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After Serving Two Terms Can a Usa President Run for President Again

1951 amendment limiting presidents to two terms

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

Until the amendment'due south ratification, the president had not been subject field to term limits, but George Washington had established a two-term tradition that many other presidents followed. Merely in the 1940 and 1944 presidential elections, Franklin D. Roosevelt became the first president to win third and quaternary terms, giving rising to concerns most a president serving unlimited terms. After Roosevelt'southward 1945 death, Republicans and conservative Democrats were swept into Congress in the 1946 elections and were in position to advise an subpoena restricting the number of presidential terms.[2] 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 withal been admitted as states), and its provisions came into strength on that date.

The amendment prohibits anyone who has been elected president twice from being elected once again. Under the amendment, someone who fills an unexpired presidential term lasting more than 2 years is besides prohibited from being elected president more than than one time. Scholars argue whether the subpoena prohibits affected individuals from succeeding to the presidency under any circumstances or whether it applies only to presidential elections.

Text [edit]

Section 1. No person shall be elected to the office of the President more twice, and no person who has held the office of President, or acted as 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 Article shall not apply to any person holding the office of President when this Article was proposed by the Congress, and shall not preclude any person who may be holding the role of President, or interim as President, during the term inside which this Article becomes operative from belongings the office of President or interim as President during the residuum of such term.

Department ii. This Article shall be inoperative unless it shall have been ratified equally 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 past the Congress.[3]

Groundwork [edit]

The Twenty-2nd Amendment was a reaction to Franklin D. Roosevelt'southward ballot to an unprecedented four terms as president, simply presidential term limits had long been debated in American politics. Delegates to the Constitutional Convention of 1787 considered the effect extensively (alongside broader questions, such as who would elect the president, and the president's role). Many, including Alexander Hamilton and James Madison, supported lifetime tenure for presidents, while others favored stock-still terms. Virginia's George Mason denounced the life-tenure proposal as tantamount to elective monarchy.[4] An early on draft of the U.S. Constitution provided that the president was restricted to one seven-yr term.[5] Ultimately, the Framers canonical four-twelvemonth terms with no brake on how many times a person could be elected president.

Though dismissed past 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 final year in 1796, Washington was wearied from years of public service, and his health had begun to decline. He was as well 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 as president. For these reasons, he decided not to run for a third term, a decision he announced to the nation in his September 1796 Adieu Address.[6] Eleven years later, equally Thomas Jefferson neared the halfway point of his 2d term, he wrote,

If some termination to the services of the principal magistrate be not fixed by the Constitution, or supplied by do, his part, nominally for years, will 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 conclusion 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 cheque against whatsoever one person, or the presidency every bit a whole, accumulating too much power".[8] Diverse amendments aimed at changing informal precedent to constitutional constabulary were proposed in Congress in the early to mid-19th century, only none passed.[4] [9] Three of the next four presidents later 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 be nominated for a second term, though he lost the 1840 election and so served only one term.[9] At the starting time 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 express the president to a single six-yr term.

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

In spite of the stiff two-term tradition, a few presidents before 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 nigh the possibility of his running once again in 1876. But interest 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 2 terms. Even so, as the 1880 election approached, he sought nomination for a (non-consecutive) third term at the 1880 Republican National Convention, but 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 second term), and was handily elected to a full term in 1904. He declined to seek a tertiary (2nd total) term in 1908, but did run 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 advisers tried to convince him that his health precluded another campaign, merely Wilson nonetheless asked that his name be placed in nomination for the presidency at the 1920 Democratic National Convention.[ten] Democratic Party leaders were unwilling to support Wilson, and the nomination went to James G. Cox, who lost to Warren 1000. Harding. Wilson again contemplated running for a (nonconsecutive) third term in 1924, devising a strategy for his comeback, but once more lacked whatsoever support; he died in Feb of that yr.[11]

Franklin Roosevelt spent the months leading upwardly 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 bulletin to the convention saying he would run only if drafted, proverb delegates were costless 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's first election.[ix] [12] Roosevelt won a decisive victory over Republican Wendell Willkie, condign the first (and to date simply) president to exceed viii years in office. His decision to seek a third 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.[9]

Iv years later, Roosevelt faced Republican Thomas E. Dewey in the 1944 election. Near the finish of the campaign, Dewey announced his support of a constitutional amendment to limit presidents to two terms. According to Dewey, "four terms, or sixteen years (a direct reference to the president's tenure in office four years hence), is the most dangerous threat to our freedom always proposed."[fourteen] He also discreetly raised the issue of the president's age. Roosevelt exuded enough energy and charisma to retain voters' confidence and was elected to a fourth term.[15]

While he quelled rumors of poor health during the campaign, Roosevelt's health was deteriorating. On April 12, 1945, just 82 days after his fourth inauguration, he suffered a cerebral hemorrhage and died, to be succeeded by Vice President Harry Truman.[16] In the midterm elections 18 months later, Republicans took command of the Firm and the Senate. Equally many of them had campaigned on the outcome of presidential tenure, declaring their support for a constitutional amendment that would limit how long a person could serve every bit president, the outcome was given priority in the 80th Congress when it convened in January 1947.[viii]

Proposal and ratification [edit]

Proposal in Congress [edit]

The House of Representatives took quick activity, approving a proposed constitutional amendment (Firm Articulation Resolution 27) setting a limit of two 4-yr terms for time to come presidents. Introduced by Earl C. Michener, the measure out passed 285–121, with support from 47 Democrats, on February 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 country legislatures, and by 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, merely a new provision was, however, added. Put forrad by Robert A. Taft, it 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] [eighteen]

On March 21, the House agreed to the Senate's revisions and approved the resolution to amend the Constitution. Afterward, the amendment imposing term limitations on future presidents was submitted to usa for ratification. The ratification process was completed on February 27, 1951, iii years, 343 days later it was sent to the states.[19] [20]

Ratification by the states [edit]

A map of how the states voted on the Twenty-2nd Amendment

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

  1. Maine: March 31, 1947
  2. Michigan: March 31, 1947
  3. Iowa: April one, 1947
  4. Kansas: April 1, 1947
  5. New Hampshire: April 1, 1947
  6. Delaware: Apr 2, 1947
  7. Illinois: April iii, 1947
  8. Oregon: April three, 1947
  9. Colorado: Apr 12, 1947
  10. California: April 15, 1947
  11. New Jersey: Apr 15, 1947
  12. Vermont: Apr fifteen, 1947
  13. Ohio: April sixteen, 1947
  14. Wisconsin: April 16, 1947
  15. Pennsylvania: April 29, 1947
  16. Connecticut: May 21, 1947
  17. Missouri: May 22, 1947
  18. Nebraska: May 23, 1947
  19. Virginia: January 28, 1948
  20. Mississippi: February 12, 1948
  21. New York: March 9, 1948
  22. Southward 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: February 12, 1951
  29. Wyoming: Feb 12, 1951
  30. Arkansas: February 15, 1951
  31. Georgia: February 17, 1951
  32. Tennessee: Feb xx, 1951
  33. Texas: February 22, 1951
  34. Utah: February 26, 1951
  35. Nevada: Feb 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 Subpoena duly ratified and role of the Constitution. The amendment was afterward ratified past:[3]
  37. North Carolina: February 28, 1951
  38. South Carolina: March 13, 1951
  39. Maryland: March 14, 1951
  40. Florida: Apr sixteen, 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]

Upshot [edit]

Considering of the granddad clause in Section 1, the subpoena did not apply to Harry S. Truman, as he was the incumbent president at the time information technology came into force. Truman, who had served near 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] Just with his job blessing rating at effectually 27%,[21] [22] and after a poor functioning in the 1952 New Hampshire master, Truman chose not to seek his party's nomination. Since condign operative in 1951, the amendment has been applicable to six presidents who take been elected twice: Dwight D. Eisenhower, Richard Nixon, Ronald Reagan, Bill Clinton, George W. Bush, and Barack Obama.

Interaction with the 12th Subpoena [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's meaning and application, particularly in relation to the 12th Amendment, ratified in 1804, which states, "no person constitutionally ineligible to the function of President shall exist 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 utilise to the president and vice president, information technology 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 peradventure be elected vice president and and so succeed to the presidency as a consequence of the incumbent'southward death, resignation, or removal from role, or succeed to the presidency from another stated function in the presidential line of succession.[ix] [24]

Some fence that the 22nd Amendment and 12th Subpoena bar any two-term president from later serving equally vice president likewise equally from succeeding to the presidency from whatsoever point in the presidential line of succession.[25] Others argue that the original intent of the 12th Amendment concerns qualification for service (historic period, residence, and citizenship), while the 22nd Amendment, concerns qualifications for ballot, and thus a former two-term president is nonetheless eligible to serve equally 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 election to an additional term.[26] [27]

The practical applicability of this distinction has non 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 every bit her running mate,[28] the constitutional question remains unresolved.[ane]

Attempts at repeal [edit]

Over the years, several presidents have voiced their antipathy toward the subpoena. Later leaving office, Harry Truman described the amendment as stupid and 1 of the worst amendments of the Constitution with the exception of the Prohibition Subpoena.[29] A few days before leaving function in January 1989, President Ronald Reagan said he would push button for a repeal of the 22nd Amendment because he thought it infringed on people'southward democratic rights.[30] In a November 2000 interview with Rolling Stone, President Beak Clinton suggested that the 22nd Amendment should exist altered to limit presidents to ii consecutive terms simply then allow non-sequent terms, because of longer life expectancies.[31] Donald Trump questioned presidential term limits on multiple occasions while in office, and in public remarks talked about serving across the limits of the 22nd Amendment. During an April 2019 White House event for the Wounded Warrior Projection, 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, five years afterwards the amendment's ratification. Over the next l years, 54 joint resolutions seeking to repeal the 2-term presidential election limit were introduced.[1] Between 1997 and 2013, José Due east. Serrano, Democratic representative for New York, introduced 9 resolutions (one per Congress, all unsuccessful) to repeal the subpoena.[34] Repeal has besides been supported by Representatives Barney Frank and David Dreier and Senators Mitch McConnell[35] and Harry Reid.[36]

Encounter 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 19, 2009). "Presidential Terms and Tenure: Perspectives and Proposals for Change" (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'due south third-term election and the 22nd amendment - National Constitution Center". National Constitution Center – constitutioncenter.org . Retrieved September 30, 2021.
  3. ^ a b c "Constitution of the U.s.a.: Analysis and Interpretation" (PDF). Washington, D.C.: Library of Congress. Baronial 26, 2017. pp. 39–twoscore. Retrieved March 22, 2018.
  4. ^ a b Buckley, F. H.; Metzger, Gillian. "Twenty-2nd Amendment". The Interactive Constitution. Philadelphia, Pennsylvania: The National Constitution Center. 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 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 (Dec 10, 1807). "Letter to the Legislature of Vermont". Ashland, Ohio: TeachingAmericanHistory.org. Archived from the original on January fourteen, 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 M.; Gant, Scott Due east. (February 1999). "The Twice and Hereafter President: Constitutional Interstices and the Twenty-Second Amendment". Minnesota Police force Review. Minneapolis: University of Minnesota Law School. 83 (3): 565–635. Archived from the original on Jan xv, 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 Behavior. Westport, Connecticut: Greenwood Printing. 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'due south 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'southward third-term decision and the 22nd amendment". Constitution Daily. Philadelphia, Pennsylvania: The National Constitution Centre. Archived from the original on January 14, 2021. Retrieved June 29, 2014.
  14. ^ Jordan, David Thousand. (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 Middle of Public Diplomacy, University of Virginia. Archived from the original on January 14, 2021. Retrieved March 20, 2018.
  16. ^ Leuchtenburg, William East. "Franklin D. Roosevelt: Decease of the President". Charlottesville, Virginia: Miller Center of Public Affairs, Academy 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 by 22nd Subpoena". Tahlequah Daily Press. Archived from the original on Jan 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 twenty, 2020. Retrieved June seven, 2020.
  20. ^ Mount, Steve. "Ratification of Ramble Amendments". usconstitution.net. Archived from the original on April 23, 2018. Retrieved June ix, 2020.
  21. ^ Weldon, Kathleen (August eleven, 2015). "The Public and the 22nd Amendment: Third Terms and Lame Ducks". Huffington Postal service. 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". Data adapted from the Gallup Poll and compiled by Gerhard Peters. Santa Barbara, California: The American Presidency Projection. Archived from the original on January xiv, 2021. Retrieved March 27, 2018.
  23. ^ "The Constitution: Amendments 11-27". America'south 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 Call up It 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). "Ramble Sleight of Hand". National Review. Archived from the original on June 13, 2008. Retrieved June 12, 2008.
  26. ^ Dorf, Michael C. (August two, 2000). "Why the Constitution permits a Gore-Clinton ticket". CNN. Archived from the original on October one, 2005.
  27. ^ Gant, Scott E.; Peabody, Bruce G. (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 15, 2015). "Hillary Clinton: Bill equally VP has 'crossed her heed'". CNN. Archived from the original on January 14, 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. University of Toronto Press on behalf of the Canadian Clan for American Studies with the back up of Carleton University. 29 (iii): 133–148. doi:10.3138/CRAS-029-03-06. S2CID 159908265.
  30. ^ Reagan, Ronald (Jan 18, 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. Dec 7, 2000. Archived from the original on Jan 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 Insider. Archived from the original on Jan 14, 2021. Retrieved September 14, 2019.
  33. ^ Croucher, Shane (September 11, 2019). "Donald Trump Posts Image on Twitter, Instagram Joking That He'll Stand in 2024". Newsweek. Archived from the original on Jan 14, 2021. Retrieved September fourteen, 2019.
  34. ^ "H.J.Res. fifteen (113th): Proposing an subpoena to the Constitution of the The states to repeal the twenty-second article of amendment, thereby removing the limitation on the number of terms an private may serve as 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. ^ "Bill to Repeal the 22nd Amendment". Snopes.com . Retrieved October 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 Usa 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