Malcolm Rivera
The Twenty-second Amendment to the United States Constitution, also known as Amendment XXII, limits the number of times a person can be elected to the office of President to two terms. This amendment was passed in 1951 as a response to Franklin D. Roosevelt's election to an unprecedented four terms as president. While the amendment limits the number of terms a president can serve, it does not address the vice presidency. The question of term limits for elected officials has been a topic of debate since the first discussions surrounding the ratification of the Constitution, with some arguing for lifetime tenure and others for fixed terms.
| Characteristics | Values |
|---|---|
| Date of Amendment proposal | 24 March 1947 |
| Date Amendment passed | 27 February 1951 |
| Number of terms a person can be elected to the office of President of the United States | Two terms |
| Eligibility for succession | Additional conditions apply for presidents who succeed to the unexpired terms of their predecessors |
| Applicability | Does not apply to anyone holding the office of President when the Amendment was proposed |
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What You'll Learn
The Twenty-Second Amendment
However, the unique circumstances of the 20th century, marked by the Great Depression and World War II, led to Franklin D. Roosevelt's unprecedented third and fourth terms. Roosevelt's extended presidency, particularly his use of executive power during this tumultuous period, sparked concerns about the lack of term limits. In 1947, two years after Roosevelt's death, the House of Representatives proposed Joint Resolution 27, advocating for a two-term restriction.
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Presidential term limits
The question of presidential term limits dates back to the initial debates surrounding the ratification of the Constitution. At the time, the Framers disagreed on how the president would be elected and for how long they would serve. Alexander Hamilton and James Madison supported lifetime tenure for presidents, while others favoured fixed terms. The idea of a president serving for life was denounced as a potential path to an "elective monarchy".
The first US president, George Washington, set an unofficial precedent by choosing to step down after two terms. For 150 years, this tradition was upheld, with the first 31 presidents choosing to leave office after two terms. However, this unofficial tradition was broken by Franklin D. Roosevelt, who was elected to an unprecedented fourth term in 1944, amid the turmoil of World War II.
Following Roosevelt's death in 1945, concerns arose about the potential for executive overreach due to his lengthy tenure and extensive use of executive power. This led to the proposal of Joint Resolution 27 in 1947, which called for a limit of two four-year terms for all future presidents. This proposal eventually culminated in the ratification of the Twenty-second Amendment in 1951, establishing a firm limit of two terms for the presidency.
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Eligibility for unfinished presidential terms
The Twenty-second Amendment (Amendment XXII) to the United States Constitution, ratified on February 27, 1951, limits the number of times a person can be elected to the office of President of the United States to two terms. It also outlines additional eligibility conditions for presidents who succeed to the unexpired terms of their predecessors.
The Amendment establishes that no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President, shall be elected to the office of the President more than once. This means that an individual who fills an unexpired presidential term lasting more than two years is prohibited from being elected president more than once.
The Twenty-second Amendment was a response to Franklin D. Roosevelt's unprecedented four terms as president, which raised concerns about a president serving unlimited terms. Roosevelt was elected four times from 1932 to 1944, and his extensive use of executive power during the Great Depression and the Second World War led to concerns about executive overreach.
Since the ratification of the Twenty-second Amendment, all subsequent presidents have served no longer than two elected terms. The Amendment has barred six twice-elected presidents from seeking a third term: Dwight D. Eisenhower, Richard Nixon, Ronald Reagan, Bill Clinton, George W. Bush, and Barack Obama.
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Presidential tenure
The Twenty-second Amendment to the United States Constitution limits the number of times a person can be elected to the office of President of the United States to two terms. It also sets additional eligibility conditions for presidents who succeed to the unexpired terms of their predecessors. The Amendment was ratified on February 27, 1951, and was a reaction to Franklin D. Roosevelt's election to an unprecedented four terms as president. Roosevelt's lengthy tenure, coupled with his use of executive powers during the Great Depression and World War II, sparked concerns about the potential for executive overreach.
The question of presidential term limits dates back to the earliest debates surrounding the ratification of the Constitution. Initially, the Framers disagreed on the length of presidential terms and whether there should be any restrictions on the number of terms a president could serve. Alexander Hamilton and James Madison supported lifetime tenure for presidents, while others favoured fixed terms. The idea of a president serving for life was criticised as tantamount to an "elective monarchy".
The first President of the United States, George Washington, established an unofficial tradition of serving no more than two terms. This precedent was followed by the next 31 presidents. However, in the midst of the Great Depression and the looming threat of World War II, Franklin D. Roosevelt broke with this tradition and was elected to a third term in 1940 and a fourth term in 1944. Roosevelt's unprecedented fourth term, coupled with concerns about executive overreach, led to the proposal of the Twenty-second Amendment in 1947.
The Amendment prohibits anyone who has been elected president twice from being elected again. It also states that someone who fills an unexpired presidential term lasting more than two years is prohibited from being elected president more than once. The Twenty-second Amendment ensures that no individual can serve as president indefinitely, thereby safeguarding against the potential concentration of power and providing for a regular rotation of leadership.
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Presidential succession
Presidential term limits are set by the Twenty-second Amendment to the US Constitution. The Amendment establishes that no person can be elected to the office of President more than twice.
The presidential line of succession is mentioned in four places in the Constitution. The vice president is first in the line of succession, followed by the president pro tempore of the Senate, and then by the secretary of state. The remaining members of the Cabinet follow in the order of when their departments were created.
The Presidential Succession Act of 1947, as amended, outlines the presidential order of succession. The Act refers to officers beyond the vice president acting as president rather than becoming president when filling a vacancy. The 25th Amendment, adopted in 1967, establishes procedures for filling an intra-term vacancy in the office of the vice president.
The succession of the vice president to the office of president upon the president's death or resignation has been the practice since the Republic's earliest days. In 1841, President William Henry Harrison became the first president to die in office, and his vice president, John Tyler, took office.
Since 1789, the vice president has succeeded to the presidency intra-term nine times: eight times due to the incumbent's death and once due to resignation.
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Frequently asked questions
The 22nd Amendment to the United States Constitution limits the number of times a person can be elected to the office of President of the United States to two terms.
The 22nd Amendment was a reaction to Franklin D. Roosevelt's election to an unprecedented four terms as president.
Yes, the 22nd Amendment does not apply to anyone holding the office of President when the Amendment was proposed by Congress.
No, a "termed-out" President cannot be a Vice President.
In this case, the Vice President-elect will act as President until a President qualifies.
