Isabella Carter
The topic of term limits has been a subject of debate in the United States for generations, with discussions surrounding both the presidency and members of Congress. While the Constitution of the United States is rarely amended, the 22nd Amendment, ratified in 1951, imposed a two-term limit on the presidency, following Franklin D. Roosevelt's four consecutive terms. This amendment was established to prevent an elective monarchy and to uphold the precedent set by George Washington, who declined to run for a third term in 1796. While legislative term limits have been repealed or overturned in six states, the debate over term limits for members of Congress continues, with legal challenges and proposals for constitutional amendments.
| Characteristics | Values |
|---|---|
| Term limits mentioned in the Constitution | Yes, Amendment XXII ratified on February 27, 1951, limits the number of terms served by the President to two |
| States that have repealed or overturned legislative term limits | Idaho, Utah, Massachusetts, Washington, Wyoming, and Oregon |
| States that have expressed a desire for a federal constitutional amendment to limit terms of Supreme Court justices | Alabama, Tennessee, and Louisiana |
| Number of amendments to the Constitution since 1787 | 27 |
| Date of the most recent amendment | 1992 |
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What You'll Learn
The Twenty-second Amendment
The amendment states that no person shall be elected to the office of President more than twice, and no person who has served as President for more than two years of another person's term shall be elected to the office of President more than once. This means that if a person fills an unexpired presidential term of more than two years, they are prohibited from being elected president for a second term.
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Presidential term limits
The concept of presidential term limits was discussed during the Constitutional Convention of 1787 but was not included in the final document. The first president of the United States, George Washington, set an unofficial precedent by choosing not to seek a third term in 1796. This established a tradition of a two-term limit for presidents that was sustained for 150 years.
However, in the 20th century, Franklin D. Roosevelt was elected president four times, including a fourth term in 1940, which led to a controversy over term limits. Roosevelt's death in 1945 further fuelled the momentum for a presidential term-limits amendment. In 1947, the House of Representatives proposed Joint Resolution 27, calling for a limit of two four-year terms for all future presidents. After revisions by the Senate, the proposed amendment was approved and sent to the states for ratification.
On February 27, 1951, the proposed amendment, known as the Twenty-second Amendment, was ratified as a part of the Constitution. It states that "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 President more than once." Since the ratification of the Twenty-second Amendment, all subsequent presidents have adhered to the two-term limit.
While there have been attempts to modify or repeal the amendment, it remains in place today. The process of amending the Constitution is challenging, and any changes must go through a rigorous process involving Congress and the states. The Twenty-second Amendment is a testament to the adaptability of the Constitution and the efforts to ensure that the country's leadership remains accountable to the people.
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State legislature term limits
The US Constitution does mention term limits for the President, which is a maximum of two terms. This was established by the 22nd Amendment, which was ratified in 1951.
As of 2024, 16 states have legislative term limits: Arizona, Arkansas, California, Colorado, Florida, Louisiana, Maine, Michigan, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, and South Dakota. In six of these states, the limit is a lifetime limit: California, Michigan, Missouri, Nevada, North Dakota, and Oklahoma. In the remaining ten states, the limits are consecutive, meaning legislators can run for office for the state's other legislative chamber once they have served the maximum number of terms in one chamber.
Legislative term limits have been repealed or overturned in six states: Idaho, Utah, Massachusetts, Washington, Oregon, and Wyoming. In some cases, the state legislatures themselves voted to nullify the limits, while in other cases, courts nullified the voter-imposed limits, often for technical reasons. For example, in Oregon, the state's Supreme Court ruled that the term limits law violated single amendment requirements.
Some state lawmakers have expressed a desire for a federal constitutional amendment to limit the terms of Supreme Court justices and judges of federal courts below the Supreme Court level. However, currently, Supreme Court justices are appointed for life, and there are no term limits for members of Congress.
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Supreme Court term limits
The US Constitution does mention term limits for the President, as outlined in Amendment XXII, which was ratified in 1951. This amendment limits those elected President to two terms and outlines a series of stipulations regarding the eligibility of succession for unfinished presidential terms.
However, the Constitution does not currently impose term limits on Supreme Court justices. Instead, Article III of the Constitution provides for judicial tenure during "good behaviour", which has traditionally been understood to mean life tenure. This means that Supreme Court justices are appointed for life.
The absence of term limits for Supreme Court justices has been a source of controversy in recent years, with critics pointing to the need to balance accountability with judicial independence and the potential impact of age-related disabilities. Some scholars have argued that the lack of term limits may impact the Court's accountability and that life tenure has taken on a new meaning in a modern context, with increased life expectancy allowing justices to serve for much longer than in the past.
Proposals for term limits on the Supreme Court include staggered 18-year terms, with justices taking “senior status" after this period. This proposal would see justices assume new duties, such as deciding original jurisdiction cases, hearing cases on circuit courts, or filling in for recused justices. This system is already in effect for lower federal courts and has been deemed constitutional by the Supreme Court.
While some analysts argue that term limits on the Supreme Court could reduce politicization, others predict that it may simply shift partisan rhetoric and acrimony to another arena. Additionally, there is a concern that a constantly changing court might lead to sudden and radical changes in doctrine.
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Congressional term limits
The concept of term limits in the United States has been a topic of discussion and debate since the country's early years. While the Constitution does not specifically mention congressional term limits, it does address term limits for the presidency, as outlined in the 22nd Amendment. This amendment, ratified in 1951, limits presidents to two terms and sets additional eligibility conditions for succession.
The idea of congressional term limits has been proposed and supported by individuals such as Larry J. Sabato, who suggested a national constitutional convention to achieve this amendment. Some state legislators have also expressed their support for congressional term limits, with lawmakers in states like South Dakota and Florida approving resolutions calling for Congress to propose a federal constitutional amendment.
The absence of legal limits on tenure in the Constitution has been viewed critically by some, including Richard Henry Lee, who considered it "highly and dangerously oligarchic." Jefferson and George Mason shared similar concerns, advocating for limits on re-election to the Senate and the Presidency to preserve a "Republican government." Mercy Otis Warren, a historian, warned about the lack of provisions for rotation, allowing for the potential perpetuity of office.
The debate around congressional term limits is ongoing, and it remains a complex issue in American politics. While some argue for the benefits of term limits, such as promoting fresh ideas and preventing entrenched power, others may express concerns about the potential disadvantages, including the loss of experienced legislators and the increased influence of lobbyists or special interest groups.
It is worth noting that, historically, the two-term tradition for presidents was established by early presidents like George Washington and Thomas Jefferson, who chose not to seek a third term. This precedent was later formalized into constitutional law with the 22nd Amendment, primarily in response to Franklin D. Roosevelt's unprecedented four terms as president.
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Frequently asked questions
Yes, the 22nd Amendment to the Constitution, ratified in 1951, limits the number of terms served by the President to two.
Yes, there have been several attempts by presidents and Congress members to modify or repeal the Amendment. However, none have been successful.
The Constitution does not include term limits for members of Congress. While some states have passed laws to impose term limits on their members of Congress, the US Supreme Court ruled that only the Constitution can limit the terms of Congress members.
