Can You Run for a Third Term as President

1951 amendment limiting presidents to two terms

The 20-2nd Amendment (Amendment XXII) to the United States Constitution limits the number of times a person is eligible for election to the role of President of the Usa to two, and sets additional eligibility conditions for presidents who succeed to the unexpired terms of their predecessors.^[1]

Until the amendment's ratification, the president had not been subject field to term limits, but George Washington had established a ii-term tradition that many other presidents followed. In the 1940 presidential election and the 1944 presidential ballot, Franklin D. Roosevelt became the starting time president to win 3rd and fourth terms, giving rise to concerns about a president serving an unlimited number of terms. Subsequently Roosevelt's 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.^[2] Congress approved the Twenty-2nd Amendment on March 21, 1947, and submitted it to the land 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 every bit states), and its provisions came into force on that date.

The amendment prohibits anyone who has been elected president twice from being elected again. Under the amendment, someone who fills an unexpired presidential term lasting more than ii years is also prohibited from beingness elected president more than once. Scholars contend whether the amendment prohibits afflicted individuals from succeeding to the presidency under whatsoever circumstances or whether it applies but to presidential elections.

Text [edit]

Section i. No person shall be elected to the office of the President more than twice, and no person who has held the function 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 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 any person who may be belongings the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.

Department ii. This Article shall be inoperative unless it shall have been ratified as an amendment 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.^[3]

Background [edit]

The Xx-second Amendment was a reaction to Franklin D. Roosevelt's election to an unprecedented four terms as president, but 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'south role). Many, including Alexander Hamilton and James Madison, supported lifetime tenure for presidents, while others favored fixed terms. Virginia'south George Mason 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 i 7-yr term.^[5] Ultimately, the Framers approved four-twelvemonth terms with no brake on how many times a person could exist elected president.

Though dismissed by the Constitutional Convention, term limits for U.Southward. presidents were contemplated during the presidencies of George Washington and Thomas Jefferson. Equally his 2nd term entered its final twelvemonth in 1796, Washington was exhausted from years of public service, and his wellness had begun to pass up. He was also bothered past his political opponents' unrelenting attacks, which had escalated afterwards 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 Farewell Address.^[6] Xi years later, as Thomas Jefferson neared the halfway indicate of his second term, he wrote,

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

Since Washington made his historic declaration, numerous academics and public figures take looked at his determination to retire after two terms, and have, co-ordinate to political scientist Bruce Peabody, "argued he had established a ii-term tradition that served every bit a vital bank check confronting any one person, or the presidency as a whole, accumulating too much power".^[8] Various amendments aimed at irresolute informal precedent to constitutional law were proposed in Congress in the early to mid-19th century, but none passed.^{[four] [9]} Three of the next iv 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 exist nominated for a 2nd term, though he lost the 1840 election and then served merely one term.^[9] At the outset of the Civil War the seceding States drafted the Constitution of the Confederate States of America, which in most respects resembled the The states Constitution, but limited the president to a single half dozen-year term.

In spite of the strong two-term tradition, a few presidents earlier Roosevelt attempted to secure a third term. Following Ulysses S. Grant's reelection in 1872, in that location were serious discussions within Republican political circles near the possibility of his running again in 1876. But interest in a third term for Grant evaporated in the low-cal of negative public opinion and opposition from members of Congress, and Grant left the presidency in 1877 after two terms. Nevertheless, as the 1880 election approached, he sought nomination for a (non-consecutive) 3rd term at the 1880 Republican National Convention, but narrowly lost to James Garfield, who won the 1880 election.^[nine]

Theodore Roosevelt succeeded to the presidency on September xiv, 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 ballot of 1912, losing to Woodrow Wilson. Wilson himself, despite his sick wellness following a serious stroke, aspired to a third term. Many of his advisers tried to convince him that his health precluded another campaign, simply Wilson still asked that his name exist placed in nomination for the presidency at the 1920 Democratic National Convention.^[x] Democratic Party leaders were unwilling to support Wilson, and the nomination went to James M. Cox, who lost to Warren G. Harding. Wilson over again contemplated running for a (nonconsecutive) third term in 1924, devising a strategy for his comeback, but again lacked any support; he died in February of that year.^[11]

Franklin Roosevelt spent the months leading up to the 1940 Democratic National Convention refusing to say whether he would seek a 3rd 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 bulletin to the convention proverb he would run only if drafted, saying delegates were free to vote for whomever they pleased. This message was interpreted to mean he was willing to be drafted, and he was renominated on the convention'south get-go election.^{[9] [12]} Roosevelt won a decisive victory over Republican Wendell Willkie, condign the starting time (and to date but) president to exceed viii years in office. His conclusion to seek a third term dominated the election campaign.^[13] Willkie ran against the open up-ended presidential tenure, while Democrats cited the war in Europe as a reason for breaking with precedent.^[9]

4 years later, Roosevelt faced Republican Thomas E. Dewey in the 1944 election. Virtually the end of the entrada, Dewey announced his back up of a constitutional amendment to limit presidents to two terms. According to Dewey, "four terms, or 16 years (a direct reference to the president's tenure in role four years hence), is the nearly unsafe threat to our freedom ever proposed."^[14] He too discreetly raised the upshot 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 Apr 12, 1945, merely 82 days afterwards his 4th inauguration, he suffered a cognitive hemorrhage and died, to exist succeeded by Vice President Harry Truman.^[sixteen] In the midterm elections 18 months later, Republicans took control of the Firm and the Senate. As many of them had campaigned on the consequence of presidential tenure, declaring their support for a constitutional amendment that would limit how long a person could serve equally 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 Business firm of Representatives took quick action, blessing a proposed constitutional amendment (Firm Joint Resolution 27) setting a limit of two 4-year terms for future presidents. Introduced by Earl C. Michener, the measure out passed 285–121, with support from 47 Democrats, on February vi, 1947.^[17] Meanwhile, the Senate developed its own proposed amendment, 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 past prohibiting any person who had served more than 365 days in each of two terms from further presidential service. Both these provisions were removed when the full Senate took up the bill, but a new provision was, however, added. Put forwards by Robert A. Taft, it clarified procedures governing the number of times a vice president who succeeded to the presidency might exist elected to part. The amended proposal was passed 59–23, with sixteen Democrats in favor, on March 12.^{[1] [18]}

On March 21, the House agreed to the Senate's revisions and approved the resolution to ameliorate 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 it was sent to the states.^{[19] [xx]}

Ratification by the states [edit]

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

Once submitted to the states, the 22nd Amendment was ratified by:^[iii]

1. Maine: March 31, 1947
2. Michigan: March 31, 1947
3. Iowa: April 1, 1947
4. Kansas: April ane, 1947
5. New Hampshire: April 1, 1947
6. Delaware: Apr two, 1947
7. Illinois: April 3, 1947
8. Oregon: April three, 1947
9. Colorado: April 12, 1947
10. California: April 15, 1947
11. New Jersey: April 15, 1947
12. Vermont: April 15, 1947
13. Ohio: Apr 16, 1947
14. Wisconsin: April sixteen, 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 9, 1948
22. S Dakota: January 21, 1949
23. North Dakota: February 25, 1949
24. Louisiana: May 17, 1950
25. Montana: January 25, 1951
26. Indiana: Jan 29, 1951
27. Idaho: January 30, 1951
28. New Mexico: Feb 12, 1951
29. Wyoming: February 12, 1951
30. Arkansas: February fifteen, 1951
31. Georgia: February 17, 1951
32. Tennessee: February xx, 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 1, 1951, the Administrator of General Services, Jess Larson, issued a certificate proclaiming the 22nd Amendment duly ratified and part of the Constitution. The amendment was later 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 Island, Washington, and Due west Virginia) took no action.^[18]

Effect [edit]

Considering of the grandfather clause in Department one, the amendment did not apply to Harry Southward. Truman, as he was the incumbent president at the time it came into forcefulness. Truman, who had served virtually 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.^[thirteen] Simply with his job approval 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 subpoena has been applicable to six presidents who have been elected twice: Dwight D. Eisenhower, Richard Nixon, Ronald Reagan, Bill Clinton, George Westward. Bush, and Barack Obama.

Interaction with the Twelfth Amendment [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 awarding, especially in relation to the 12th Amendment, ratified in 1804, which states, "no person constitutionally ineligible to the role of President shall be 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 utilise to the president and vice president, it is unclear whether someone who is ineligible to exist 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 as a outcome of the incumbent's death, resignation, or removal from role, or succeed to the presidency from some other stated function in the presidential line of succession.^{[9] [24]}

Some argue that the 22nd Amendment and 12th Amendment bar whatsoever 2-term president from later serving as vice president likewise 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 ballot, and thus a former 2-term president is still eligible to serve as vice president. Neither subpoena restricts the number of times someone can exist elected to the vice presidency and and then succeed to the presidency to serve out the residual of the term, although the person could be prohibited from running for election to an additional term.^{[26] [27]}

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

Attempts at repeal [edit]

Over the years, several presidents accept voiced their antipathy toward the amendment. Later on 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 earlier leaving role in January 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.^[30] In a Nov 2000 interview with Rolling Rock, President Bill Clinton suggested that the 22nd Amendment should be altered to limit presidents to two sequent terms, just and then let non-consecutive terms, considering of longer life expectancies.^[31] Donald Trump questioned presidential term limits on multiple occasions while in office, and in public remarks talked virtually serving beyond the limits of the 22nd Amendment. During an April 2022 White House event for the Wounded Warrior Project, he suggested he would remain president for 10 to 14 years.^{[32] [33]}

The showtime efforts in Congress to repeal the 22nd Amendment were undertaken in 1956, five years later the amendment'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, Autonomous representative for New York, introduced nine resolutions (one per Congress, all unsuccessful) to repeal the subpoena.^[34] Repeal has likewise 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
• List of political term limits

References [edit]

1. ^ ^{a b c d eastward} Neale, Thomas H. (October nineteen, 2009). "Presidential Terms and Tenure: Perspectives and Proposals for Modify" (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 election and the 22nd amendment - National Constitution Heart". National Constitution Heart – constitutioncenter.org . Retrieved September thirty, 2021.
3. ^ ^{a b c} "Constitution of the The states: Analysis and Interpretation" (PDF). Washington, D.C.: Library of Congress. August 26, 2017. pp. 39–40. Retrieved March 22, 2018.
4. ^ ^{a b} Buckley, F. H.; Metzger, Gillian. "Xx-2d Amendment". The Interactive Constitution. Philadelphia, Pennsylvania: The National Constitution Center. Archived from the original on January fourteen, 2021. Retrieved March 19, 2018.
5. ^ First draft U.S.CONST., art. X, section ane.
6. ^ Ferling, John (2009). The Ascent of George Washington: The Subconscious Political Genius of an American Icon. New York: Bloomsbury Press. pp. 347–348. ISBN978-ane-59691-465-0.
7. ^ Jefferson, Thomas (December 10, 1807). "Letter to the Legislature of Vermont". Ashland, Ohio: TeachingAmericanHistory.org. Archived from the original on January xiv, 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 G.; Gant, Scott E. (Feb 1999). "The Twice and Future President: Constitutional Interstices and the Twenty-Second Subpoena". Minnesota Law Review. Minneapolis: University of Minnesota Law Schoolhouse. 83 (3): 565–635. Archived from the original on Jan 15, 2013. Retrieved June 12, 2015.
10. ^ Pietrusza, David (2007). The Twelvemonth of the 6 Presidents. New York: Carroll and Graf. pp. 187–200. ISBN978-0-78671-622-seven.
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. ISBN0-8262-1133-10 . 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 Jan 14, 2021. Retrieved June 29, 2014.
14. ^ Jordan, David M. (2011). FDR, Dewey, and the Ballot of 1944. Bloomington, Indiana: Indiana Academy Press. p. 290. ISBN978-0-253-35683-3.
15. ^ Leuchtenburg, William Eastward. "Franklin D. Roosevelt: Campaigns and Elections". Charlottesville, Virginia: Miller Centre of Public Diplomacy, University of Virginia. Archived from the original on January fourteen, 2021. Retrieved March 20, 2018.
16. ^ Leuchtenburg, William E. "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 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 past 22nd Amendment". Tahlequah Daily Printing. Archived from the original on January fourteen, 2021. Retrieved March 22, 2018.
19. ^ "22nd Subpoena: 2-Term Limit on Presidency". constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Center. Archived from the original on February xx, 2020. Retrieved June seven, 2020.
20. ^ Mount, Steve. "Ratification of Ramble Amendments". usconstitution.net. 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. 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". 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 11-27". America'southward Founding Documents. Washington, D.C.: National Archives. Archived from the original on January fourteen, 2021. Retrieved March eleven, 2018.
24. ^ Ready, Joel A. "The 22nd Amendment Doesn't Say What You Call up It Says". Blandon, Pennsylvania: Cornerstone Constabulary 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 13, 2008. Retrieved June 12, 2008.
26. ^ Dorf, Michael C. (Baronial 2, 2000). "Why the Constitution permits a Gore-Clinton ticket". CNN. Archived from the original on October i, 2005.
27. ^ Gant, Scott E.; Peabody, Bruce Chiliad. (June thirteen, 2006). "How to bring dorsum Bill: 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 fifteen, 2015). "Hillary Clinton: Bill equally VP has 'crossed her heed'". 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 Commission Against 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 (3): 133–148. doi:10.3138/CRAS-029-03-06. S2CID 159908265.
30. ^ Reagan, Ronald (Jan 18, 1989). "President Reagan Says He Volition 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. December vii, 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 ii terms as president". Concern Insider. Archived from the original on January xiv, 2021. Retrieved September 14, 2019.
33. ^ Croucher, Shane (September eleven, 2019). "Donald Trump Posts Image on Twitter, Instagram Joking That He'll Stand in 2024". Newsweek. Archived from the original on January 14, 2021. Retrieved September 14, 2019.
34. ^ "H.J.Res. 15 (113th): Proposing an amendment to the Constitution of the U.s.a. to repeal the twenty-2d 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 Borough Impulse, LLC. 2013. Archived from the original on January xiv, 2021. Retrieved March 23, 2018.
35. ^ "Bill to Repeal the 22nd Subpoena". Snopes.com . Retrieved Oct 19, 2018.
36. ^ potus_geeks (February 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: 20-2d Amendment
• CRS Annotated Constitution: Twenty-second Subpoena

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

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