Can an Ex President Ever Run Again?

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 election to the office of President of the U.s.a. to two, and sets boosted eligibility conditions for presidents who succeed to the unexpired terms of their predecessors.^[ane]

Until the amendment'south ratification, the president had non been subject to term limits, but George Washington had established a 2-term tradition that many other presidents followed. In the 1940 and 1944 presidential elections, however, Democrat Franklin D. Roosevelt became the first president to win 3rd and fourth terms, giving rising to concerns about a president serving an unlimited number of terms. Following Roosevelt's 1945 death, Republicans and conservative Democrats were swept into Congress in the 1946 elections and were in position to propose an amendment restricting the number of presidential terms.^[ii] Congress approved the Xx-second Subpoena on March 21, 1947, and submitted it to the land legislatures for ratification. That process was completed on February 27, 1951, when the requisite 36 of the 48 states had ratified the amendment (neither Alaska nor Hawaii had yet been admitted every bit states), and its provisions came into force 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 two years is also prohibited from being elected president more than than once. Scholars debate whether the subpoena prohibits affected individuals from succeeding to the presidency under any circumstances or whether information technology applies only to presidential elections.

Text [edit]

Section 1. No person shall be elected to the role of the President more than than twice, and no person who has held the part of President, or acted as President, for more than 2 years of a term to which some other person was elected President shall be elected to the function of the President more than than once. Merely this Article shall not apply to whatever person belongings the function of President when this Commodity was proposed by the Congress, and shall not prevent any person who may be property the office of President, or acting as President, during the term within which this Commodity becomes operative from property the office of President or acting as President during the remainder of such term.

Section two. This Article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of 3-fourths of the several states within 7 years from the date of its submission to united states of america by the Congress.^[iii]

Background [edit]

The Twenty-second Amendment was a reaction to Franklin D. Roosevelt's election to an unprecedented four terms equally president, merely 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 as who would elect the president, and the president'southward role). Many, including Alexander Hamilton and James Madison, supported lifetime tenure for presidents, while others favored stock-still terms. Virginia's George Stonemason denounced the life-tenure proposal as tantamount to elective monarchy.^[iv] An early draft of the U.Due south. Constitution provided that the president was restricted to ane seven-year term.^[5] Ultimately, the Framers approved 4-year terms with no restriction on how many times a person could exist elected president.

Though dismissed past the Constitutional Convention, term limits for U.S. presidents were contemplated during the presidencies of George Washington and Thomas Jefferson. Equally his second term entered its final year in 1796, Washington was wearied from years of public service, and his health had begun to pass up. 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 achieved 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 Adieu Address.^[6] Eleven years afterwards, every bit 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 office, nominally for years, will in fact, become 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 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 check confronting whatsoever ane person, or the presidency as a whole, accumulating likewise much power".^[viii] Diverse amendments aimed at changing informal precedent to constitutional law were proposed in Congress in the early to mid-19th century, just none passed.^{[four] [9]} Three of the next four presidents subsequently Jefferson—James Madison, James Monroe, and Andrew Jackson—served ii terms, and each adhered to the two-term principle;^[1] Martin Van Buren was the but president between Jackson and Abraham Lincoln to exist nominated for a second term, though he lost the 1840 election and so served only one term.^[9] At the outset of the Civil State of war the seceding States drafted the Constitution of the Amalgamated States of America, which in most respects resembled the United States Constitution, just limited the president to a single six-yr term.

In spite of the potent 2-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 over 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 two terms. Fifty-fifty so, as the 1880 election approached, he sought nomination for a (non-consecutive) third term at the 1880 Republican National Convention, merely narrowly lost to James Garfield, who won the 1880 election.^[9]

Theodore Roosevelt succeeded to the presidency on September 14, 1901, following William McKinley's assassination (194 days into his 2nd term), and was handily elected to a total term in 1904. He declined to seek a third (second full) term in 1908, just did run over again in the ballot of 1912, losing to Woodrow Wilson. Wilson himself, despite his ill wellness following a serious stroke, aspired to a tertiary term. Many of his advisers tried to convince him that his wellness 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 back up Wilson, and the nomination went to James M. Cox, who lost to Warren Chiliad. Harding. Wilson again contemplated running for a (nonconsecutive) third term in 1924, devising a strategy for his comeback, but once again lacked any support; he died in February of that year.^[eleven]

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 but if drafted, proverb delegates were free to vote for whomever they pleased. This bulletin was interpreted to mean he was willing to be drafted, and he was renominated on the convention's first ballot.^{[9] [12]} Roosevelt won a decisive victory over Republican Wendell Willkie, becoming the first (and to engagement just) president to exceed eight years in office. His decision to seek a third term dominated the election campaign.^[thirteen] Willkie ran confronting the open-ended presidential tenure, while Democrats cited the state of war in Europe as a reason for breaking with precedent.^[nine]

4 years subsequently, Roosevelt faced Republican Thomas E. Dewey in the 1944 election. Nigh the finish of the entrada, 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 role four years hence), is the most dangerous threat to our liberty ever proposed."^[fourteen] He likewise discreetly raised the event of the president's age. Roosevelt exuded enough free energy and charisma to retain voters' conviction and was elected to a fourth term.^[15]

While he quelled rumors of poor health during the campaign, Roosevelt's wellness was deteriorating. On Apr 12, 1945, only 82 days afterwards his fourth inauguration, he suffered a cognitive hemorrhage and died, to be succeeded by Vice President Harry Truman.^[16] In the midterm elections xviii months later, Republicans took command of the Firm and the Senate. As 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.^[8]

Proposal and ratification [edit]

Proposal in Congress [edit]

The House of Representatives took quick action, approving a proposed ramble amendment (House Articulation Resolution 27) setting a limit of 2 4-year terms for future presidents. Introduced past Earl C. Michener, the measure out 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 exist submitted to state ratifying conventions for ratification, rather than to the state 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, but a new provision was, nonetheless, added. Put forward by Robert A. Taft, it 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 amend the Constitution. Afterward, the subpoena imposing term limitations on future presidents was submitted to u.s. for ratification. The ratification process was completed on February 27, 1951, 3 years, 343 days afterward it 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: April i, 1947
4. Kansas: April 1, 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: Apr 15, 1947
11. New Jersey: Apr 15, 1947
12. Vermont: April xv, 1947
13. Ohio: April sixteen, 1947
14. Wisconsin: April sixteen, 1947
15. Pennsylvania: Apr 29, 1947
16. Connecticut: May 21, 1947
17. Missouri: May 22, 1947
18. Nebraska: May 23, 1947
19. Virginia: January 28, 1948
20. Mississippi: February 12, 1948
21. New York: March 9, 1948
22. Due south Dakota: Jan 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: Jan thirty, 1951
28. New Mexico: February 12, 1951
29. Wyoming: February 12, 1951
30. Arkansas: Feb 15, 1951
31. Georgia: February 17, 1951
32. Tennessee: February twenty, 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 subpoena. On March 1, 1951, the Administrator 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:^[3]
37. N Carolina: February 28, 1951
38. South Carolina: March 13, 1951
39. Maryland: March xiv, 1951
40. Florida: April 16, 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]

Result [edit]

Because of the granddaddy clause in Section 1, the amendment did not use to Harry S. Truman, equally he was the incumbent president at the time it came into strength. Truman, who had served nearly all of Franklin Roosevelt's unexpired fourth term and who was elected to a full term in 1948, was thus eligible for reelection in 1952.^[13] But with his job approving rating at around 27%,^{[21] [22]} and afterward 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 applicative to vi presidents who have been elected twice: Dwight D. Eisenhower, Richard Nixon, Ronald Reagan, Bill Clinton, George Westward. Bush, and Barack Obama.

Interaction with the Twelfth Amendment [edit]

As 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 subpoena's pregnant and application, especially in relation to the 12th Subpoena, ratified in 1804, which states, "no person constitutionally ineligible to the office of President shall exist eligible to that of Vice-President of the U.s.a.."^[23] While the 12th Subpoena stipulates that the ramble qualifications of age, citizenship, and residency apply 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 ambivalence, a two-term old president could possibly exist elected vice president then succeed to the presidency as a result of the incumbent's death, resignation, or removal from office, or succeed to the presidency from another stated office in the presidential line of succession.^{[9] [24]}

Some argue that the 22nd Amendment and twelfth Amendment bar any two-term president from afterwards serving equally vice president as well as from succeeding to the presidency from whatsoever bespeak in the presidential line of succession.^[25] Others contend that the original intent of the twelfth Amendment concerns qualification for service (historic period, residence, and citizenship), while the 22nd Amendment, concerns qualifications for ballot, and thus a erstwhile ii-term president is however eligible to serve as 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 exist prohibited from running for election to an additional term.^{[26] [27]}

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

Attempts at repeal [edit]

Over the years, several presidents accept voiced their antipathy toward the amendment. Later on leaving part, Harry Truman described the subpoena every bit stupid and ane of the worst amendments of the Constitution with the exception of the Prohibition Amendment.^[29] A few days earlier leaving office in Jan 1989, President Ronald Reagan said he would push for a repeal of the 22nd Amendment because he thought it infringed on people'southward autonomous rights.^[30] In a November 2000 interview with Rolling Stone, President Beak Clinton suggested that the 22nd Subpoena should be altered to limit presidents to two consecutive terms only then allow non-consecutive terms, considering of longer life expectancies.^[31] Donald Trump questioned presidential term limits on multiple occasions while in role, and in public remarks talked about serving beyond the limits of the 22nd Amendment. During an Apr 2019 White Business firm upshot for the Wounded Warrior Projection, he suggested he would remain president for 10 to fourteen years.^{[32] [33]}

The start efforts in Congress to repeal the 22nd Amendment were undertaken in 1956, five years later on the amendment'due south ratification. Over the next fifty years, 54 joint resolutions seeking to repeal the two-term presidential election limit were introduced.^[one] 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 by Representatives Barney Frank and David Dreier and Senators Mitch McConnell^[35] and Harry Reid.^[36]

See also [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 Alter" (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 tertiary-term election and the 22nd amendment - National Constitution Center". National Constitution Center – constitutioncenter.org . Retrieved September xxx, 2021.
3. ^ ^{a b c} "Constitution of the United States of America: Analysis and Estimation" (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 Middle. Archived from the original on January 14, 2021. Retrieved March xix, 2018.
5. ^ Outset draft U.Due south.CONST., art. X, department one.
6. ^ Ferling, John (2009). The Ascent of George Washington: The Subconscious Political Genius of an American Icon. New York: Bloomsbury Press. pp. 347–348. ISBN978-ane-59691-465-0.
7. ^ Jefferson, Thomas (Dec 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 M.; Gant, Scott E. (Feb 1999). "The Twice and Future President: Constitutional Interstices and the Twenty-2d Amendment". Minnesota Law Review. Minneapolis: Academy of Minnesota Law School. 83 (3): 565–635. Archived from the original on January 15, 2013. Retrieved June 12, 2015.
10. ^ Pietrusza, David (2007). The Year of the Six Presidents. New York: Carroll and Graf. pp. 187–200. ISBN978-0-78671-622-7.
11. ^ Saunders, Robert Thousand. (1998). In Search of Woodrow Wilson: Beliefs and Beliefs. Westport, Connecticut: Greenwood Press. pp. 260–262. ISBN9780313305207.
12. ^ Rosen, Elliot A. (1997). "'Non Worth a Bullpen 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 Press. pp. 52–53. ISBN0-8262-1133-X . Retrieved March twenty, 2018.
13. ^ ^{a b} "FDR's third-term decision and the 22nd subpoena". Constitution Daily. Philadelphia, Pennsylvania: The National Constitution Center. Archived from the original on Jan fourteen, 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-iii.
15. ^ Leuchtenburg, William Due east. "Franklin D. Roosevelt: Campaigns and Elections". Charlottesville, Virginia: Miller Heart of Public Affairs, University of Virginia. Archived from the original on January 14, 2021. Retrieved March 20, 2018.
16. ^ Leuchtenburg, William Eastward. "Franklin D. Roosevelt: Death of the President". Charlottesville, Virginia: Miller Middle 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. Three. 92-93, 96.
18. ^ ^{a b} Rowley, Sean (July 26, 2014). "Presidential terms limited by 22nd Subpoena". Tahlequah Daily Printing. Archived from the original on Jan fourteen, 2021. Retrieved March 22, 2018.
19. ^ "22nd Subpoena: Two-Term Limit on Presidency". constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Center. Archived from the original on Feb 20, 2020. Retrieved June vii, 2020.
20. ^ Mountain, Steve. "Ratification of Constitutional Amendments". usconstitution.cyberspace. Archived from the original on April 23, 2018. Retrieved June ix, 2020.
21. ^ Weldon, Kathleen (August 11, 2015). "The Public and the 22nd Subpoena: Tertiary 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 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'due south Founding Documents. Washington, D.C.: National Archives. Archived from the original on Jan xiv, 2021. Retrieved March xi, 2018.
24. ^ Ready, Joel A. "The 22nd Amendment Doesn't Say What You Recall It Says". Blandon, Pennsylvania: Cornerstone Law Business firm. Archived from the original on January xiv, 2021. Retrieved November 6, 2017.
25. ^ Franck, Matthew J. (July 31, 2007). "Ramble Sleight of Manus". National Review. Archived from the original on June thirteen, 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 Oct 1, 2005.
27. ^ Gant, Scott E.; Peabody, Bruce Thousand. (June xiii, 2006). "How to bring back Bill: A Clinton-Clinton 2008 ticket is constitutionally possible". The Christian Science Monitor. Archived from the original on Jan 14, 2021. Retrieved June 12, 2008.
28. ^ LoBianco, Tom (September fifteen, 2015). "Hillary Clinton: Beak as VP has 'crossed her mind'". CNN. Archived from the original on January fourteen, 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. Academy of Toronto Press on behalf of the Canadian Association for American Studies with the support of Carleton Academy. 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 Amendment". NBC Nightly News (Interview). Interviewed by Tom Brokaw. New York: NBC. Retrieved June fourteen, 2015.
31. ^ "Clinton: I Would've Won 3rd Term". ABC News. Dec vii, 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 ii terms as president". Business Insider. Archived from the original on January 14, 2021. Retrieved September 14, 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 subpoena 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 individual may serve equally President". Washington, D.C.: GovTrack, a project of Borough 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 Subpoena". Archived from the original on January 14, 2021. Retrieved October xix, 2018.

External links [edit]

• The Annenberg Guide to the United States Constitution: Twenty-2nd Subpoena
• CRS Annotated Constitution: 20-2nd Amendment

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

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