After an Impeachment How Many Terms Can a President Serve

1951 amendment limiting presidents to two terms

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

Until the subpoena's ratification, the president had non been subject 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 first president to win third and 4th terms, giving ascent to concerns about a president serving an unlimited number of terms. Afterwards Roosevelt's 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.^[2] Congress approved the Twenty-second Subpoena on March 21, 1947, and submitted it to the state 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 as states), and its provisions came into forcefulness on that date.

The subpoena prohibits anyone who has been elected president twice from existence elected again. Nether the amendment, someone who fills an unexpired presidential term lasting more than ii years is also prohibited from being elected president more than in one case. Scholars debate whether the amendment prohibits afflicted individuals from succeeding to the presidency under whatever circumstances or whether information technology applies only to presidential elections.

Text [edit]

Section 1. No person shall be elected to the office of the President more than twice, and no person who has held the part of President, or acted as President, for more than than ii years of a term to which some other person was elected President shall be elected to the office of the President more than than once. Just this Article shall non apply to any person holding the office of President when this Article was proposed by the Congress, and shall not prevent any person who may exist holding the office of President, or acting every bit President, during the term within which this Article becomes operative from holding the office of President or acting equally President during the remainder of such term.

Section ii. This Article 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.^[3]

Background [edit]

The 20-second Amendment was a reaction to Franklin D. Roosevelt'south election to an unprecedented 4 terms as president, but presidential term limits had long been debated in American politics. Delegates to the Constitutional Convention of 1787 considered the issue extensively (alongside broader questions, such as who would elect the president, and the president'south role). Many, including Alexander Hamilton and James Madison, supported lifetime tenure for presidents, while others favored stock-still terms. Virginia's George Mason denounced the life-tenure proposal as tantamount to elective monarchy.^[4] An early on draft of the U.S. Constitution provided that the president was restricted to ane seven-yr term.^[v] Ultimately, the Framers approved four-year terms with no restriction on how many times a person could be elected president.

Though dismissed by the Ramble Convention, term limits for U.S. presidents were contemplated during the presidencies of George Washington and Thomas Jefferson. As his 2d term entered its last year in 1796, Washington was exhausted from years of public service, and his wellness had begun to decline. He was also bothered by his political opponents' unrelenting attacks, which had escalated later on 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 Farewell Address.^{[half dozen]} Eleven years afterwards, as Thomas Jefferson neared the halfway betoken of his second term, he wrote,

If some termination to the services of the chief magistrate exist not fixed by the Constitution, or supplied by do, his part, 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 take looked at his decision to retire later ii terms, and have, according to political scientist Bruce Peabody, "argued he had established a 2-term tradition that served as a vital check confronting any one person, or the presidency as a whole, accumulating as well much power".^[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.^{[iv] [ix]} Iii of the next iv presidents later on Jefferson—James Madison, James Monroe, and Andrew Jackson—served two terms, and each adhered to the two-term principle;^[1] Martin Van Buren was the only president betwixt Jackson and Abraham Lincoln to be nominated for a 2d term, though he lost the 1840 election and then served but 1 term.^[ix] At the outset of the Civil War the seceding States drafted the Constitution of the Confederate States of America, which in most respects resembled the United States Constitution, but limited the president to a single six-twelvemonth term.

In spite of the strong two-term tradition, a few presidents before Roosevelt attempted to secure a third term. Post-obit Ulysses S. Grant's reelection in 1872, there were serious discussions inside Republican political circles about the possibility of his running again in 1876. Simply 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 afterward two terms. Fifty-fifty and then, as the 1880 ballot approached, he sought nomination for a (non-consecutive) third term at the 1880 Republican National Convention, but narrowly lost to James Garfield, who won the 1880 ballot.^[9]

Theodore Roosevelt succeeded to the presidency on September 14, 1901, following William McKinley'southward bump-off (194 days into his second term), and was handily elected to a full term in 1904. He declined to seek a tertiary (second full) term in 1908, merely 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 health precluded some other campaign, but Wilson notwithstanding asked that his name be placed in nomination for the presidency at the 1920 Autonomous National Convention.^[ten] Democratic Party leaders were unwilling to support Wilson, and the nomination went to James M. Cox, who lost to Warren G. Harding. Wilson once again contemplated running for a (nonconsecutive) third term in 1924, devising a strategy for his comeback, but again lacked any support; he died in Feb 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, appear their candidacies for the Democratic nomination. When the convention came, Roosevelt sent a message to the convention proverb he would run just if drafted, maxim delegates were costless 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 election.^{[nine] [12]} Roosevelt won a decisive victory over Republican Wendell Willkie, becoming the first (and to date only) president to exceed eight years in role. His decision to seek a third term dominated the election campaign.^[13] Willkie ran against the open-ended presidential tenure, while Democrats cited the war in Europe as a reason for breaking with precedent.^[9]

Four years later on, Roosevelt faced Republican Thomas Due east. Dewey in the 1944 election. Most the end of the campaign, Dewey announced his back up of a constitutional subpoena to limit presidents to two terms. According to Dewey, "four terms, or sixteen years (a direct reference to the president's tenure in office four years hence), is the most dangerous threat to our freedom ever proposed."^[14] He too discreetly raised the consequence of the president's age. Roosevelt exuded enough energy and charisma to retain voters' confidence and was elected to a fourth term.^[15]

While he quelled rumors of poor health during the campaign, Roosevelt's health was deteriorating. On April 12, 1945, only 82 days later on his fourth inauguration, he suffered a cerebral hemorrhage and died, to exist succeeded by Vice President Harry Truman.^[sixteen] In the midterm elections 18 months subsequently, Republicans took control of the House and the Senate. As many of them had campaigned on the event of presidential tenure, declaring their support for a constitutional subpoena that would limit how long a person could serve every bit president, the issue was given priority in the 80th Congress when it convened in Jan 1947.^[eight]

Proposal and ratification [edit]

Proposal in Congress [edit]

The House of Representatives took quick activeness, approving a proposed ramble subpoena (House Articulation Resolution 27) setting a limit of two 4-yr terms for future presidents. Introduced by Earl C. Michener, the measure passed 285–121, with support from 47 Democrats, on February 6, 1947.^[17] Meanwhile, the Senate developed its own proposed amendment, which initially differed from the Firm proposal by requiring that the amendment exist 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 up the bill, but a new provision was, however, added. Put forward past Robert A. Taft, information technology clarified procedures governing the number of times a vice president who succeeded to the presidency might exist elected to role. The amended proposal was passed 59–23, with xvi Democrats in favor, on March 12.^{[1] [eighteen]}

On March 21, the Firm agreed to the Senate's revisions and canonical the resolution to meliorate 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 information technology was sent to the states.^{[nineteen] [20]}

Ratification past united states of america [edit]

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

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

1. Maine: March 31, 1947
2. Michigan: March 31, 1947
3. Iowa: April 1, 1947
4. Kansas: April one, 1947
5. New Hampshire: April 1, 1947
6. Delaware: April 2, 1947
7. Illinois: April 3, 1947
8. Oregon: Apr three, 1947
9. Colorado: April 12, 1947
10. California: April xv, 1947
11. New Jersey: April 15, 1947
12. Vermont: April 15, 1947
13. Ohio: April 16, 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 nine, 1948
22. South Dakota: January 21, 1949
23. Northward Dakota: February 25, 1949
24. Louisiana: May 17, 1950
25. Montana: January 25, 1951
26. Indiana: Jan 29, 1951
27. Idaho: Jan 30, 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 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 1, 1951, the Ambassador of General Services, Jess Larson, issued a certificate proclaiming the 22nd Amendment duly ratified and part of the Constitution. The subpoena was subsequently ratified by:^[three]
37. Due north Carolina: February 28, 1951
38. Due south Carolina: March thirteen, 1951
39. Maryland: March 14, 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 Island, Washington, and W Virginia) took no action.^[18]

Result [edit]

Because of the grandfather clause in Section 1, the amendment did not apply to Harry S. Truman, every bit he was the incumbent president at the time it came into force. 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.^[xiii] Just with his task approval rating at effectually 27%,^{[21] [22]} and later on a poor performance in the 1952 New Hampshire primary, Truman chose not to seek his political party'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, Bill Clinton, George W. Bush, 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 pregnant and application, especially in relation to the 12th Amendment, ratified in 1804, which states, "no person constitutionally ineligible to the role of President shall exist eligible to that of Vice-President of the Usa."^[23] While the 12th Amendment stipulates that the constitutional qualifications of age, citizenship, and residency utilise to the president and vice president, information technology is unclear whether someone who is ineligible to be elected president due to term limits could be elected vice president. Because of the ambiguity, a two-term quondam president could possibly be elected vice president and then succeed to the presidency every bit a consequence of the incumbent'due south death, resignation, or removal from office, or succeed to the presidency from another stated function in the presidential line of succession.^{[9] [24]}

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

The applied 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 Bill Clinton as her running mate,^[28] the constitutional question remains unresolved.^[i]

Attempts at repeal [edit]

Over the years, several presidents take voiced their antipathy toward the subpoena. Afterward leaving office, Harry Truman described the subpoena as stupid and 1 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 information technology infringed on people'southward democratic rights.^[30] In a Nov 2000 interview with Rolling Rock, President Neb Clinton suggested that the 22nd Subpoena should be altered to limit presidents to ii sequent terms, but so allow non-consecutive terms, considering 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 fourteen years.^{[32] [33]}

The start efforts in Congress to repeal the 22nd Amendment were undertaken in 1956, five years after the amendment's ratification. Over the next 50 years, 54 joint resolutions seeking to repeal the ii-term presidential ballot limit were introduced.^[1] Betwixt 1997 and 2013, José East. Serrano, Democratic representative for New York, introduced nine resolutions (1 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 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's 3rd-term ballot and the 22nd subpoena - National Constitution Eye". National Constitution Eye – constitutioncenter.org . Retrieved September thirty, 2021.
3. ^ ^{a b c} "Constitution of the Usa: 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. "Xx-second Subpoena". The Interactive Constitution. Philadelphia, Pennsylvania: The National Constitution Center. Archived from the original on January 14, 2021. Retrieved March xix, 2018.
5. ^ First typhoon The statesCONST., fine art. 10, department 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 x, 1807). "Alphabetic character 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 ten, 2017.
9. ^ ^{a b c d e f} Peabody, Bruce 1000.; Gant, Scott E. (February 1999). "The Twice and Time to come President: Constitutional Interstices and the Twenty-2nd Amendment". Minnesota Law Review. Minneapolis: Academy of Minnesota Law School. 83 (3): 565–635. Archived from the original on January xv, 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-vii.
11. ^ Saunders, Robert M. (1998). In Search of Woodrow Wilson: Beliefs and Behavior. Westport, Connecticut: Greenwood Press. pp. 260–262. ISBN9780313305207.
12. ^ Rosen, Elliot A. (1997). "'Not 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: University of Missouri Press. pp. 52–53. ISBN0-8262-1133-Ten . Retrieved March 20, 2018.
13. ^ ^{a b} "FDR's third-term conclusion 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. ^ Hashemite kingdom of jordan, David M. (2011). FDR, Dewey, and the Election of 1944. Bloomington, Indiana: Indiana Academy Press. p. 290. ISBN978-0-253-35683-3.
15. ^ Leuchtenburg, William Due east. "Franklin D. Roosevelt: Campaigns and Elections". Charlottesville, Virginia: Miller Heart of Public Affairs, Academy of Virginia. Archived from the original on January 14, 2021. Retrieved March 20, 2018.
16. ^ Leuchtenburg, William E. "Franklin D. Roosevelt: Death of the President". Charlottesville, Virginia: Miller Heart of Public Affairs, Academy of Virginia. Archived from the original on January fourteen, 2021. Retrieved March 20, 2018.
17. ^ Congressional Quarterly. (1947). Limitations of Presidential Tenure. Congressional Quarterly Vol. III. 92-93, 96.
18. ^ ^{a b} Rowley, Sean (July 26, 2014). "Presidential terms limited past 22nd Amendment". Tahlequah Daily Printing. Archived from the original on January 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 February 20, 2020. Retrieved June 7, 2020.
20. ^ Mount, Steve. "Ratification of Constitutional Amendments". usconstitution.internet. Archived from the original on April 23, 2018. Retrieved June ix, 2020.
21. ^ Weldon, Kathleen (August 11, 2015). "The Public and the 22nd Subpoena: Third Terms and Lame Ducks". Huffington Mail service. Archived from the original on January 14, 2021. Retrieved March 27, 2018.
22. ^ Peters, Gerhard; Woolley, John T. "Presidential Chore 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 14, 2021. Retrieved March 27, 2018.
23. ^ "The Constitution: Amendments 11-27". America's Founding Documents. Washington, D.C.: National Athenaeum. Archived from the original on January 14, 2021. Retrieved March 11, 2018.
24. ^ Ready, Joel A. "The 22nd Amendment Doesn't Say What You Call back It Says". Blandon, Pennsylvania: Cornerstone Law Firm. Archived from the original on January 14, 2021. Retrieved November 6, 2017.
25. ^ Franck, Matthew J. (July 31, 2007). "Ramble Sleight of Hand". National Review. Archived from the original on June xiii, 2008. Retrieved June 12, 2008.
26. ^ Dorf, Michael C. (Baronial 2, 2000). "Why the Constitution permits a Gore-Clinton ticket". CNN. Archived from the original on October 1, 2005.
27. ^ Gant, Scott E.; 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: Bill equally VP has 'crossed her mind'". CNN. Archived from the original on Jan 14, 2021. Retrieved Oct 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 Printing on behalf of the Canadian Association for American Studies with the back up of Carleton University. 29 (3): 133–148. doi:x.3138/CRAS-029-03-06. S2CID 159908265.
30. ^ Reagan, Ronald (January xviii, 1989). "President Reagan Says He Volition Fight to Repeal 22nd Amendment". NBC Nightly News (Interview). Interviewed past 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 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 fourteen, 2021. Retrieved September 14, 2019.
33. ^ Croucher, Shane (September 11, 2019). "Donald Trump Posts Image on Twitter, Instagram Joking That He'll Stand in 2024". Newsweek. Archived from the original on 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 article of amendment, thereby removing the limitation on the number of terms an individual may serve every bit President". Washington, D.C.: GovTrack, a project of Civic Impulse, LLC. 2013. Archived from the original on Jan 14, 2021. Retrieved March 23, 2018.
35. ^ "Neb to Repeal the 22nd Subpoena". Snopes.com . Retrieved October xix, 2018.
36. ^ potus_geeks (February 27, 2012). "The 22nd Amendment". Archived from the original on January 14, 2021. Retrieved Oct 19, 2018.

External links [edit]

• The Annenberg Guide to the U.s. 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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