Can an Expresident Run for Office Again

1951 amendment limiting presidents to ii terms

The Xx-2nd Subpoena (Subpoena 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 boosted eligibility weather for presidents who succeed to the unexpired terms of their predecessors.^[1] Congress approved the 20-2nd 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 all the same been admitted as states), and its provisions came into forcefulness on that date.

The amendment prohibits anyone who has been elected president twice from being elected again. Under the amendment, someone who fills an unexpired presidential term lasting more than than 2 years is also prohibited from being elected president more than once. Scholars argue whether the amendment prohibits affected individuals from succeeding to the presidency nether any circumstances or whether it applies only to presidential elections. Until the subpoena's ratification, the president had not been subject to term limits, only both George Washington and Thomas Jefferson (the outset and 3rd presidents) decided not to serve a third term, establishing a 2-term tradition that subsequent presidents followed. In the 1940 and 1944 presidential elections, Franklin D. Roosevelt became the showtime president to win third and quaternary terms, giving rise to concerns nearly a president serving unlimited terms.^[2]

Text [edit]

Section 1. No person shall be elected to the office of the President more than than twice, and no person who has held the function of President, or acted as President, for more than 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 in one case. But this Article shall non apply to any person holding the office of President when this Article was proposed past the Congress, and shall not forestall any person who may exist belongings the office of President, or acting as President, during the term within which this Commodity 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 take been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several states inside 7 years from the appointment of its submission to us by the Congress.^[3]

Background [edit]

The Twenty-second Amendment was a reaction to Franklin D. Roosevelt'south ballot to an unprecedented four terms equally president, but presidential term limits had long been debated in American politics. Delegates to the Ramble Convention of 1787 considered the issue extensively (alongside broader questions, such equally who would elect the president, and the president'south part). Many, including Alexander Hamilton and James Madison, supported lifetime tenure for presidents, while others favored fixed terms. Virginia's George Stonemason denounced the life-tenure proposal as tantamount to elective monarchy.^[iv] An early on typhoon of the U.S. Constitution provided that the president was restricted to ane seven-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.Southward. presidents were contemplated during the presidencies of George Washington and Thomas Jefferson. As his 2nd 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 after the signing of the Jay Treaty, and believed he had accomplished his major goals as president. For these reasons, he decided non to run for a tertiary term, a decision he announced to the nation in his September 1796 Farewell Address.^[6] Eleven years later, as Thomas Jefferson neared the halfway point of his second term, he wrote,

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

Since Washington fabricated his historic declaration, 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 bank check against any ane person, or the presidency as a whole, accumulating too much power".^[8] Various amendments aimed at changing informal precedent to constitutional law were proposed in Congress in the early to mid-19th century, simply none passed.^{[4] [9]} Three 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 between Jackson and Abraham Lincoln to be nominated for a second term, though he lost the 1840 ballot and so served only one term.^[9] At the offset of the Civil War the seceding States drafted the Constitution of the Confederate States of America, which in nearly respects resembled the U.s. Constitution, but express the president to a single six-yr 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 again in 1876. Merely interest in a tertiary term for Grant evaporated in the calorie-free of negative public stance and opposition from members of Congress, and Grant left the presidency in 1877 afterwards two terms. Even so, equally the 1880 election approached, he sought nomination for a (non-consecutive) tertiary term at the 1880 Republican National Convention, but narrowly lost to James Garfield, who won the 1880 election.^[ix]

Theodore Roosevelt succeeded to the presidency on September fourteen, 1901, post-obit William McKinley's assassination (194 days into his second term), and was handily elected to a full term in 1904. He declined to seek a third (2d full) term in 1908, but did run again in the ballot of 1912, losing to Woodrow Wilson. Wilson himself, despite his sick health post-obit a serious stroke, aspired to a third term. Many of his advisers tried to convince him that his wellness precluded some other entrada, but Wilson notwithstanding asked that his name be placed in nomination for the presidency at the 1920 Autonomous National Convention.^[10] Autonomous Political party leaders were unwilling to support Wilson, and the nomination went to James 1000. Cox, who lost to Warren G. Harding. Wilson again contemplated running for a (nonconsecutive) third term in 1924, devising a strategy for his comeback, but once again lacked whatever support; he died in February of that year.^[11]

Franklin Roosevelt spent the months leading up to the 1940 Democratic National Convention refusing to say whether he would seek a 3rd term. His Vice President, John Nance Garner, along with Postmaster General James Farley, announced their candidacies for the Democratic nomination. When the convention came, Roosevelt sent a message to the convention saying he would run only if drafted, saying delegates were gratis to vote for whomever they pleased. This message was interpreted to mean he was willing to be drafted, and he was renominated on the convention'south first ballot.^{[ix] [12]} Roosevelt won a decisive victory over Republican Wendell Willkie, condign the first (and to date simply) president to exceed eight years in office. His decision to seek a third term dominated the election campaign.^[xiii] Willkie ran against the open-concluded presidential tenure, while Democrats cited the war in Europe equally a reason for breaking with precedent.^[9]

Four years subsequently, Roosevelt faced Republican Thomas E. Dewey in the 1944 election. Near the finish of the entrada, Dewey announced his support of a ramble amendment to limit presidents to ii terms. According to Dewey, "four terms, or sixteen years (a direct reference to the president's tenure in part iv years hence), is the about unsafe threat to our freedom ever proposed."^[14] He also discreetly raised the issue of the president'south historic period. Roosevelt exuded plenty energy and charisma to retain voters' confidence and was elected to a quaternary term.^[15]

While he quelled rumors of poor wellness during the entrada, Roosevelt's health was deteriorating. On Apr 12, 1945, only 82 days afterward his 4th inauguration, he suffered a cerebral hemorrhage and died, to be succeeded by Vice President Harry Truman.^[xvi] In the midterm elections 18 months later, Republicans took control of the House and the Senate. Every bit many of them had campaigned on the issue of presidential tenure, declaring their support for a constitutional 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.^[viii]

Proposal and ratification [edit]

Proposal in Congress [edit]

The House of Representatives took quick action, approving a proposed constitutional amendment (House Joint Resolution 27) setting a limit of two iv-year terms for future presidents. Introduced past Earl C. Michener, the measure passed 285–121, with back up from 47 Democrats, on February 6, 1947.^[17] Meanwhile, the Senate adult its own proposed subpoena, which initially differed from the House proposal by requiring that the subpoena be submitted to state ratifying conventions for ratification, rather than to the land legislatures, and by prohibiting whatsoever person who had served more 365 days in each of two terms from further presidential service. Both these provisions were removed when the total Senate took up the bill, only a new provision was, however, added. Put frontward 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] [18]}

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 the states for ratification. The ratification process was completed on February 27, 1951, 3 years, 343 days after it was sent to u.s..^{[xix] [xx]}

Ratification by united states [edit]

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

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

1. Maine: March 31, 1947
2. Michigan: March 31, 1947
3. Iowa: April 1, 1947
4. Kansas: Apr 1, 1947
5. New Hampshire: April i, 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: April xv, 1947
12. Vermont: Apr 15, 1947
13. Ohio: April sixteen, 1947
14. Wisconsin: April 16, 1947
15. Pennsylvania: Apr 29, 1947
16. Connecticut: May 21, 1947
17. Missouri: May 22, 1947
18. Nebraska: May 23, 1947
19. Virginia: Jan 28, 1948
20. Mississippi: February 12, 1948
21. New York: March 9, 1948
22. Due south Dakota: Jan 21, 1949
23. Northward Dakota: February 25, 1949
24. Louisiana: May 17, 1950
25. Montana: January 25, 1951
26. Indiana: January 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: February 20, 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 Ambassador of Full general Services, Jess Larson, issued a document proclaiming the 22nd Amendment duly ratified and role of the Constitution. The amendment was subsequently ratified by:^[iii]
37. Due north Carolina: February 28, 1951
38. South Carolina: March 13, 1951
39. Maryland: March 14, 1951
40. Florida: April 16, 1951
41. Alabama: May four, 1951

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

Effect [edit]

Considering of the gramps clause in Department 1, the amendment did non apply to Harry S. Truman, as he was the incumbent president at the time information technology came into force. Truman, who had served most all of Franklin Roosevelt's unexpired quaternary term and who was elected to a full term in 1948, was thus eligible for reelection in 1952.^[13] But with his chore approval rating at around 27%,^{[21] [22]} and later 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 half dozen 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]

Every bit worded, the focus of the 22nd Amendment is on limiting individuals from existence elected to the presidency more than twice. Questions accept been raised about the subpoena's significant and application, specially 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 United States."^[23] While the 12th Subpoena stipulates that the constitutional qualifications of historic period, citizenship, and residency apply to the president and vice president, it is unclear whether someone who is ineligible to exist elected president due to term limits could be elected vice president. Because of the ambivalence, a two-term former president could possibly exist elected vice president and so succeed to the presidency equally a result of the incumbent'southward expiry, resignation, or removal from office, or succeed to the presidency from another stated office in the presidential line of succession.^{[9] [24]}

Some debate that the 22nd Subpoena and 12th Subpoena bar whatsoever two-term president from subsequently serving every bit vice president likewise as from succeeding to the presidency from any bespeak 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 still eligible to serve as vice president. Neither subpoena restricts the number of times someone tin can exist elected to the vice presidency and and then succeed to the presidency to serve out the remainder of the term, although the person could be prohibited from running for ballot to an boosted term.^{[26] [27]}

The practical applicability of this distinction has non been tested, as no twice-elected president has always been nominated for the vice presidency. While Hillary Clinton one time suggested she considered sometime President Nib Clinton equally 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. Afterward leaving role, 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 Jan 1989, President Ronald Reagan said he would push for a repeal of the 22nd Amendment considering he thought it infringed on people's democratic rights.^[thirty] In a Nov 2000 interview with Rolling Stone, President Nib Clinton suggested that the 22nd Amendment should exist altered to limit presidents to ii consecutive terms simply then allow non-consecutive terms, because of longer life expectancies.^[31] Donald Trump questioned presidential term limits on multiple occasions while in office, and in public remarks talked well-nigh serving across the limits of the 22nd Amendment. During an April 2019 White Firm event for the Wounded Warrior Project, he suggested he would remain president for x to 14 years.^{[32] [33]}

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

See likewise [edit]

• Term limits in the Usa
• 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 Change" (PDF). Washington, D.C.: Congressional Research Service, The Library of Congress. Archived (PDF) from the original on Apr 12, 2019. Retrieved March 22, 2018.
2. ^ "FDR's third-term election and the 22nd amendment". Philadelphia, Pennsylvania: National Constitution Eye. November 5, 2020. Retrieved Apr 29, 2022.
3. ^ ^{a b c} "Constitution of the U.s.a.: 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 Heart. Archived from the original on January 14, 2021. Retrieved March 19, 2018.
5. ^ Offset draft United statesCONST., art. X, section one.
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-i-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 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 January x, 2017.
9. ^ ^{a b c d due east f} Peabody, Bruce K.; Gant, Scott E. (February 1999). "The Twice and Future President: Constitutional Interstices and the Twenty-2d Amendment". Minnesota Law Review. Minneapolis: Academy of Minnesota Law School. 83 (iii): 565–635. Archived from the original on January 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-vii.
11. ^ Saunders, Robert M. (1998). In Search of Woodrow Wilson: Beliefs and Beliefs. 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'southward Side: The Vice Presidency in the Twentieth Century. Columbia, Missouri: University of Missouri Press. pp. 52–53. ISBN0-8262-1133-10 . Retrieved March 20, 2018.
13. ^ ^{a b} "FDR's tertiary-term determination and the 22nd subpoena". 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 Election of 1944. Bloomington, Indiana: Indiana University Press. p. 290. ISBN978-0-253-35683-three.
15. ^ Leuchtenburg, William E. "Franklin D. Roosevelt: Campaigns and Elections". Charlottesville, Virginia: Miller Center of Public Diplomacy, University of Virginia. Archived from the original on Jan xiv, 2021. Retrieved March 20, 2018.
16. ^ Leuchtenburg, William E. "Franklin D. Roosevelt: Decease of the President". Charlottesville, Virginia: Miller Heart of Public Diplomacy, University of Virginia. Archived from the original on Jan xiv, 2021. Retrieved March twenty, 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 Amendment". Tahlequah Daily Printing. Archived from the original on January 14, 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 7, 2020.
20. ^ Mountain, Steve. "Ratification of Constitutional Amendments". usconstitution.cyberspace. Archived from the original on April 23, 2018. Retrieved June 9, 2020.
21. ^ Weldon, Kathleen (August eleven, 2015). "The Public and the 22nd Amendment: Third Terms and Lame Ducks". Huffington Post. Archived from the original on Jan xiv, 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 Project. Archived from the original on January 14, 2021. Retrieved March 27, 2018.
23. ^ "The Constitution: Amendments eleven-27". America's Founding Documents. Washington, D.C.: National Archives. Archived from the original on January xiv, 2021. Retrieved March eleven, 2018.
24. ^ Ready, Joel A. "The 22nd Amendment Doesn't Say What Y'all Think Information technology Says". Blandon, Pennsylvania: Cornerstone Law House. Archived from the original on Jan fourteen, 2021. Retrieved November 6, 2017.
25. ^ Franck, Matthew J. (July 31, 2007). "Ramble Sleight of Hand". National Review. Archived from the original on June xiii, 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 1, 2005.
27. ^ Gant, Scott Due east.; Peabody, Bruce G. (June thirteen, 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 xv, 2015). "Hillary Clinton: Bill every bit VP has 'crossed her mind'". CNN. Archived from the original on January 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 Printing on behalf of the Canadian Association for American Studies with the support of Carleton Academy. 29 (3): 133–148. doi:ten.3138/CRAS-029-03-06. S2CID 159908265.
30. ^ Reagan, Ronald (January 18, 1989). "President Reagan Says He Will Fight to Repeal 22nd Amendment". NBC Nightly News (Interview). Interviewed by Tom Brokaw. New York: NBC. Retrieved June fourteen, 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 two terms as president". Business concern 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 up in 2024". Newsweek. Archived from the original on January xiv, 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 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 Subpoena". Snopes.com . Retrieved Oct 19, 2018.
36. ^ potus_geeks (Feb 27, 2012). "The 22nd Subpoena". Archived from the original on January 14, 2021. Retrieved October 19, 2018.

External links [edit]

• The Annenberg Guide to the U.s. Constitution: Twenty-2d Amendment
• CRS Annotated Constitution: 20-2d Amendment

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

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