Can a Person Who Has Served Two Terms as President of the Usa Later Seek the Office Again

1951 subpoena limiting presidents to two terms

The Xx-2nd Amendment (Amendment XXII) to the United States Constitution limits the number of times a person is eligible for ballot to the office of President of the United States to two, and sets additional eligibility conditions 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 subpoena (neither Alaska nor Hawaii had yet been admitted as states), and its provisions came into force on that date.

The amendment prohibits anyone who has been elected president twice from beingness elected again. Under the amendment, someone who fills an unexpired presidential term lasting more than two years is also prohibited from being elected president more than one time. Scholars debate whether the amendment prohibits affected individuals from succeeding to the presidency under whatever circumstances or whether it applies but to presidential elections. Until the amendment's ratification, the president had not been discipline to term limits, but both George Washington and Thomas Jefferson (the first 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 first president to win third and fourth terms, giving rising to concerns about a president serving unlimited terms.^[two]

Text [edit]

Department 1. No person shall be elected to the function of the President more than twice, and no person who has held the role of President, or acted equally President, for more two years of a term to which some other person was elected President shall exist elected to the office of the President more than one time. But this Article shall non apply to any person holding the function of President when this Article was proposed by the Congress, and shall not prevent any person who may be belongings the role of President, or interim as President, during the term within which this Article becomes operative from holding the office of President or acting every bit President during the remainder of such term.

Department 2. This Commodity shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of 3-fourths of the several states within seven years from the date of its submission to the states past the Congress.^[three]

Groundwork [edit]

The Twenty-second Subpoena was a reaction to Franklin D. Roosevelt's election to an unprecedented 4 terms as president, just presidential term limits had long been debated in American politics. Delegates to the Constitutional Convention of 1787 considered the issue extensively (alongside broader questions, such every bit who would elect the president, and the president's role). Many, including Alexander Hamilton and James Madison, supported lifetime tenure for presidents, while others favored fixed terms. Virginia's George Mason denounced the life-tenure proposal as tantamount to elective monarchy.^[4] An early draft of the U.S. Constitution provided that the president was restricted to ane 7-year term.^[5] Ultimately, the Framers approved 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.South. presidents were contemplated during the presidencies of George Washington and Thomas Jefferson. As his second term entered its last year in 1796, Washington was exhausted from years of public service, and his wellness had begun to decline. He was besides 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 as president. For these reasons, he decided not to run for a 3rd term, a determination he appear to the nation in his September 1796 Bye Address.^[6] Eleven years subsequently, as Thomas Jefferson neared the halfway point of his second term, he wrote,

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

Since Washington made his historic announcement, numerous academics and public figures have looked at his decision to retire after two terms, and have, co-ordinate to political scientist Bruce Peabody, "argued he had established a two-term tradition that served as a vital check confronting any one person, or the presidency every bit a whole, accumulating besides much power".^[8] Various amendments aimed at changing breezy precedent to constitutional police force were proposed in Congress in the early to mid-19th century, but none passed.^{[4] [9]} 3 of the next four presidents after Jefferson—James Madison, James Monroe, and Andrew Jackson—served two terms, and each adhered to the ii-term principle;^[ane] Martin Van Buren was the just president between Jackson and Abraham Lincoln to be nominated for a second term, though he lost the 1840 ballot so served only one term.^[9] At the start of the Civil War the seceding States drafted the Constitution of the Confederate States of America, which in most respects resembled the United States Constitution, merely 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, there were serious discussions within Republican political circles about the possibility of his running over 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 after two terms. Even and so, as the 1880 election approached, he sought nomination for a (not-consecutive) third term at the 1880 Republican National Convention, just narrowly lost to James Garfield, who won the 1880 ballot.^[9]

Theodore Roosevelt succeeded to the presidency on September 14, 1901, following William McKinley'due south assassination (194 days into his 2nd term), and was handily elected to a full term in 1904. He declined to seek a tertiary (second full) term in 1908, but did run once again in the election of 1912, losing to Woodrow Wilson. Wilson himself, despite his ill health following a serious stroke, aspired to a third term. Many of his directorate tried to convince him that his health precluded some other entrada, but Wilson nonetheless asked that his proper noun 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 Yard. 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 third term. His Vice President, John Nance Garner, forth with Postmaster 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 simply if drafted, saying delegates were free to vote for whomever they pleased. This bulletin was interpreted to hateful he was willing to exist 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 engagement just) president to exceed eight years in part. His decision to seek a 3rd 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]

Iv years later, Roosevelt faced Republican Thomas East. Dewey in the 1944 ballot. Near the stop of the entrada, Dewey announced his support of a constitutional amendment to limit presidents to two terms. Co-ordinate to Dewey, "four terms, or xvi years (a straight reference to the president'due south tenure in office four years hence), is the most dangerous threat to our freedom ever proposed."^[14] He as well discreetly raised the consequence of the president's age. Roosevelt exuded enough energy and charisma to retain voters' confidence and was elected to a 4th term.^[15]

While he quelled rumors of poor wellness during the campaign, Roosevelt's health was deteriorating. On April 12, 1945, only 82 days after his quaternary inauguration, he suffered a cerebral hemorrhage and died, to exist succeeded by Vice President Harry Truman.^[xvi] In the midterm elections 18 months afterward, 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 ramble amendment that would limit how long a person could serve as president, the issue was given priority in the 80th Congress when it convened in January 1947.^[8]

Proposal and ratification [edit]

Proposal in Congress [edit]

The Firm of Representatives took quick action, approving a proposed constitutional subpoena (House Joint Resolution 27) setting a limit of two four-year terms for future presidents. Introduced past Earl C. Michener, the mensurate passed 285–121, with support from 47 Democrats, on February vi, 1947.^[17] Meanwhile, the Senate developed its own proposed subpoena, which initially differed from the House proposal past requiring that the amendment be submitted to land 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 ii terms from farther presidential service. Both these provisions were removed when the full Senate took up the bill, but a new provision was, however, added. Put frontwards 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 the states for ratification. The ratification process was completed on Feb 27, 1951, 3 years, 343 days after it was sent to the states.^{[19] [20]}

Ratification by united states of america [edit]

A map of how the states voted on the Twenty-2d 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 ane, 1947
4. Kansas: Apr 1, 1947
5. New Hampshire: April 1, 1947
6. Delaware: April 2, 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 xv, 1947
13. Ohio: April 16, 1947
14. Wisconsin: Apr xvi, 1947
15. Pennsylvania: April 29, 1947
16. Connecticut: May 21, 1947
17. Missouri: May 22, 1947
18. Nebraska: May 23, 1947
19. Virginia: January 28, 1948
20. Mississippi: Feb 12, 1948
21. New York: March 9, 1948
22. South Dakota: January 21, 1949
23. North Dakota: February 25, 1949
24. Louisiana: May 17, 1950
25. Montana: Jan 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: February xv, 1951
31. Georgia: Feb 17, 1951
32. Tennessee: Feb 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 1, 1951, the Administrator of Full general Services, Jess Larson, issued a certificate proclaiming the 22nd Amendment duly ratified and office of the Constitution. The amendment was afterward ratified by:^[3]
37. North Carolina: Feb 28, 1951
38. South Carolina: March 13, 1951
39. Maryland: March 14, 1951
40. Florida: April 16, 1951
41. Alabama: May iv, 1951

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

Effect [edit]

Because of the granddad clause in Section 1, the amendment did non apply to Harry S. Truman, every bit he was the incumbent president at the time it came into forcefulness. Truman, who had served nearly all of Franklin Roosevelt's unexpired fourth term and who was elected to a full term in 1948, was thus eligible for reelection in 1952.^[thirteen] But with his job blessing rating at around 27%,^{[21] [22]} and afterwards a poor performance in the 1952 New Hampshire primary, Truman chose not to seek his party's nomination. Since becoming operative in 1951, the amendment has been applicable to 6 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 Amendment [edit]

As worded, the focus of the 22nd Subpoena is on limiting individuals from beingness elected to the presidency more than twice. Questions accept been raised about the subpoena's significant and application, especially in relation to the twelfth Subpoena, ratified in 1804, which states, "no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the U.s.."^[23] While the 12th Amendment stipulates that the constitutional 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 ii-term former president could possibly be elected vice president and and then succeed to the presidency equally a result of the incumbent's death, resignation, or removal from function, or succeed to the presidency from some other stated part in the presidential line of succession.^{[9] [24]}

Some fence that the 22nd Amendment and 12th Amendment bar any two-term president from later serving equally vice president besides equally 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 Subpoena, concerns qualifications for ballot, and thus a quondam two-term president is even so 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 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 equally her running mate,^[28] the ramble question remains unresolved.^[1]

Attempts at repeal [edit]

Over the years, several presidents accept voiced their antipathy toward the amendment. After leaving office, Harry Truman described the amendment as stupid and 1 of the worst amendments of the Constitution with the exception of the Prohibition Amendment.^[29] A few days before leaving role in Jan 1989, President Ronald Reagan said he would push for a repeal of the 22nd Subpoena because he thought it infringed on people'south democratic rights.^[30] In a November 2000 interview with Rolling Stone, President Nib Clinton suggested that the 22nd Amendment should be altered to limit presidents to two consecutive terms but and so allow 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 about serving beyond the limits of the 22nd Amendment. During an April 2022 White House consequence for the Wounded Warrior Project, he suggested he would remain president for ten to 14 years.^{[32] [33]}

The first efforts in Congress to repeal the 22nd Amendment were undertaken in 1956, 5 years later on the amendment's ratification. Over the side by side 50 years, 54 joint resolutions seeking to repeal the two-term presidential election limit were introduced.^[1] Betwixt 1997 and 2013, José East. Serrano, Autonomous representative for New York, introduced nine resolutions (one per Congress, all unsuccessful) to repeal the subpoena.^[34] Repeal has also been supported by Representatives Barney Frank and David Dreier and Senators Mitch McConnell^[35] and Harry Reid.^[36]

Encounter also [edit]

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

References [edit]

1. ^ ^{a b c d due east} Neale, Thomas H. (October nineteen, 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'due south third-term election and the 22nd amendment". Philadelphia, Pennsylvania: National Constitution Center. Nov 5, 2020. Retrieved April 29, 2022.
3. ^ ^{a b c} "Constitution of the Usa of America: Assay and Interpretation" (PDF). Washington, D.C.: Library of Congress. August 26, 2017. pp. 39–xl. Retrieved March 22, 2018.
4. ^ ^{a b} Buckley, F. H.; Metzger, Gillian. "20-2d Amendment". The Interactive Constitution. Philadelphia, Pennsylvania: The National Constitution Center. Archived from the original on January 14, 2021. Retrieved March 19, 2018.
5. ^ Starting time typhoon UsCONST., art. X, section 1.
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-one-59691-465-0.
7. ^ Jefferson, Thomas (December 10, 1807). "Letter to the Legislature of Vermont". Ashland, Ohio: TeachingAmericanHistory.org. Archived from the original on Jan 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 Jan 10, 2017.
9. ^ ^{a b c d e f} Peabody, Bruce G.; Gant, Scott East. (Feb 1999). "The Twice and Future President: Ramble Interstices and the Xx-Second Amendment". Minnesota Constabulary Review. Minneapolis: University of Minnesota Police force 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 Half-dozen Presidents. New York: Carroll and Graf. pp. 187–200. ISBN978-0-78671-622-7.
11. ^ Saunders, Robert M. (1998). In Search of Woodrow Wilson: Beliefs and Beliefs. Westport, Connecticut: Greenwood Press. pp. 260–262. ISBN9780313305207.
12. ^ Rosen, Elliot A. (1997). "'Non Worth a Pitcher of Warm Piss': John Nance Garner equally Vice President". In Walch, Timothy (ed.). At the President'southward Side: The Vice Presidency in the Twentieth Century. Columbia, Missouri: Academy of Missouri Press. pp. 52–53. ISBN0-8262-1133-X . Retrieved March 20, 2018.
13. ^ ^{a b} "FDR'south 3rd-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. ^ Hashemite kingdom of 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 E. "Franklin D. Roosevelt: Campaigns and Elections". Charlottesville, Virginia: Miller Center of Public Affairs, Academy of Virginia. Archived from the original on Jan 14, 2021. Retrieved March 20, 2018.
16. ^ Leuchtenburg, William E. "Franklin D. Roosevelt: Death of the President". Charlottesville, Virginia: Miller Middle of Public Affairs, 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 express by 22nd Amendment". Tahlequah Daily Press. Archived from the original on January xiv, 2021. Retrieved March 22, 2018.
19. ^ "22nd Amendment: Ii-Term Limit on Presidency". constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Center. Archived from the original on February 20, 2020. Retrieved June vii, 2020.
20. ^ Mountain, Steve. "Ratification of Constitutional Amendments". usconstitution.internet. Archived from the original on April 23, 2018. Retrieved June 9, 2020.
21. ^ Weldon, Kathleen (August 11, 2015). "The Public and the 22nd Amendment: Third Terms and Lame Ducks". Huffington Post. Archived from the original on Jan 14, 2021. Retrieved March 27, 2018.
22. ^ Peters, Gerhard; Woolley, John T. "Presidential Chore Approval: F. Roosevelt (1941)—Trump". Information adapted from the Gallup Poll and compiled by Gerhard Peters. Santa Barbara, California: The American Presidency Project. Archived from the original on Jan fourteen, 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 11, 2018.
24. ^ Gear up, Joel A. "The 22nd Subpoena Doesn't Say What Y'all Think It Says". Blandon, Pennsylvania: Cornerstone Constabulary House. Archived from the original on January fourteen, 2021. Retrieved Nov 6, 2017.
25. ^ Franck, Matthew J. (July 31, 2007). "Constitutional Sleight of Hand". National Review. Archived from the original on June thirteen, 2008. Retrieved June 12, 2008.
26. ^ Dorf, Michael C. (Baronial ii, 2000). "Why the Constitution permits a Gore-Clinton ticket". CNN. Archived from the original on Oct ane, 2005.
27. ^ Gant, Scott Eastward.; Peabody, Bruce G. (June 13, 2006). "How to bring back Bill: A Clinton-Clinton 2008 ticket is constitutionally possible". The Christian Scientific discipline Monitor. Archived from the original on January 14, 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 xiv, 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 Press on behalf of the Canadian Association for American Studies with the support of Carleton University. 29 (3): 133–148. doi:ten.3138/CRAS-029-03-06. S2CID 159908265.
30. ^ Reagan, Ronald (Jan eighteen, 1989). "President Reagan Says He Volition Fight to Repeal 22nd Amendment". NBC Nightly News (Interview). Interviewed past Tom Brokaw. New York: NBC. Retrieved June fourteen, 2015.
31. ^ "Clinton: I Would've Won 3rd Term". ABC News. December seven, 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 2 terms as president". Business organization 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 14, 2019.
34. ^ "H.J.Res. xv (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 every bit President". Washington, D.C.: GovTrack, a project of Civic Impulse, LLC. 2013. Archived from the original on Jan 14, 2021. Retrieved March 23, 2018.
35. ^ "Bill 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 of america Constitution: Xx-second Amendment
• CRS Annotated Constitution: 20-second Subpoena

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

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