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1951 subpoena limiting presidents to two terms

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

Until the amendment'south ratification, the president had not been subject to term limits, simply George Washington had established a ii-term tradition that many other presidents followed. In the 1940 and 1944 presidential elections, however, Democrat Franklin D. Roosevelt became the kickoff president to win 3rd and fourth terms, giving rise to concerns most a president serving an unlimited number of terms. Following Roosevelt'southward 1945 decease, Republicans and conservative Democrats were swept into Congress in the 1946 elections and were in position to propose an subpoena restricting the number of presidential terms.[2] Congress approved the Twenty-2d Amendment on March 21, 1947, and submitted it to the land legislatures for ratification. That procedure was completed on February 27, 1951, when the requisite 36 of the 48 states had ratified the subpoena (neither Alaska nor Hawaii had yet been admitted as states), and its provisions came into force on that date.

The subpoena prohibits anyone who has been elected president twice from existence elected once again. Under the subpoena, someone who fills an unexpired presidential term lasting more than 2 years is also prohibited from existence elected president more once. Scholars debate whether the subpoena prohibits affected individuals from succeeding to the presidency under any circumstances or whether information technology applies simply to presidential elections.

Text [edit]

Section i. No person shall exist elected to the office of the President more than than twice, and no person who has held the office of President, or acted as President, for more than than two years of a term to which some other person was elected President shall exist elected to the office of the President more than in one case. But this Article shall not apply to any person holding the office of President when this Commodity was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting equally President, during the term within which this Article becomes operative from property the office of President or acting as President during the remainder of such term.

Section two. This Commodity shall be inoperative unless it shall have been ratified as 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 by the Congress.[iii]

Background [edit]

The Twenty-2d Subpoena 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 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 fixed terms. Virginia'due south George Mason denounced the life-tenure proposal every bit tantamount to elective monarchy.[4] An early draft of the U.S. Constitution provided that the president was restricted to one seven-year term.[5] Ultimately, the Framers canonical 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 pass up. He was besides bothered by his political opponents' unrelenting attacks, which had escalated after the signing of the Jay Treaty, and believed he had accomplished his major goals as president. For these reasons, he decided not to run for a tertiary term, a decision he announced to the nation in his September 1796 Bye Address.[6] Eleven years subsequently, as Thomas Jefferson neared the halfway point of his second term, he wrote,

If some termination to the services of the main magistrate be not stock-still by the Constitution, or supplied by practice, his office, nominally for years, will in fact, become for life; and history shows how hands that degenerates into an inheritance.[vii]

Since Washington made his historic declaration, 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 cheque against any ane person, or the presidency as a whole, accumulating too much ability".[8] Diverse amendments aimed at changing informal precedent to ramble law were proposed in Congress in the early to mid-19th century, just none passed.[4] [9] 3 of the next four presidents subsequently 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 merely president between Jackson and Abraham Lincoln to be nominated for a second term, though he lost the 1840 election and so served only i term.[nine] At the outset of the Civil State of war the seceding States drafted the Constitution of the Confederate States of America, which in most respects resembled the Usa Constitution, but limited the president to a single half dozen-year term.

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

In spite of the potent two-term tradition, a few presidents before Roosevelt attempted to secure a 3rd term. Following Ulysses South. Grant'due south reelection in 1872, there were serious discussions within Republican political circles about the possibility of his running again in 1876. But interest in a third term for Grant evaporated in the lite of negative public opinion and opposition from members of Congress, and Grant left the presidency in 1877 afterward two terms. Fifty-fifty so, equally the 1880 election approached, he sought nomination for a (non-consecutive) third term at the 1880 Republican National Convention, only narrowly lost to James Garfield, who won the 1880 election.[nine]

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 3rd (second total) term in 1908, but did run once more in the ballot of 1912, losing to Woodrow Wilson. Wilson himself, despite his ill health following a serious stroke, aspired to a 3rd term. Many of his advisers tried to convince him that his health precluded another entrada, merely Wilson nevertheless asked that his name be placed in nomination for the presidency at the 1920 Democratic National Convention.[10] Autonomous Political party leaders were unwilling to back up Wilson, and the nomination went to James M. Cox, who lost to Warren Thou. Harding. Wilson over again contemplated running for a (nonconsecutive) third term in 1924, devising a strategy for his comeback, but again lacked any support; he died in February of that year.[11]

Franklin Roosevelt spent the months leading up to the 1940 Democratic National Convention refusing to say whether he would seek a third term. His Vice President, John Nance Garner, along with Postmaster General James Farley, announced their candidacies for the Democratic nomination. When the convention came, Roosevelt sent a message to the convention proverb he would run simply if drafted, saying delegates were free to vote for whomever they pleased. This bulletin was interpreted to hateful he was willing to be drafted, and he was renominated on the convention's first ballot.[ix] [12] Roosevelt won a decisive victory over Republican Wendell Willkie, becoming the start (and to date only) president to exceed eight years in office. His decision to seek a third term dominated the election campaign.[13] Willkie ran against the open-concluded presidential tenure, while Democrats cited the war in Europe as a reason for breaking with precedent.[9]

Four years later, Roosevelt faced Republican Thomas Eastward. Dewey in the 1944 election. Most the stop of the campaign, Dewey announced his back up of a ramble subpoena to limit presidents to two terms. According to Dewey, "four terms, or 16 years (a direct reference to the president'southward tenure in part four years hence), is the most unsafe threat to our freedom ever proposed."[fourteen] He too discreetly raised the issue of the president's historic period. Roosevelt exuded enough energy and charisma to retain voters' confidence and was elected to a quaternary term.[15]

While he quelled rumors of poor wellness during the campaign, Roosevelt's wellness was deteriorating. On Apr 12, 1945, merely 82 days subsequently his 4th inauguration, he suffered a cerebral hemorrhage and died, to be succeeded by Vice President Harry Truman.[sixteen] In the midterm elections 18 months later, Republicans took control of the Firm 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 result was given priority in the 80th Congress when it convened in January 1947.[8]

Proposal and ratification [edit]

Proposal in Congress [edit]

The House of Representatives took quick activeness, approval a proposed constitutional amendment (House Joint Resolution 27) setting a limit of two four-year terms for future presidents. Introduced by Earl C. Michener, the measure passed 285–121, with support from 47 Democrats, on Feb six, 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 any person who had served more than than 365 days in each of two terms from farther presidential service. Both these provisions were removed when the full Senate took upward the bill, but a new provision was, however, added. Put frontwards past Robert A. Taft, it antiseptic 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 Business firm agreed to the Senate's revisions and approved the resolution to amend the Constitution. Afterward, the amendment imposing term limitations on future presidents was submitted to the states for ratification. The ratification process was completed on February 27, 1951, iii years, 343 days after information technology was sent to the states.[19] [20]

Ratification by the states [edit]

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

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

  1. Maine: March 31, 1947
  2. Michigan: March 31, 1947
  3. Iowa: Apr 1, 1947
  4. Kansas: April 1, 1947
  5. New Hampshire: April i, 1947
  6. Delaware: April 2, 1947
  7. Illinois: April iii, 1947
  8. Oregon: April three, 1947
  9. Colorado: Apr 12, 1947
  10. California: Apr 15, 1947
  11. New Jersey: April fifteen, 1947
  12. Vermont: April 15, 1947
  13. Ohio: April xvi, 1947
  14. Wisconsin: April sixteen, 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 nine, 1948
  22. South Dakota: January 21, 1949
  23. North 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: Feb 12, 1951
  29. Wyoming: February 12, 1951
  30. Arkansas: February 15, 1951
  31. Georgia: February 17, 1951
  32. Tennessee: February 20, 1951
  33. Texas: February 22, 1951
  34. Utah: Feb 26, 1951
  35. Nevada: Feb 26, 1951
  36. Minnesota: February 27, 1951
    Ratification was completed when the Minnesota Legislature ratified the amendment. On March i, 1951, the Ambassador of General Services, Jess Larson, issued a certificate proclaiming the 22nd Amendment duly ratified and function of the Constitution. The amendment was subsequently ratified by:[iii]
  37. North Carolina: Feb 28, 1951
  38. Southward Carolina: March 13, 1951
  39. Maryland: March xiv, 1951
  40. Florida: April xvi, 1951
  41. Alabama: May four, 1951

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

Effect [edit]

Because of the granddad clause in Section one, the amendment did not apply to Harry Southward. Truman, as he was the incumbent president at the fourth dimension information technology came into force. Truman, who had served nearly 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 job blessing rating at around 27%,[21] [22] and after a poor operation in the 1952 New Hampshire primary, Truman chose not to seek his party'due south nomination. Since becoming operative in 1951, the amendment has been applicable to six presidents who have been elected twice: Dwight D. Eisenhower, Richard Nixon, Ronald Reagan, Nib Clinton, George W. Bush-league, and Barack Obama.

Interaction with the Twelfth Subpoena [edit]

As worded, the focus of the 22nd Amendment is on limiting individuals from beingness elected to the presidency more than twice. Questions have been raised about the amendment's significant and application, especially 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 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 ii-term former president could possibly be elected vice president then succeed to the presidency equally a outcome of the incumbent'south decease, resignation, or removal from function, or succeed to the presidency from some other stated office in the presidential line of succession.[ix] [24]

Some argue that the 22nd Amendment and 12th Amendment bar any two-term president from subsequently serving as vice president as well every bit from succeeding to the presidency from whatever point in the presidential line of succession.[25] Others debate 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 old 2-term president is still eligible to serve every bit 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 be prohibited from running for election to an additional term.[26] [27]

The applied applicability of this distinction has not been tested, equally no twice-elected president has ever been nominated for the vice presidency. While Hillary Clinton once 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 amendment as stupid and ane 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 button for a repeal of the 22nd Amendment because he thought it infringed on people's democratic 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 2 consecutive terms but and then allow non-sequent terms, considering of longer life expectancies.[31] Donald Trump questioned presidential term limits on multiple occasions while in office, and in public remarks talked nearly serving beyond the limits of the 22nd Amendment. During an April 2019 White House issue for the Wounded Warrior Project, he suggested he would remain president for ten to 14 years.[32] [33]

The starting time efforts in Congress to repeal the 22nd Amendment were undertaken in 1956, five years afterward the subpoena'due south ratification. Over the adjacent 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 (ane per Congress, all unsuccessful) to repeal the subpoena.[34] Repeal has too been supported past Representatives Barney Frank and David Dreier and Senators Mitch McConnell[35] and Harry Reid.[36]

Meet also [edit]

  • Term limits in the United States
  • 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 April 12, 2019. Retrieved March 22, 2018.
  2. ^ "FDR'due south third-term election and the 22nd subpoena - National Constitution Center". National Constitution Heart – constitutioncenter.org . Retrieved September thirty, 2021.
  3. ^ a b c "Constitution of the U.s.: Analysis and Interpretation" (PDF). Washington, D.C.: Library of Congress. Baronial 26, 2017. pp. 39–forty. Retrieved March 22, 2018.
  4. ^ a b Buckley, F. H.; Metzger, Gillian. "Twenty-second Amendment". The Interactive Constitution. Philadelphia, Pennsylvania: The National Constitution Centre. Archived from the original on January xiv, 2021. Retrieved March 19, 2018.
  5. ^ Showtime draft U.South.CONST., fine art. 10, 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 Jan 14, 2021. Retrieved March 19, 2018.
  8. ^ a b Peabody, Bruce. "Presidential Term Limit". The Heritage Foundation. Archived from the original on July 24, 2017. Retrieved January 10, 2017.
  9. ^ a b c d e f Peabody, Bruce Yard.; Gant, Scott E. (February 1999). "The Twice and Futurity President: Ramble Interstices and the Twenty-2d Amendment". Minnesota Law Review. Minneapolis: Academy of Minnesota Police Schoolhouse. 83 (3): 565–635. Archived from the original on Jan 15, 2013. Retrieved June 12, 2015.
  10. ^ Pietrusza, David (2007). The Year of the Half-dozen Presidents. New York: Carroll and Graf. pp. 187–200. ISBN978-0-78671-622-seven.
  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's Side: The Vice Presidency in the Twentieth Century. Columbia, Missouri: Academy of Missouri Printing. pp. 52–53. ISBN0-8262-1133-X . Retrieved March 20, 2018.
  13. ^ a b "FDR's 3rd-term decision and the 22nd amendment". Constitution Daily. Philadelphia, Pennsylvania: The National Constitution Eye. Archived from the original on January fourteen, 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-three.
  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 twenty, 2018.
  16. ^ Leuchtenburg, William E. "Franklin D. Roosevelt: Death of the President". Charlottesville, Virginia: Miller Center of Public Diplomacy, 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 express by 22nd Subpoena". Tahlequah Daily Press. Archived from the original on Jan 14, 2021. Retrieved March 22, 2018.
  19. ^ "22nd Amendment: Two-Term Limit on Presidency". constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Center. Archived from the original on Feb xx, 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 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 Task Approval: F. Roosevelt (1941)—Trump". Data adapted from the Gallup Poll and compiled past Gerhard Peters. Santa Barbara, California: The American Presidency Project. Archived from the original on Jan 14, 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 xiv, 2021. Retrieved March eleven, 2018.
  24. ^ Ready, Joel A. "The 22nd Amendment Doesn't Say What Y'all Think It Says". Blandon, Pennsylvania: Cornerstone Constabulary Firm. Archived from the original on January fourteen, 2021. Retrieved November 6, 2017.
  25. ^ Franck, Matthew J. (July 31, 2007). "Constitutional Sleight of Mitt". 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 G. (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 xiv, 2021. Retrieved June 12, 2008.
  28. ^ LoBianco, Tom (September 15, 2015). "Hillary Clinton: Neb as 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 back up of Carleton University. 29 (iii): 133–148. doi:10.3138/CRAS-029-03-06. S2CID 159908265.
  30. ^ Reagan, Ronald (January 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. December seven, 2000. Archived from the original on Jan fourteen, 2021. Retrieved March 26, 2018.
  32. ^ Einbinder, Nicole (June 17, 2019). "Trump suggested his supporters want him to serve more 2 terms every bit president". Business organization Insider. Archived from the original on January 14, 2021. Retrieved September xiv, 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 Civic Impulse, LLC. 2013. Archived from the original on January fourteen, 2021. Retrieved March 23, 2018.
  35. ^ "Beak 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: Twenty-2d Amendment
  • CRS Annotated Constitution: Twenty-second Amendment

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

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