Omar Bennett
The United States Constitution's 22nd Amendment, ratified in 1951, limits the US president's term to two terms. The amendment was a response to Franklin D. Roosevelt's four terms in office. While the Constitution rarely changes, there have been recent calls for amendments to limit the terms of members of Congress, the Supreme Court, and federal judges.
| Characteristics | Values |
|---|---|
| Date of Amendment | 27 February 1951 |
| Amendment Number | 22nd Amendment |
| Number of terms served by the President | Limited to two terms |
| Eligibility for unfinished presidential terms | Allowed |
| Ratification date | 27 February 1951 |
| Number of states that approved the amendment | 36 |
| Number of years for deliberation | 4 |
| Number of attempts to modify or repeal the amendment | Several |
| Number of states that approved resolutions asking Congress to propose a federal constitutional amendment to limit the number of terms which members of Congress may serve | 5 |
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What You'll Learn
The Twenty-second Amendment
The text of the Twenty-second Amendment states:
> "No person shall be elected to the office of the President more than twice, and 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 amendment ensures that no individual can be elected to the presidency more than twice, and it also addresses situations where an individual assumes the presidency midway through a term. In such cases, if they serve more than two years of that term, they are limited to only one additional term.
Since the ratification of the Twenty-second Amendment, all subsequent presidents have adhered to the two-term limit. However, there have been several attempts by presidents and Congress members to modify or repeal the amendment.
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Presidential term limits
The 22nd Amendment to the United States Constitution, ratified in 1951, limits the number of times a person can be elected to the office of President to two terms. This amendment was a response to Franklin D. Roosevelt's election to an unprecedented four terms as president.
The question of presidential term limits goes back to the first debates surrounding the ratification of the Constitution. Some of the Framers, including 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 "elective monarchy".
The first president, George Washington, decided not to run for a third term, setting an unofficial two-term limit precedent that was maintained for 132 years. However, in the 20th century, several presidents, including Roosevelt, attempted to secure a third term. Roosevelt was the only president to exceed eight years in office, and his four consecutive terms led to the Republican-controlled Congress championing the 22nd Amendment.
Since the ratification of the amendment, all subsequent presidents have served no longer than two elected terms. Several attempts have been made to modify or repeal the amendment, but none have succeeded.
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Congressional term limits
The Constitution of the United States is rarely changed, but that hasn't stopped speculation about the next amendment. One idea that has gained popularity is an amendment to limit how long members of Congress can serve in office. In a September 2023 Pew Research Center survey, 87% of respondents supported term limits for members of Congress. A March 2023 study from the University of Maryland found that 83% of respondents favored a constitutional amendment to establish congressional term limits, with 80% of Democrats, 86% of Republicans, and 84% of Independents in agreement.
The concept of legislative term limits is not new. In a 2009 research paper, political scientist John David Rausch Jr. documented the long debate over legislative term limits, dating back to the time of the Articles of Confederation, which held that "no person shall be capable of being a delegate for more". In 1994, as part of the Republican Party's Contract with America, congressional term limits were a critical set of reforms introduced in Congress. In 1997, the House voted on a congressional term limits amendment, but the proposal fell short of the two-thirds majority needed. The House's proposal limited service to 12 years in the House and 12 years in the Senate, while the Senate proposed six years in the House and 12 years in the Senate.
More recently, Rep. Ralph Norman and Sen. Ted Cruz proposed a congressional term limits amendment in Congress. In September 2023, the House Judiciary Committee voted down the resolution in a 19-17 vote.
While the idea of congressional term limits has gained popularity, converting it into a new constitutional amendment is challenging. The Constitution's Article V provides two paths to amend the Constitution. The conventional path requires two-thirds of the House and Senate to propose language to the states, with three-quarters of the states ratifying the amendment. The unconventional path involves calling a constitutional convention of the states to amend the Constitution, which has never happened before. At least 34 states would need to call the convention, and 38 states would need to ratify any proposed amendment.
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Supreme Court term limits
The Constitution does not expressly grant "life tenure" to Supreme Court justices. The idea of life tenure has been derived from the language that judges and justices "shall hold their offices during good behaviour". However, the Constitution does allow for term-limited Supreme Court justices.
The Supreme Court is the only high court in the universe of constitutional democracies that lacks either term limits or a mandatory retirement age. It is also an outlier in its own country, as 31 states and the District of Columbia have some form of mandatory retirement, and almost all states establish terms for high court justices ranging from 6 to 14 years.
There have been several proposals to implement term limits for the Supreme Court, including the Supreme Court Renewal Act of 2005, which suggests term limits ranging from 10 to 25 years. In 2010, a Fairleigh Dickinson University poll found that 52% of Americans approved of limiting terms to 18 years, while 35% disapproved. In 2024, Senators Whitehouse, Booker, Blumenthal, Padilla, Hirono, Merkley, Welch, and Schatz introduced a Supreme Court term limits bill, which would impose 18-year term limits on Supreme Court justices. Under this bill, a new justice would be appointed every two years, and after their 18-year term, they would be limited to hearing a small number of constitutionally required cases.
The Constitution gives Congress the power to determine the Supreme Court's structure and responsibilities. Congress has previously set different thresholds for the retirement of federal judges. For example, the predecessor to the current law set the retirement age at 70. Congress has the constitutional power to make changes to the retirement age by statute because justices would continue to hold their judicial office during "good behaviour".
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Historical context
The idea of imposing term limits on elected officials has been a topic of discussion and debate since the early days of the United States Constitution. The concept of an individual holding the office of President and the question of how long they should serve were central to the debates surrounding the Constitution's ratification.
During the Constitutional Convention of 1787, delegates considered the issue extensively, with some, including Alexander Hamilton and James Madison, supporting lifetime tenure for presidents, while others favoured fixed terms. The proposal for lifetime tenure was denounced by Virginia's George Mason as tantamount to an "elective monarchy". Thomas Jefferson and George Mason advised limits on re-election to the Presidency, with Mason arguing that "nothing is so essential to the preservation of a Republican government as a periodic rotation".
The first President of the United States, George Washington, established an unofficial tradition of serving no more than two terms when he voluntarily stepped down after two terms. This tradition was largely adhered to by subsequent presidents for the next 150 years, with only a few attempting to secure a third term.
However, the unprecedented election of Franklin D. Roosevelt to four terms as president, particularly his fourth term in 1944 during World War II, sparked renewed debate and concern over term limits. This led to the proposal and eventual ratification of the Twenty-second Amendment in 1951, which officially established a two-term limit for the presidency.
Since then, there have been several proposals and attempts to modify or repeal the Twenty-second Amendment, and discussions have expanded to include term limits for members of Congress and the Supreme Court. While the idea of legislative term limits has gained some popular support, it continues to face challenges and has not yet resulted in a new constitutional amendment.
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Frequently asked questions
The 22nd Amendment to the United States Constitution, ratified in 1951, 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, since 1951, several attempts have been made by presidents and Congress members to modify or repeal the 22nd Amendment.
No, there are currently no term limits for members of Congress. However, in recent years, the idea of legislative term limits has gained popular support, with a 2023 survey reporting that 87% of respondents supported term limits for members of Congress.
