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1951 amendment limiting presidents to two terms

The Twenty-second Subpoena (Subpoena XXII) to the United States Constitution limits the number of times a person is eligible for election to the office of President of the United states of america to two, and sets additional eligibility atmospheric condition for presidents who succeed to the unexpired terms of their predecessors.[one]

Until the subpoena's ratification, the president had not been subject to term limits, but George Washington had established a two-term tradition that many other presidents followed. In the 1940 and 1944 presidential elections, however, Democrat Franklin D. Roosevelt became the offset president to win 3rd and fourth terms, giving rise to concerns about a president serving an unlimited number of terms. Following Roosevelt's 1945 death, Republicans and bourgeois Democrats were swept into Congress in the 1946 elections and were in position to propose an amendment restricting the number of presidential terms.[two] Congress approved the Xx-second Amendment on March 21, 1947, and submitted it to the state legislatures for ratification. That procedure was completed on February 27, 1951, when the requisite 36 of the 48 states had ratified the amendment (neither Alaska nor Hawaii had notwithstanding been admitted as states), and its provisions came into force on that date.

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 also prohibited from being elected president more than once. Scholars debate whether the subpoena prohibits afflicted individuals from succeeding to the presidency nether whatsoever circumstances or whether it applies only to presidential elections.

Text [edit]

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

Section two. This Article shall be inoperative unless it shall accept been ratified equally an amendment to the Constitution by the legislatures of iii-fourths of the several states within seven years from the engagement of its submission to u.s.a. by the Congress.[3]

Groundwork [edit]

The 20-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 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 Bricklayer denounced the life-tenure proposal as tantamount to elective monarchy.[four] An early typhoon of the U.S. Constitution provided that the president was restricted to 1 vii-yr term.[5] Ultimately, the Framers approved 4-year terms with no restriction on how many times a person could be elected president.

Though dismissed by the Constitutional Convention, term limits for U.S. presidents were contemplated during the presidencies of George Washington and Thomas Jefferson. As his second term entered its final year in 1796, Washington was exhausted from years of public service, and his health had begun to decline. He was too bothered past his political opponents' unrelenting attacks, which had escalated afterward 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 third term, a decision he appear to the nation in his September 1796 Adieu Address.[6] Eleven years later on, every bit Thomas Jefferson neared the halfway indicate of his second term, he wrote,

If some termination to the services of the chief magistrate be non fixed by the Constitution, or supplied by do, his part, nominally for years, will in fact, become for life; and history shows how easily that degenerates into an inheritance.[vii]

Since Washington made his celebrated announcement, numerous academics and public figures have looked at his decision to retire after two terms, and have, according to political scientist Bruce Peabody, "argued he had established a two-term tradition that served as a vital bank check against whatever one person, or the presidency as a whole, accumulating also much power".[viii] Diverse amendments aimed at changing breezy precedent to ramble law were proposed in Congress in the early to mid-19th century, merely none passed.[4] [9] Three of the next four presidents afterwards Jefferson—James Madison, James Monroe, and Andrew Jackson—served two terms, and each adhered to the two-term principle;[one] Martin Van Buren was the only president between Jackson and Abraham Lincoln to be nominated for a second term, though he lost the 1840 ballot and then served simply 1 term.[nine] At the kickoff of the Ceremonious War the seceding States drafted the Constitution of the Confederate States of America, which in near respects resembled the United states of america Constitution, but limited the president to a unmarried 6-year term.

Cartoon showing Ulysses S. Grant handing a sword to James Garfield, who is holding a rolled-up paper

In spite of the strong 2-term tradition, a few presidents earlier Roosevelt attempted to secure a third term. Following Ulysses Southward. Grant'southward reelection in 1872, there were serious discussions within Republican political circles well-nigh 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 ii terms. All the same, as the 1880 election approached, he sought nomination for a (non-consecutive) third term at the 1880 Republican National Convention, simply narrowly lost to James Garfield, who won the 1880 election.[9]

Theodore Roosevelt succeeded to the presidency on September 14, 1901, following William McKinley's assassination (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 ballot of 1912, losing to Woodrow Wilson. Wilson himself, despite his ill wellness following a serious stroke, aspired to a third term. Many of his directorate tried to convince him that his health precluded another campaign, just Wilson however asked that his name be placed in nomination for the presidency at the 1920 Democratic National Convention.[10] Democratic Party leaders were unwilling to back up Wilson, and the nomination went to James M. Cox, who lost to Warren G. Harding. Wilson again contemplated running for a (nonconsecutive) third term in 1924, devising a strategy for his improvement, but once again lacked whatsoever back up; 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, along with Postmaster Full general James Farley, announced their candidacies for the Democratic nomination. When the convention came, Roosevelt sent a bulletin to the convention maxim 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 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 date but) president to exceed eight years in function. His decision to seek a third term dominated the election campaign.[xiii] Willkie ran against the open up-concluded presidential tenure, while Democrats cited the war in Europe equally a reason for breaking with precedent.[ix]

Four years later, Roosevelt faced Republican Thomas E. Dewey in the 1944 election. Well-nigh the finish of the campaign, Dewey announced his back up of a constitutional amendment to limit presidents to two terms. According to Dewey, "iv terms, or sixteen years (a direct reference to the president's tenure in role 4 years hence), is the almost dangerous threat to our liberty e'er proposed."[14] He besides discreetly raised the issue of the president's age. Roosevelt exuded enough energy and charisma to retain voters' conviction and was elected to a fourth term.[15]

While he quelled rumors of poor health during the entrada, Roosevelt'southward health was deteriorating. On Apr 12, 1945, merely 82 days after his quaternary inauguration, he suffered a cerebral hemorrhage and died, to be succeeded by Vice President Harry Truman.[16] In the midterm elections eighteen months later, Republicans took control of the House and the Senate. Equally many of them had campaigned on the event of presidential tenure, declaring their support for a constitutional subpoena that would limit how long a person could serve as president, the upshot 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 activeness, approval a proposed constitutional amendment (House Joint Resolution 27) setting a limit of two 4-year terms for future presidents. Introduced past Earl C. Michener, the measure out passed 285–121, with back up 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 whatsoever person who had served more than 365 days in each of ii terms from further presidential service. Both these provisions were removed when the full Senate took up the bill, but a new provision was, yet, added. Put forward by Robert A. Taft, it 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.[i] [18]

On March 21, the House agreed to the Senate's revisions and approved the resolution to amend the Constitution. Afterward, the subpoena imposing term limitations on time to come presidents was submitted to the states for ratification. The ratification procedure was completed on February 27, 1951, 3 years, 343 days after information technology was sent to us.[19] [20]

Ratification by us [edit]

A map of how usa voted on the 20-second Amendment

Once submitted to the states, the 22nd Subpoena was ratified by:[3]

  1. Maine: March 31, 1947
  2. Michigan: March 31, 1947
  3. Iowa: April 1, 1947
  4. Kansas: Apr i, 1947
  5. New Hampshire: April 1, 1947
  6. Delaware: April 2, 1947
  7. Illinois: April 3, 1947
  8. Oregon: Apr 3, 1947
  9. Colorado: Apr 12, 1947
  10. California: April 15, 1947
  11. New Jersey: Apr 15, 1947
  12. Vermont: April 15, 1947
  13. Ohio: Apr 16, 1947
  14. Wisconsin: April xvi, 1947
  15. Pennsylvania: Apr 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. Due south Dakota: January 21, 1949
  23. North Dakota: Feb 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: February 12, 1951
  29. Wyoming: February 12, 1951
  30. Arkansas: February 15, 1951
  31. Georgia: February 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 i, 1951, the Administrator of General Services, Jess Larson, issued a document proclaiming the 22nd Subpoena duly ratified and part of the Constitution. The amendment was subsequently ratified by:[3]
  37. North Carolina: February 28, 1951
  38. Southward Carolina: March 13, 1951
  39. Maryland: March 14, 1951
  40. Florida: April 16, 1951
  41. Alabama: May 4, 1951

Conversely, 2 states—Oklahoma and Massachusetts—rejected the subpoena, while five (Arizona, Kentucky, Rhode Island, Washington, and West Virginia) took no action.[eighteen]

Effect [edit]

Because of the grandfather clause in Department 1, the subpoena did not apply to Harry Due south. Truman, as he was the incumbent president at the time it came into force. Truman, who had served nearly all of Franklin Roosevelt's unexpired 4th term and who was elected to a full term in 1948, was thus eligible for reelection in 1952.[thirteen] But with his job approving rating at around 27%,[21] [22] and later a poor operation in the 1952 New Hampshire primary, Truman chose not to seek his political party's nomination. Since becoming operative in 1951, the subpoena has been applicable to half dozen presidents who accept been elected twice: Dwight D. Eisenhower, Richard Nixon, Ronald Reagan, Bill Clinton, George West. Bush-league, and Barack Obama.

Interaction with the Twelfth Amendment [edit]

As worded, the focus of the 22nd Amendment is on limiting individuals from being elected to the presidency more than twice. Questions have been raised about the amendment'south meaning and application, peculiarly in relation to the 12th Amendment, ratified in 1804, which states, "no person constitutionally ineligible to the office of President shall be 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 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. Because of the ambiguity, a two-term former president could maybe be elected vice president and then succeed to the presidency as a outcome of the incumbent'south expiry, resignation, or removal from office, or succeed to the presidency from another stated office in the presidential line of succession.[ix] [24]

Some argue that the 22nd Amendment and twelfth Amendment bar whatsoever two-term president from afterward serving as vice president as well as from succeeding to the presidency from any signal 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 election, and thus a former ii-term president is even so eligible to serve as vice president. Neither subpoena restricts the number of times someone can be elected to the vice presidency and 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, equally no twice-elected president has e'er been nominated for the vice presidency. While Hillary Clinton one time 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 have voiced their antipathy toward the amendment. After leaving part, Harry Truman described the subpoena as stupid and 1 of the worst amendments of the Constitution with the exception of the Prohibition Amendment.[29] A few days before leaving function 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'southward autonomous rights.[30] In a November 2000 interview with Rolling Stone, President Pecker Clinton suggested that the 22nd Amendment should exist altered to limit presidents to 2 consecutive terms but so let 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 2019 White House event for the Wounded Warrior Project, he suggested he would remain president for 10 to 14 years.[32] [33]

The start efforts in Congress to repeal the 22nd Amendment were undertaken in 1956, five years subsequently the amendment's ratification. Over the next 50 years, 54 joint resolutions seeking to repeal the two-term presidential ballot limit were introduced.[1] Between 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 besides been supported past Representatives Barney Frank and David Dreier and Senators Mitch McConnell[35] and Harry Reid.[36]

See too [edit]

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

References [edit]

  1. ^ a b c d eastward Neale, Thomas H. (October xix, 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 - National Constitution Eye". National Constitution Middle – constitutioncenter.org . Retrieved September 30, 2021.
  3. ^ a b c "Constitution of the United states of america of America: Assay and Interpretation" (PDF). Washington, D.C.: Library of Congress. Baronial 26, 2017. pp. 39–40. Retrieved March 22, 2018.
  4. ^ a b Buckley, F. H.; Metzger, Gillian. "Twenty-2nd Subpoena". The Interactive Constitution. Philadelphia, Pennsylvania: The National Constitution Heart. Archived from the original on January 14, 2021. Retrieved March xix, 2018.
  5. ^ First typhoon U.S.CONST., art. X, section 1.
  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 10, 1807). "Letter to the Legislature of Vermont". Ashland, Ohio: TeachingAmericanHistory.org. Archived from the original on January fourteen, 2021. Retrieved March xix, 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 Thou.; Gant, Scott Eastward. (February 1999). "The Twice and Hereafter President: Constitutional Interstices and the 20-Second Amendment". Minnesota Law Review. Minneapolis: Academy of Minnesota Law School. 83 (three): 565–635. Archived from the original on January xv, 2013. Retrieved June 12, 2015.
  10. ^ Pietrusza, David (2007). The Twelvemonth 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: Behavior and Behavior. Westport, Connecticut: Greenwood Printing. pp. 260–262. ISBN9780313305207.
  12. ^ Rosen, Elliot A. (1997). "'Not Worth a Pitcher of Warm Piss': John Nance Garner as Vice President". In Walch, Timothy (ed.). At the President's Side: The Vice Presidency in the Twentieth Century. Columbia, Missouri: University of Missouri Printing. pp. 52–53. ISBN0-8262-1133-X . Retrieved March xx, 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 University Printing. p. 290. ISBN978-0-253-35683-3.
  15. ^ Leuchtenburg, William E. "Franklin D. Roosevelt: Campaigns and Elections". Charlottesville, Virginia: Miller Middle of Public Diplomacy, University of Virginia. Archived from the original on January xiv, 2021. Retrieved March 20, 2018.
  16. ^ Leuchtenburg, William E. "Franklin D. Roosevelt: Expiry of the President". Charlottesville, Virginia: Miller Eye 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. Three. 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: Two-Term Limit on Presidency". constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Centre. 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 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 Job Blessing: F. Roosevelt (1941)—Trump". Data adapted from the Gallup Poll and compiled by Gerhard Peters. Santa Barbara, California: The American Presidency Project. Archived from the original on January 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. ^ Ready, Joel A. "The 22nd Amendment Doesn't Say What You Think Information technology Says". Blandon, Pennsylvania: Cornerstone Constabulary Firm. Archived from the original on Jan 14, 2021. Retrieved November six, 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. (August 2, 2000). "Why the Constitution permits a Gore-Clinton ticket". CNN. Archived from the original on October 1, 2005.
  27. ^ Gant, Scott East.; Peabody, Bruce M. (June xiii, 2006). "How to bring dorsum Beak: A Clinton-Clinton 2008 ticket is constitutionally possible". The Christian Science Monitor. Archived from the original on Jan 14, 2021. Retrieved June 12, 2008.
  28. ^ LoBianco, Tom (September 15, 2015). "Hillary Clinton: Bill equally VP has 'crossed her mind'". CNN. Archived from the original on Jan 14, 2021. Retrieved October 29, 2015.
  29. ^ Lemelin, Bernard Lemelin (Winter 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 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 xviii, 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. 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 desire him to serve more than 2 terms as president". Business Insider. Archived from the original on January 14, 2021. Retrieved September 14, 2019.
  33. ^ Croucher, Shane (September 11, 2019). "Donald Trump Posts Epitome on Twitter, Instagram Joking That He'll Stand up 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 The states to repeal the twenty-second commodity 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 14, 2021. Retrieved March 23, 2018.
  35. ^ "Nib 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 xiv, 2021. Retrieved Oct 19, 2018.

External links [edit]

  • The Annenberg Guide to the United States Constitution: Twenty-second Amendment
  • CRS Annotated Constitution: 20-second Amendment

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

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