 2021. Retrieved September 14, 2019.
33. ^ Croucher, Shane (September 11, 2019). "Donald Trump Posts Prototype on Twitter, Instagram Joking That He'll Stand in 2024". Newsweek. Archived from the original on January 14, 2021. Retrieved September xiv, 2019.
34. ^ "H.J.Res. 15 (113th): Proposing an amendment to the Constitution of the United states of america to repeal the twenty-second article of amendment, thereby removing the limitation on the number of terms an individual may serve equally President". Washington, D.C.: GovTrack, a project of Civic Impulse, LLC. 2013. Archived from the original on January xiv, 2021. Retrieved March 23, 2018.
35. ^ "Neb to Repeal the 22nd Amendment". Snopes.com . Retrieved October 19, 2018.
36. ^ potus_geeks (Feb 27, 2012). "The 22nd Amendment". Archived from the original on January 14, 2021. Retrieved October 19, 2018.

External links [edit]

• The Annenberg Guide to the United States Constitution: 20-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

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