Can a Lresident Relect Himself if Elected but Not Removed

1951 amendment limiting presidents to two terms

The Twenty-2nd 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 U.s. to two, and sets additional eligibility weather condition for presidents who succeed to the unexpired terms of their predecessors.^[1]

Until the amendment's ratification, the president had not been subject area to term limits, but George Washington had established a two-term tradition that many other presidents followed. In the 1940 presidential election and the 1944 presidential ballot, Franklin D. Roosevelt became the start president to win third and 4th terms, giving rise to concerns well-nigh a president serving an unlimited number of terms. After Roosevelt's death, Republicans and bourgeois Democrats were swept into Congress in the 1946 elections and were in position to propose an subpoena restricting the number of presidential terms.^[two] Congress approved the Xx-2nd Amendment on March 21, 1947, and submitted it to the state legislatures for ratification. That process was completed on Feb 27, 1951, when the requisite 36 of the 48 states had ratified the amendment (neither Alaska nor Hawaii had yet 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 more. Under the amendment, someone who fills an unexpired presidential term lasting more than than two years is besides prohibited from being elected president more once. Scholars debate whether the amendment prohibits affected individuals from succeeding to the presidency under whatsoever circumstances or whether it applies only to presidential elections.

Text [edit]

Department i. No person shall exist elected to the part of the President more than twice, and no person who has held the office of President, or acted as President, for more two years of a term to which another person was elected President shall be elected to the role of the President more than one time. Merely this Article shall not apply to whatever person holding the part of President when this Article was proposed by the Congress, and shall non prevent whatsoever person who may exist property the office of President, or acting as President, during the term within which this Article becomes operative from property the function of President or acting every bit President during the balance of such term.

Section ii. This Article shall be inoperative unless information technology shall have been ratified as an amendment to the Constitution past the legislatures of iii-fourths of the several states within seven years from the date of its submission to the states by the Congress.^[3]

Groundwork [edit]

The Twenty-second Amendment was a reaction to Franklin D. Roosevelt'southward election to an unprecedented four terms every bit president, just presidential term limits had long been debated in American politics. Delegates to the Constitutional Convention of 1787 considered the issue extensively (aslope broader questions, such as who would elect the president, and the president'due south 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 as tantamount to constituent monarchy.^[four] An early on draft of the U.S. Constitution provided that the president was restricted to i vii-year term.^[5] Ultimately, the Framers approved 4-year terms with no brake 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. Equally his 2nd term entered its last year in 1796, Washington was exhausted from years of public service, and his health had begun to refuse. He was as well 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 not to run for a third term, a decision he announced to the nation in his September 1796 Farewell Accost.^[vi] Eleven years later, equally Thomas Jefferson neared the halfway point of his 2nd term, he wrote,

If some termination to the services of the chief magistrate be not fixed by the Constitution, or supplied by practise, his office, nominally for years, will in fact, become for life; and history shows how hands that degenerates into an inheritance.^[7]

Since Washington made his historic announcement, numerous academics and public figures have looked at his decision to retire after two terms, and have, co-ordinate to political scientist Bruce Peabody, "argued he had established a ii-term tradition that served as a vital cheque against any one person, or the presidency as a whole, accumulating likewise much ability".^[8] Various amendments aimed at changing informal precedent to ramble law were proposed in Congress in the early to mid-19th century, but none passed.^{[four] [nine]} Three of the next iv presidents after Jefferson—James Madison, James Monroe, and Andrew Jackson—served 2 terms, and each adhered to the two-term principle;^[1] Martin Van Buren was the only president betwixt Jackson and Abraham Lincoln to exist nominated for a second term, though he lost the 1840 election and so served simply 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 virtually respects resembled the United states Constitution, but limited the president to a single 6-year 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 once again in 1876. But interest 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 after 2 terms. Even and then, every bit the 1880 election approached, he sought nomination for a (non-consecutive) 3rd term at the 1880 Republican National Convention, but narrowly lost to James Garfield, who won the 1880 election.^[nine]

Theodore Roosevelt succeeded to the presidency on September fourteen, 1901, post-obit William McKinley's bump-off (194 days into his 2nd term), and was handily elected to a full term in 1904. He declined to seek a third (second full) term in 1908, only did run over again in the election of 1912, losing to Woodrow Wilson. Wilson himself, despite his ill wellness following a serious stroke, aspired to a third term. Many of his advisers tried to convince him that his wellness precluded another campaign, only Wilson nonetheless asked that his proper name be placed in nomination for the presidency at the 1920 Autonomous National Convention.^[10] Democratic Party leaders were unwilling to support 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 comeback, but again lacked whatsoever back up; he died in February of that twelvemonth.^[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, appear 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 complimentary 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 ballot.^{[nine] [12]} Roosevelt won a decisive victory over Republican Wendell Willkie, becoming the start (and to date simply) president to exceed eight years in role. His conclusion to seek a third term dominated the election campaign.^[thirteen] Willkie ran against the open-ended presidential tenure, while Democrats cited the state of war in Europe every bit a reason for breaking with precedent.^[9]

Four years afterwards, Roosevelt faced Republican Thomas Eastward. Dewey in the 1944 election. Near the stop of the campaign, Dewey announced his support of a ramble amendment to limit presidents to two terms. According to Dewey, "four terms, or xvi years (a direct reference to the president's tenure in office four years hence), is the near unsafe threat to our freedom ever proposed."^[14] He too 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 wellness during the entrada, Roosevelt's wellness was deteriorating. On April 12, 1945, only 82 days after his fourth inauguration, he suffered a cerebral hemorrhage and died, to be succeeded past Vice President Harry Truman.^[xvi] In the midterm elections 18 months later, Republicans took command of the House and the Senate. Equally many of them had campaigned on the issue of presidential tenure, declaring their back up for a constitutional amendment that would limit how long a person could serve every bit president, the event was given priority in the 80th Congress when it convened in January 1947.^[8]

Proposal and ratification [edit]

Proposal in Congress [edit]

The Business firm of Representatives took quick action, approving 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 February half-dozen, 1947.^[17] Meanwhile, the Senate developed its own proposed amendment, which initially differed from the Firm proposal by requiring that the amendment be submitted to state ratifying conventions for ratification, rather than to the land 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 total Senate took upward the bill, only a new provision was, notwithstanding, added. Put forrad by Robert A. Taft, information technology clarified procedures governing the number of times a vice president who succeeded to the presidency might exist 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 improve the Constitution. Later, the amendment imposing term limitations on future presidents was submitted to u.s.a. for ratification. The ratification process was completed on February 27, 1951, iii years, 343 days after it was sent to the states.^{[19] [20]}

Ratification by united states [edit]

A map of how u.s. voted on the 20-second Subpoena

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

1. Maine: March 31, 1947
2. Michigan: March 31, 1947
3. Iowa: Apr 1, 1947
4. Kansas: Apr ane, 1947
5. New Hampshire: April 1, 1947
6. Delaware: April 2, 1947
7. Illinois: April 3, 1947
8. Oregon: April iii, 1947
9. Colorado: April 12, 1947
10. California: April 15, 1947
11. New Bailiwick of jersey: Apr xv, 1947
12. Vermont: April xv, 1947
13. Ohio: Apr xvi, 1947
14. Wisconsin: Apr 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. South 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: 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: 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 1, 1951, the Administrator of General Services, Jess Larson, issued a certificate proclaiming the 22nd Amendment duly ratified and part of the Constitution. The amendment was subsequently ratified by:^[iii]
37. North Carolina: February 28, 1951
38. South Carolina: March thirteen, 1951
39. Maryland: March fourteen, 1951
40. Florida: Apr 16, 1951
41. Alabama: May four, 1951

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

Issue [edit]

Because of the grandad clause in Section 1, the amendment did not apply to Harry S. Truman, equally he was the incumbent president at the time it came into force. Truman, who had served nearly all of Franklin Roosevelt'due south unexpired 4th term and who was elected to a full term in 1948, was thus eligible for reelection in 1952.^[13] But with his job approval rating at effectually 27%,^{[21] [22]} and subsequently a poor functioning in the 1952 New Hampshire principal, Truman chose not to seek his party'southward nomination. Since condign operative in 1951, the amendment has been applicable to six 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]

Equally worded, the focus of the 22nd Amendment is on limiting individuals from beingness elected to the presidency more than twice. Questions accept been raised about the amendment's significant and awarding, 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 historic period, citizenship, and residency utilize 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 one-time president could peradventure exist elected vice president and and then succeed to the presidency equally a result of the incumbent'south decease, resignation, or removal from part, or succeed to the presidency from some other stated part in the presidential line of succession.^{[9] [24]}

Some argue that the 22nd Amendment and 12th Subpoena bar whatever two-term president from subsequently serving every bit vice president as well as from succeeding to the presidency from whatever indicate in the presidential line of succession.^[25] Others contend that the original intent of the 12th Subpoena concerns qualification for service (age, residence, and citizenship), while the 22nd Amendment, concerns qualifications for election, and thus a former two-term president is still eligible to serve as vice president. Neither amendment restricts the number of times someone can be elected to the vice presidency and and then succeed to the presidency to serve out the balance of the term, although the person could exist prohibited from running for ballot to an additional term.^{[26] [27]}

The practical applicability of this stardom has not been tested, every bit no twice-elected president has always been nominated for the vice presidency. While Hillary Clinton once suggested she considered former President Neb Clinton as her running mate,^[28] the ramble question remains unresolved.^[1]

Attempts at repeal [edit]

Over the years, several presidents have voiced their antipathy toward the amendment. Later leaving function, Harry Truman described the amendment equally stupid and ane of the worst amendments of the Constitution with the exception of the Prohibition Amendment.^[29] A few days before leaving part in January 1989, President Ronald Reagan said he would push for a repeal of the 22nd Subpoena because he idea it infringed on people's democratic rights.^[30] In a Nov 2000 interview with Rolling Rock, President Neb Clinton suggested that the 22nd Amendment should exist altered to limit presidents to 2 consecutive terms, but 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 most serving across the limits of the 22nd Amendment. During an April 2022 White House 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 Subpoena were undertaken in 1956, five years later the amendment'due south ratification. Over the next 50 years, 54 joint resolutions seeking to repeal the two-term presidential election limit were introduced.^[one] Between 1997 and 2013, José E. Serrano, Democratic representative for New York, introduced nine resolutions (i per Congress, all unsuccessful) to repeal the subpoena.^[34] Repeal has also been supported by Representatives Barney Frank and David Dreier and Senators Mitch McConnell^[35] and Harry Reid.^[36]

Meet also [edit]

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

References [edit]

1. ^ ^{a b c d east} 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'southward third-term election and the 22nd amendment - National Constitution Center". National Constitution Eye – constitutioncenter.org . Retrieved September xxx, 2021.
3. ^ ^{a b c} "Constitution of the United states of America: Analysis 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-second Amendment". The Interactive Constitution. Philadelphia, Pennsylvania: The National Constitution Center. Archived from the original on January 14, 2021. Retrieved March nineteen, 2018.
5. ^ First draft U.s.CONST., art. Ten, section ane.
6. ^ Ferling, John (2009). The Rise 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 ten, 1807). "Letter of the alphabet 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 10, 2017.
9. ^ ^{a b c d e f} Peabody, Bruce G.; Gant, Scott Eastward. (February 1999). "The Twice and Future President: Ramble Interstices and the 20-2nd Amendment". Minnesota Police Review. Minneapolis: University of Minnesota Law School. 83 (iii): 565–635. Archived from the original on Jan 15, 2013. Retrieved June 12, 2015.
10. ^ Pietrusza, David (2007). The Yr of the Six 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 Press. pp. 260–262. ISBN9780313305207.
12. ^ Rosen, Elliot A. (1997). "'Not Worth a Pitcher of Warm Piss': John Nance Garner every bit Vice President". In Walch, Timothy (ed.). At the President'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's third-term decision and the 22nd amendment". Constitution Daily. Philadelphia, Pennsylvania: The National Constitution Middle. Archived from the original on January xiv, 2021. Retrieved June 29, 2014.
14. ^ Jordan, David One thousand. (2011). FDR, Dewey, and the Election of 1944. Bloomington, Indiana: Indiana University Press. p. 290. ISBN978-0-253-35683-iii.
15. ^ Leuchtenburg, William E. "Franklin D. Roosevelt: Campaigns and Elections". Charlottesville, Virginia: Miller Center of Public Affairs, University of Virginia. Archived from the original on January 14, 2021. Retrieved March twenty, 2018.
16. ^ Leuchtenburg, William E. "Franklin D. Roosevelt: Death of the President". Charlottesville, Virginia: Miller Center of Public Affairs, University of Virginia. Archived from the original on January 14, 2021. Retrieved March xx, 2018.
17. ^ Congressional Quarterly. (1947). Limitations of Presidential Tenure. Congressional Quarterly Vol. 3. 92-93, 96.
18. ^ ^{a b} Rowley, Sean (July 26, 2014). "Presidential terms limited by 22nd Subpoena". Tahlequah Daily Press. Archived from the original on Jan 14, 2021. Retrieved March 22, 2018.
19. ^ "22nd Amendment: Ii-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 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 Mail. Archived from the original on January xiv, 2021. Retrieved March 27, 2018.
22. ^ Peters, Gerhard; Woolley, John T. "Presidential Job Approval: F. Roosevelt (1941)—Trump". Data adjusted from the Gallup Poll and compiled by Gerhard Peters. Santa Barbara, California: The American Presidency Project. Archived from the original on January xiv, 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 Retrieve It Says". Blandon, Pennsylvania: Cornerstone Police House. Archived from the original on January 14, 2021. Retrieved Nov half-dozen, 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 ii, 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 back Neb: A Clinton-Clinton 2008 ticket is constitutionally possible". The Christian Scientific discipline Monitor. Archived from the original on January 14, 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 Confronting 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 (three): 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 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 vii, 2000. Archived from the original on January fourteen, 2021. Retrieved March 26, 2018.
32. ^ Einbinder, Nicole (June 17, 2019). "Trump suggested his supporters desire him to serve more than two terms equally president". Concern Insider. Archived from the original on January 14, 2021. Retrieved September 14, 2019.
33. ^ Croucher, Shane (September 11, 2019). "Donald Trump Posts Image 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. 15 (113th): Proposing an amendment to the Constitution of the United States to repeal the 20-second commodity of amendment, thereby removing the limitation on the number of terms an individual may serve every bit President". Washington, D.C.: GovTrack, a projection of Civic Impulse, LLC. 2013. Archived from the original on Jan 14, 2021. Retrieved March 23, 2018.
35. ^ "Bill to Repeal the 22nd Amendment". Snopes.com . Retrieved October 19, 2018.
36. ^ potus_geeks (Feb 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 United States Constitution: Xx-2d Amendment
• CRS Annotated Constitution: Twenty-2nd Subpoena

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

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