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If a President Doesnt Get a Second Term Can He Run Again at a Later Date

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1951 amendment 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 Usa to two, and sets boosted eligibility conditions for presidents who succeed to the unexpired terms of their predecessors.[1] Congress approved the 20-second Amendment on March 21, 1947, and submitted information technology to the land 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 equally states), and its provisions came into forcefulness on that appointment.

The amendment prohibits anyone who has been elected president twice from being elected once again. Nether the amendment, someone who fills an unexpired presidential term lasting more than two years is also prohibited from beingness elected president more than in one case. Scholars contend whether the amendment prohibits affected individuals from succeeding to the presidency under whatever circumstances or whether it applies only to presidential elections. Until the amendment'due south ratification, the president had not been field of study to term limits, but both George Washington and Thomas Jefferson (the first and third presidents) decided not to serve a 3rd term, establishing a two-term tradition that subsequent presidents followed. In the 1940 and 1944 presidential elections, Franklin D. Roosevelt became the first president to win third and fourth terms, giving rise to concerns nearly a president serving unlimited terms.[2]

Text [edit]

Section ane. No person shall be elected to the office of the President more twice, and no person who has held the role of President, or acted equally President, for more than two years of a term to which another person was elected President shall be elected to the office of the President more than in one case. But this Article shall not apply to whatever person holding the office of President when this Article was proposed by the Congress, and shall not forbid any person who may be property the office of President, or interim every bit President, during the term inside which this Article becomes operative from holding the office of President or acting equally President during the residual of such term.

Section 2. This Commodity shall be inoperative unless information technology shall have been ratified as an amendment to the Constitution by the legislatures of 3-fourths of the several states within vii years from the date of its submission to usa by the Congress.[iii]

Background [edit]

The Twenty-2nd 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 issue extensively (alongside broader questions, such as who would elect the president, and the president's function). Many, including Alexander Hamilton and James Madison, supported lifetime tenure for presidents, while others favored fixed terms. Virginia's George Stonemason denounced the life-tenure proposal as tantamount to elective monarchy.[4] An early draft of the U.S. Constitution provided that the president was restricted to one vii-yr term.[v] Ultimately, the Framers approved iv-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. As his second term entered its final year in 1796, Washington was exhausted from years of public service, and his wellness had begun to reject. He was besides bothered by 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 third term, a decision he appear to the nation in his September 1796 Farewell Address.[6] Xi years afterward, as Thomas Jefferson neared the halfway point of his second term, he wrote,

If some termination to the services of the chief magistrate be not stock-still past the Constitution, or supplied by practice, his part, nominally for years, will in fact, become for life; and history shows how easily that degenerates into an inheritance.[7]

Since Washington made his historic announcement, numerous academics and public figures have looked at his conclusion to retire subsequently two terms, and have, according to political scientist Bruce Peabody, "argued he had established a two-term tradition that served every bit a vital check against whatever one person, or the presidency as a whole, accumulating likewise much power".[8] Various amendments aimed at changing breezy precedent to constitutional law were proposed in Congress in the early on to mid-19th century, only none passed.[four] [9] Three of the side by side 4 presidents after Jefferson—James Madison, James Monroe, and Andrew Jackson—served ii terms, and each adhered to the two-term principle;[ane] Martin Van Buren was the only president between Jackson and Abraham Lincoln to exist nominated for a 2d term, though he lost the 1840 election and so served only i term.[9] 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 U.s. Constitution, merely limited the president to a single vi-twelvemonth 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 third term. Following Ulysses South. Grant'southward reelection in 1872, there were serious discussions within Republican political circles about the possibility of his running again in 1876. But involvement in a tertiary term for Grant evaporated in the light of negative public stance and opposition from members of Congress, and Grant left the presidency in 1877 after two terms. Fifty-fifty and then, as 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 ballot.[9]

Theodore Roosevelt succeeded to the presidency on September xiv, 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 tertiary (2nd total) term in 1908, but did run again in the election of 1912, losing to Woodrow Wilson. Wilson himself, despite his sick health post-obit a serious stroke, aspired to a tertiary term. Many of his directorate tried to convince him that his health precluded another campaign, but Wilson nonetheless 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 support Wilson, and the nomination went to James M. Cox, who lost to Warren Grand. Harding. Wilson once again contemplated running for a (nonconsecutive) third term in 1924, devising a strategy for his improvement, simply over again lacked whatsoever support; he died in Feb of that year.[11]

Franklin Roosevelt spent the months leading upward to the 1940 Democratic National Convention refusing to say whether he would seek a tertiary term. His Vice President, John Nance Garner, along with Postmaster General James Farley, announced their candidacies for the Autonomous nomination. When the convention came, Roosevelt sent a message to the convention saying he would run merely if drafted, maxim delegates were gratuitous 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.[9] [12] Roosevelt won a decisive victory over Republican Wendell Willkie, condign the first (and to date only) president to exceed eight years in office. His decision to seek a third term dominated the ballot campaign.[13] Willkie ran confronting the open up-ended presidential tenure, while Democrats cited the state of war in Europe as a reason for breaking with precedent.[9]

Iv years after, Roosevelt faced Republican Thomas Due east. Dewey in the 1944 election. Nigh the end of the entrada, Dewey announced his support of a ramble amendment to limit presidents to 2 terms. According to Dewey, "four terms, or xvi years (a direct reference to the president's tenure in office 4 years hence), is the most dangerous threat to our freedom ever proposed."[xiv] He also discreetly raised the effect of the president's age. Roosevelt exuded enough energy and charisma to retain voters' confidence and was elected to a fourth term.[fifteen]

While he quelled rumors of poor health during the campaign, Roosevelt's health was deteriorating. On April 12, 1945, only 82 days afterwards his fourth inauguration, he suffered a cerebral hemorrhage and died, to be succeeded past Vice President Harry Truman.[16] In the midterm elections 18 months after, Republicans took control of the Firm and the Senate. As many of them had campaigned on the upshot 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 information technology convened in January 1947.[8]

Proposal and ratification [edit]

Proposal in Congress [edit]

The House of Representatives took quick action, approving a proposed constitutional amendment (Firm Joint Resolution 27) setting a limit of two four-year terms for future presidents. Introduced by Earl C. Michener, the mensurate 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 House proposal by requiring that the subpoena be submitted to state ratifying conventions for ratification, rather than to the state legislatures, and past prohibiting any person who had served more than 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, however, added. Put forward by Robert A. Taft, it clarified 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.[1] [18]

On March 21, the House agreed to the Senate'due south revisions and canonical the resolution to amend the Constitution. Afterward, the amendment imposing term limitations on future presidents was submitted to the states for ratification. The ratification process was completed on February 27, 1951, 3 years, 343 days subsequently it was sent to the states.[xix] [20]

Ratification by united states of america [edit]

A map of how the states voted on the Twenty-second Subpoena

One time submitted to u.s.a., the 22nd Amendment was ratified by:[3]

  1. Maine: March 31, 1947
  2. Michigan: March 31, 1947
  3. Iowa: April 1, 1947
  4. Kansas: Apr one, 1947
  5. New Hampshire: April i, 1947
  6. Delaware: April 2, 1947
  7. Illinois: April iii, 1947
  8. Oregon: Apr 3, 1947
  9. Colorado: April 12, 1947
  10. California: April 15, 1947
  11. New Jersey: Apr 15, 1947
  12. Vermont: April 15, 1947
  13. Ohio: April 16, 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: January 29, 1951
  27. Idaho: January thirty, 1951
  28. New Mexico: Feb 12, 1951
  29. Wyoming: February 12, 1951
  30. Arkansas: Feb 15, 1951
  31. Georgia: Feb 17, 1951
  32. Tennessee: Feb 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 ane, 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. Due south Carolina: March 13, 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 Westward Virginia) took no action.[eighteen]

Upshot [edit]

Because of the grandfather clause in Department 1, the subpoena did not apply to Harry S. Truman, every bit he was the incumbent president at the time information technology came into force. Truman, who had served well-nigh all of Franklin Roosevelt'due south unexpired quaternary term and who was elected to a full term in 1948, was thus eligible for reelection in 1952.[13] Simply with his job approving rating at around 27%,[21] [22] and after a poor functioning in the 1952 New Hampshire primary, Truman chose non to seek his political party'south nomination. Since becoming operative in 1951, the amendment has been applicable to half dozen presidents who have been elected twice: Dwight D. Eisenhower, Richard Nixon, Ronald Reagan, Bill Clinton, George Westward. Bush, and Barack Obama.

Interaction with the Twelfth Subpoena [edit]

As worded, the focus of the 22nd Amendment is on limiting individuals from being elected to the presidency more than than twice. Questions have been raised near the subpoena'south significant and application, specially in relation to the 12th Subpoena, ratified in 1804, which states, "no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the Us."[23] While the 12th Amendment stipulates that the constitutional qualifications of age, citizenship, and residency apply to the president and vice president, it is unclear whether someone who is ineligible to exist elected president due to term limits could exist elected vice president. Because of the ambiguity, a two-term former president could perchance be elected vice president and then succeed to the presidency as a consequence 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.[ix] [24]

Some contend that the 22nd Subpoena and 12th Subpoena bar whatsoever two-term president from afterwards serving as vice president as well as from succeeding to the presidency from any indicate in the presidential line of succession.[25] Others fence 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 sometime two-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 then succeed to the presidency to serve out the balance of the term, although the person could be prohibited from running for ballot to an additional term.[26] [27]

The applied applicability of this stardom has non been tested, every bit no twice-elected president has e'er 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.[one]

Attempts at repeal [edit]

Over the years, several presidents have voiced their contempt toward the amendment. After leaving office, Harry Truman described the amendment as stupid and one 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 for a repeal of the 22nd Amendment considering he thought it infringed on people'southward democratic rights.[30] In a Nov 2000 interview with Rolling Stone, President Bill Clinton suggested that the 22nd Amendment should be altered to limit presidents to two sequent terms but and so allow non-sequent terms, because of longer life expectancies.[31] Donald Trump questioned presidential term limits on multiple occasions while in role, and in public remarks talked nigh serving beyond the limits of the 22nd Amendment. During an April 2019 White Firm result for the Wounded Warrior Project, he suggested he would remain president for 10 to 14 years.[32] [33]

The offset efforts in Congress to repeal the 22nd Amendment were undertaken in 1956, 5 years later the amendment's ratification. Over the side by side 50 years, 54 joint resolutions seeking to repeal the two-term presidential election limit were introduced.[1] Between 1997 and 2013, José East. Serrano, Democratic representative for New York, introduced nine resolutions (one per Congress, all unsuccessful) to repeal the amendment.[34] Repeal has as well been supported past Representatives Barney Frank and David Dreier and Senators Mitch McConnell[35] and Harry Reid.[36]

See also [edit]

  • Term limits in the Us
  • 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 Modify" (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 third-term election and the 22nd amendment". Philadelphia, Pennsylvania: National Constitution Center. Nov 5, 2020. Retrieved April 29, 2022.
  3. ^ a b c "Constitution of the U.s.: Analysis and Interpretation" (PDF). Washington, D.C.: Library of Congress. August 26, 2017. pp. 39–40. Retrieved March 22, 2018.
  4. ^ a b Buckley, F. H.; Metzger, Gillian. "Twenty-2nd Subpoena". The Interactive Constitution. Philadelphia, Pennsylvania: The National Constitution Middle. Archived from the original on Jan xiv, 2021. Retrieved March nineteen, 2018.
  5. ^ Kickoff draft The statesCONST., art. X, section i.
  6. ^ Ferling, John (2009). The Rise 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 (December 10, 1807). "Alphabetic character to the Legislature of Vermont". Ashland, Ohio: TeachingAmericanHistory.org. Archived from the original on January 14, 2021. Retrieved March nineteen, 2018.
  8. ^ a b Peabody, Bruce. "Presidential Term Limit". The Heritage Foundation. Archived from the original on July 24, 2017. Retrieved January x, 2017.
  9. ^ a b c d eastward f Peabody, Bruce Grand.; Gant, Scott E. (Feb 1999). "The Twice and Hereafter President: Constitutional Interstices and the Twenty-Second Amendment". Minnesota Police Review. Minneapolis: Academy of Minnesota Constabulary 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 Vi 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 Behavior. Westport, Connecticut: Greenwood Press. 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: University of Missouri Press. pp. 52–53. ISBN0-8262-1133-10 . Retrieved March xx, 2018.
  13. ^ a b "FDR'due south third-term determination and the 22nd subpoena". Constitution Daily. Philadelphia, Pennsylvania: The National Constitution Center. Archived from the original on January fourteen, 2021. Retrieved June 29, 2014.
  14. ^ Jordan, David Yard. (2011). FDR, Dewey, and the Election of 1944. Bloomington, Indiana: Indiana University Printing. p. 290. ISBN978-0-253-35683-3.
  15. ^ Leuchtenburg, William E. "Franklin D. Roosevelt: Campaigns and Elections". Charlottesville, Virginia: Miller Center of Public Diplomacy, University of Virginia. Archived from the original on Jan 14, 2021. Retrieved March xx, 2018.
  16. ^ Leuchtenburg, William Due east. "Franklin D. Roosevelt: Death of the President". Charlottesville, Virginia: Miller Center of Public Diplomacy, Academy of Virginia. Archived from the original on Jan 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 limited by 22nd Amendment". Tahlequah Daily Press. Archived from the original on January 14, 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 February 20, 2020. Retrieved June 7, 2020.
  20. ^ Mount, Steve. "Ratification of Constitutional Amendments". usconstitution.cyberspace. Archived from the original on April 23, 2018. Retrieved June nine, 2020.
  21. ^ Weldon, Kathleen (Baronial 11, 2015). "The Public and the 22nd Amendment: Tertiary Terms and Lame Ducks". Huffington Postal service. Archived from the original on January 14, 2021. Retrieved March 27, 2018.
  22. ^ Peters, Gerhard; Woolley, John T. "Presidential Job Approving: F. Roosevelt (1941)—Trump". Information adapted from the Gallup Poll and compiled past Gerhard Peters. Santa Barbara, California: The American Presidency Project. Archived from the original on January 14, 2021. Retrieved March 27, 2018.
  23. ^ "The Constitution: Amendments eleven-27". America'due south Founding Documents. Washington, D.C.: National Archives. Archived from the original on January 14, 2021. Retrieved March 11, 2018.
  24. ^ Fix, Joel A. "The 22nd Subpoena Doesn't Say What You Think Information technology Says". Blandon, Pennsylvania: Cornerstone Police force Firm. Archived from the original on January 14, 2021. Retrieved Nov six, 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. (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 Yard. (June xiii, 2006). "How to bring dorsum Pecker: A Clinton-Clinton 2008 ticket is constitutionally possible". The Christian Science Monitor. Archived from the original on January fourteen, 2021. Retrieved June 12, 2008.
  28. ^ LoBianco, Tom (September 15, 2015). "Hillary Clinton: Neb every bit VP has 'crossed her mind'". CNN. Archived from the original on January xiv, 2021. Retrieved October 29, 2015.
  29. ^ Lemelin, Bernard Lemelin (Wintertime 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 Press on behalf of the Canadian Association for American Studies with the support of Carleton University. 29 (3): 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 xiv, 2015.
  31. ^ "Clinton: I Would've Won Tertiary Term". ABC News. December seven, 2000. Archived from the original on Jan 14, 2021. Retrieved March 26, 2018.
  32. ^ Einbinder, Nicole (June 17, 2019). "Trump suggested his supporters want him to serve more than 2 terms equally president". Concern Insider. Archived from the original on January 14, 2021. Retrieved September 14, 2019.
  33. ^ Croucher, Shane (September eleven, 2019). "Donald Trump Posts Prototype on Twitter, Instagram Joking That He'll Stand in 2024". Newsweek. Archived from the original on January 14, 2021. Retrieved September xiv, 2019.
  34. ^ "H.J.Res. 15 (113th): Proposing an subpoena to the Constitution of the United States to repeal the twenty-second commodity of amendment, thereby removing the limitation on the number of terms an individual may serve as President". Washington, D.C.: GovTrack, a project of Borough Impulse, LLC. 2013. Archived from the original on January 14, 2021. Retrieved March 23, 2018.
  35. ^ "Neb to Repeal the 22nd Amendment". Snopes.com . Retrieved October nineteen, 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 United States Constitution: Twenty-second 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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