Can a President Run Again if

1951 amendment limiting presidents to two terms

The Xx-second Subpoena (Amendment XXII) to the The states Constitution limits the number of times a person is eligible for election to the function of President of the U.s.a. to two, and sets boosted eligibility weather for presidents who succeed to the unexpired terms of their predecessors.^[one]

Until the subpoena'due south ratification, the president had not been subject area to term limits, merely George Washington had established a two-term tradition that many other presidents followed. But in the 1940 and 1944 presidential elections, Franklin D. Roosevelt became the first president to win third and fourth terms, giving ascension to concerns about a president serving unlimited terms. Afterward Roosevelt's 1945 death, Republicans and conservative Democrats were swept into Congress in the 1946 elections and were in position to propose an amendment restricting the number of presidential terms.^[ii] Congress approved the Twenty-second Amendment on March 21, 1947, and submitted information technology 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 equally states), and its provisions came into forcefulness on that appointment.

The amendment prohibits anyone who has been elected president twice from beingness elected again. Under the subpoena, someone who fills an unexpired presidential term lasting more than two years is besides prohibited from being elected president more than in one case. Scholars debate whether the amendment prohibits affected individuals from succeeding to the presidency under any circumstances or whether it applies only to presidential elections.

Text [edit]

Section i. No person shall be elected to the office of the President more than twice, and no person who has held the role of President, or acted as President, for more two years of a term to which some other person was elected President shall be elected to the role of the President more than once. Only this Article shall non apply to any person property the function of President when this Commodity was proposed by the Congress, and shall non prevent any person who may be holding 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 as President during the remainder of such term.

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

Background [edit]

The Twenty-second Amendment was a reaction to Franklin D. Roosevelt's election to an unprecedented four terms as president, only 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 equally who would elect the president, and the president's part). 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 draft of the U.S. Constitution provided that the president was restricted to i seven-year term.^[5] Ultimately, the Framers approved four-year terms with no brake on how many times a person could exist 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. Equally his second term entered its last yr in 1796, Washington was exhausted from years of public service, and his health 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 achieved his major goals equally president. For these reasons, he decided not to run for a tertiary term, a decision he announced to the nation in his September 1796 Farewell Address.^{[half dozen]} Eleven years after, equally Thomas Jefferson neared the halfway signal of his 2d term, he wrote,

If some termination to the services of the chief magistrate be not fixed by the Constitution, or supplied by practice, his office, nominally for years, volition in fact, become 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 conclusion to retire after two terms, and take, according to political scientist Bruce Peabody, "argued he had established a two-term tradition that served as a vital check against any i person, or the presidency as a whole, accumulating as well much power".^[8] Diverse amendments aimed at irresolute informal precedent to constitutional law were proposed in Congress in the early to mid-19th century, but none passed.^{[4] [9]} 3 of the side by side 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 betwixt Jackson and Abraham Lincoln to be nominated for a second term, though he lost the 1840 election then served merely 1 term.^[9] At the showtime of the Civil War the seceding States drafted the Constitution of the Confederate States of America, which in most respects resembled the United states of america Constitution, but limited the president to a unmarried half-dozen-twelvemonth term.

In spite of the strong ii-term tradition, a few presidents earlier Roosevelt attempted to secure a third term. Post-obit Ulysses Southward. Grant's reelection in 1872, at that place were serious discussions inside Republican political circles about the possibility of his running again in 1876. But interest in a third term for Grant evaporated in the calorie-free of negative public opinion and opposition from members of Congress, and Grant left the presidency in 1877 subsequently two terms. Even and so, as the 1880 election approached, he sought nomination for a (non-sequent) third term at the 1880 Republican National Convention, simply narrowly lost to James Garfield, who won the 1880 ballot.^[9]

Theodore Roosevelt succeeded to the presidency on September fourteen, 1901, following William McKinley'due south bump-off (194 days into his 2nd term), and was handily elected to a full term in 1904. He declined to seek a third (second full) term in 1908, only did run over again in the election of 1912, losing to Woodrow Wilson. Wilson himself, despite his sick health following a serious stroke, aspired to a 3rd term. Many of his advisers tried to convince him that his health precluded some other campaign, but Wilson still asked that his name be placed in nomination for the presidency at the 1920 Democratic National Convention.^[10] Democratic Party leaders were unwilling to support Wilson, and the nomination went to James M. Cox, who lost to Warren Yard. Harding. Wilson once more contemplated running for a (nonconsecutive) third term in 1924, devising a strategy for his improvement, only once again lacked any support; he died in February of that year.^[eleven]

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, along with Postmaster General James Farley, announced their candidacies for the Democratic nomination. When the convention came, Roosevelt sent a bulletin to the convention proverb he would run only if drafted, proverb delegates were gratuitous to vote for whomever they pleased. This bulletin was interpreted to mean he was willing to exist drafted, and he was renominated on the convention's first election.^{[nine] [12]} Roosevelt won a decisive victory over Republican Wendell Willkie, becoming the get-go (and to date but) president to exceed eight years in office. His decision to seek a tertiary term dominated the election entrada.^[thirteen] Willkie ran against the open-concluded presidential tenure, while Democrats cited the war in Europe as a reason for breaking with precedent.^[nine]

Four years later, Roosevelt faced Republican Thomas E. Dewey in the 1944 ballot. Near the end of the campaign, Dewey announced his support of a constitutional amendment to limit presidents to ii terms. According to Dewey, "four terms, or sixteen years (a straight reference to the president'due south tenure in part four years hence), is the nigh dangerous threat to our liberty ever proposed."^[14] He also discreetly raised the issue of the president'due south age. Roosevelt exuded enough energy and charisma to retain voters' conviction 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 by Vice President Harry Truman.^[xvi] In the midterm elections xviii months afterwards, Republicans took control of the Business firm and the Senate. Equally many of them had campaigned on the issue of presidential tenure, declaring their back up 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 January 1947.^[8]

Proposal and ratification [edit]

Proposal in Congress [edit]

The Firm of Representatives took quick activity, approving a proposed constitutional amendment (House Articulation Resolution 27) setting a limit of two four-year terms for future presidents. Introduced past Earl C. Michener, the measure passed 285–121, with support from 47 Democrats, on February six, 1947.^[17] Meanwhile, the Senate adult 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 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 bill, only a new provision was, nevertheless, 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 office. The amended proposal was passed 59–23, with 16 Democrats in favor, on March 12.^{[1] [18]}

On March 21, the Business firm agreed to the Senate's revisions and approved the resolution to ameliorate the Constitution. Subsequently, the subpoena imposing term limitations on future presidents was submitted to united states for ratification. The ratification process was completed on February 27, 1951, 3 years, 343 days afterwards it was sent to u.s..^{[19] [twenty]}

Ratification by united states of america [edit]

A map of how u.s.a. voted on the Xx-second Amendment

Once submitted to united states of america, 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 one, 1947
5. New Hampshire: April 1, 1947
6. Delaware: Apr 2, 1947
7. Illinois: April 3, 1947
8. Oregon: Apr iii, 1947
9. Colorado: April 12, 1947
10. California: Apr 15, 1947
11. New Jersey: April 15, 1947
12. Vermont: April xv, 1947
13. Ohio: Apr 16, 1947
14. Wisconsin: April 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 ix, 1948
22. South Dakota: Jan 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 thirty, 1951
28. New Mexico: February 12, 1951
29. Wyoming: Feb 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 i, 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 subsequently ratified by:^[iii]
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 4, 1951

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

Effect [edit]

Because of the grandfather clause in Department 1, the amendment did not utilize to Harry S. Truman, equally he was the incumbent president at the fourth dimension information technology came into forcefulness. Truman, who had served nearly all of Franklin Roosevelt'southward unexpired quaternary term and who was elected to a full term in 1948, was thus eligible for reelection in 1952.^[thirteen] But with his job approval rating at around 27%,^{[21] [22]} and after a poor performance in the 1952 New Hampshire master, Truman chose non to seek his party's nomination. Since becoming operative in 1951, the amendment has been applicable to half dozen presidents who take been elected twice: Dwight D. Eisenhower, Richard Nixon, Ronald Reagan, Bill Clinton, George West. 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 take been raised most the amendment'southward meaning and application, especially in relation to the 12th Amendment, ratified in 1804, which states, "no person constitutionally ineligible to the function of President shall be eligible to that of Vice-President of the U.s.a.."^[23] While the 12th Subpoena stipulates that the constitutional qualifications of age, citizenship, and residency utilize 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. Considering of the ambiguity, a two-term old president could possibly be elected vice president and and so succeed to the presidency every bit a event of the incumbent's death, resignation, or removal from office, or succeed to the presidency from another stated function in the presidential line of succession.^{[ix] [24]}

Some contend that the 22nd Amendment and 12th Subpoena bar any two-term president from later serving equally vice president as well as from succeeding to the presidency from whatever point in the presidential line of succession.^[25] Others contend 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 former two-term president is notwithstanding eligible to serve as vice president. Neither amendment restricts the number of times someone can be elected to the vice presidency and so succeed to the presidency to serve out the balance of the term, although the person could exist prohibited from running for election to an additional term.^{[26] [27]}

The practical applicability of this distinction has non been tested, equally no twice-elected president has ever been nominated for the vice presidency. While Hillary Clinton one time 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 have voiced their antipathy toward the amendment. Later on leaving office, Harry Truman described the amendment as stupid and i of the worst amendments of the Constitution with the exception of the Prohibition Amendment.^[29] A few days before leaving office in January 1989, President Ronald Reagan said he would push for a repeal of the 22nd Amendment because he thought information technology infringed on people's autonomous rights.^[30] In a November 2000 interview with Rolling Stone, President Bill Clinton suggested that the 22nd Subpoena should be altered to limit presidents to two consecutive terms only then allow non-consecutive terms, because of longer life expectancies.^[31] Donald Trump questioned presidential term limits on multiple occasions while in function, and in public remarks talked about serving beyond the limits of the 22nd Amendment. During an April 2019 White Business firm event for the Wounded Warrior Project, he suggested he would remain president for 10 to xiv years.^{[32] [33]}

The showtime efforts in Congress to repeal the 22nd Subpoena were undertaken in 1956, v years later on the amendment's ratification. Over the side by side fifty years, 54 articulation resolutions seeking to repeal the 2-term presidential election limit were introduced.^[1] Betwixt 1997 and 2013, José E. Serrano, Democratic representative for New York, introduced nine resolutions (1 per Congress, all unsuccessful) to repeal the amendment.^[34] Repeal has as well been supported by Representatives Barney Frank and David Dreier and Senators Mitch McConnell^[35] and Harry Reid.^[36]

Meet also [edit]

• Term limits in the U.s.
• List 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 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 Eye". National Constitution Middle – constitutioncenter.org . Retrieved September 30, 2021.
3. ^ ^{a b c} "Constitution of the The states of America: 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. "Twenty-second Amendment". The Interactive Constitution. Philadelphia, Pennsylvania: The National Constitution Eye. Archived from the original on January 14, 2021. Retrieved March 19, 2018.
5. ^ First typhoon U.S.CONST., art. X, section 1.
6. ^ Ferling, John (2009). The Rising 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). "Alphabetic character 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 Jan 10, 2017.
9. ^ ^{a b c d eastward f} Peabody, Bruce G.; Gant, Scott E. (Feb 1999). "The Twice and Future President: Ramble Interstices and the 20-Second Amendment". Minnesota Law Review. Minneapolis: University of Minnesota Police force School. 83 (3): 565–635. Archived from the original on January 15, 2013. Retrieved June 12, 2015.
10. ^ Pietrusza, David (2007). The Twelvemonth of the Six Presidents. New York: Carroll and Graf. pp. 187–200. ISBN978-0-78671-622-7.
11. ^ Saunders, Robert G. (1998). In Search of Woodrow Wilson: Beliefs and Behavior. Westport, Connecticut: Greenwood Press. pp. 260–262. ISBN9780313305207.
12. ^ Rosen, Elliot A. (1997). "'Non 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-X . Retrieved March 20, 2018.
13. ^ ^{a b} "FDR's third-term conclusion and the 22nd amendment". Constitution Daily. Philadelphia, Pennsylvania: The National Constitution Centre. Archived from the original on January xiv, 2021. Retrieved June 29, 2014.
14. ^ Hashemite kingdom of jordan, David Yard. (2011). FDR, Dewey, and the Election of 1944. Bloomington, Indiana: Indiana University Press. p. 290. ISBN978-0-253-35683-iii.
15. ^ Leuchtenburg, William E. "Franklin D. Roosevelt: Campaigns and Elections". Charlottesville, Virginia: Miller Center of Public Affairs, University of Virginia. Archived from the original on January 14, 2021. Retrieved March 20, 2018.
16. ^ Leuchtenburg, William Due east. "Franklin D. Roosevelt: Death of the President". Charlottesville, Virginia: Miller Eye of Public Affairs, University of Virginia. Archived from the original on January 14, 2021. Retrieved March twenty, 2018.
17. ^ Congressional Quarterly. (1947). Limitations of Presidential Tenure. Congressional Quarterly Vol. 3. 92-93, 96.
18. ^ ^{a b} Rowley, Sean (July 26, 2014). "Presidential terms limited by 22nd Amendment". Tahlequah Daily Press. Archived from the original on Jan xiv, 2021. Retrieved March 22, 2018.
19. ^ "22nd Amendment: 2-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 Apr 23, 2018. Retrieved June 9, 2020.
21. ^ Weldon, Kathleen (Baronial 11, 2015). "The Public and the 22nd Subpoena: Tertiary Terms and Lame Ducks". Huffington Post. Archived from the original on January 14, 2021. Retrieved March 27, 2018.
22. ^ Peters, Gerhard; Woolley, John T. "Presidential Chore Approval: 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'southward Founding Documents. Washington, D.C.: National Archives. Archived from the original on January 14, 2021. Retrieved March 11, 2018.
24. ^ Ready, Joel A. "The 22nd Amendment Doesn't Say What Y'all Call back Information technology Says". Blandon, Pennsylvania: Cornerstone Law Firm. Archived from the original on January 14, 2021. Retrieved November 6, 2017.
25. ^ Franck, Matthew J. (July 31, 2007). "Constitutional Sleight of Paw". National Review. Archived from the original on June xiii, 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 ane, 2005.
27. ^ Gant, Scott Due east.; Peabody, Bruce One thousand. (June 13, 2006). "How to bring back Bill: A Clinton-Clinton 2008 ticket is constitutionally possible". The Christian Science 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 14, 2021. Retrieved Oct 29, 2015.
29. ^ Lemelin, Bernard Lemelin (Wintertime 1999). "Opposition to the 22nd Amendment: 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 Association 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 (Jan eighteen, 1989). "President Reagan Says He Will Fight to Repeal 22nd Subpoena". NBC Nightly News (Interview). Interviewed by Tom Brokaw. New York: NBC. Retrieved June xiv, 2015.
31. ^ "Clinton: I Would've Won Third Term". ABC News. December 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 2 terms every bit president". Business Insider. Archived from the original on January 14, 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 Usa to repeal the xx-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 Borough Impulse, LLC. 2013. Archived from the original on January fourteen, 2021. Retrieved March 23, 2018.
35. ^ "Bill to Repeal the 22nd Amendment". Snopes.com . Retrieved October nineteen, 2018.
36. ^ potus_geeks (Feb 27, 2012). "The 22nd Subpoena". Archived from the original on January fourteen, 2021. Retrieved October nineteen, 2018.

External links [edit]

• The Annenberg Guide to the United States Constitution: Xx-2nd Subpoena
• CRS Annotated Constitution: Twenty-2d Amendment

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Source: https://en.wikipedia.org/wiki/Twenty-second_Amendment_to_the_United_States_Constitution#:~:text=9%20External%20links-,Text,the%20President%20more%20than%20once.

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