Term Limits: Constitutional Amendments Required?

did it require constitutional amendments for state term limits

The Twenty-second Amendment to the United States Constitution, which came into force on February 27, 1951, limits the number of times a person can be elected to the office of President to two terms. This amendment was ratified by 36 of the 48 states, and since then, all presidents have served no longer than two elected terms. The question of term limits on elected officials has been a topic of debate since the Constitution's ratification, with Alexander Hamilton and James Madison envisioning a president nominated by Congress to serve for life, while others disagreed. While the Twenty-second Amendment applies term limits to the presidency, there is currently no amendment that imposes term limits on Congress. However, USTL (US Term Limits) is working towards passing a single-subject congressional term limits application in 34 states, as this is the number required to propose a constitutional amendment.

Characteristics Values
Amendment number Twenty-second Amendment (Amendment XXII)
Date of ratification February 27, 1951
Number of terms allowed Two four-year terms
Number of states required for ratification 36 of 48 states
Number of states that have passed congressional term limits 19
Number of states needed to call for a convention to propose amendments 34

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The Twenty-Second Amendment

The debate around presidential term limits has a long history in American politics. As early as 1787, delegates to the Constitutional Convention discussed the idea of term limits, with some, like Alexander Hamilton and James Madison, advocating for lifetime tenure, while others preferred fixed terms. The proposal for lifetime tenure was criticised as a potential path to an "elective monarchy."

Constitutional Amendments: Why Bother?

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Ratification by state legislatures

The Twenty-second Amendment to the United States Constitution, which limits the number of times a person can be elected to the office of President to two terms, was submitted to the state legislatures for ratification on March 21, 1947. The proposed amendment was approved by Congress and sent to the states for ratification after being revised by the Senate.

The ratification process was completed on February 27, 1951, when 36 of the 48 states had ratified the amendment, with Minnesota being the final state to do so. The amendment came into force on the same date. Since the Twenty-second Amendment was ratified, all subsequent presidents have served for no more than two elected terms.

The Twenty-second Amendment is an example of an amendment that was ratified by state legislatures, as required by Article V of the Constitution. This process allows for amendments to be proposed by state legislatures and ratified by state legislatures or state ratifying conventions. In the case of the Twenty-second Amendment, it was ratified by state legislatures, with 36 of the necessary 34 states approving it.

The question of term limits for elected officials has been a topic of debate since the Constitution's ratification. While some of the Framers, such as Alexander Hamilton and James Madison, envisioned a president who would be nominated by Congress and serve for life, others proposed fixed terms. The Twenty-second Amendment was a reaction to Franklin D. Roosevelt's election to an unprecedented four terms as president, with concerns being raised about the potential for a president to become an "elective monarchy."

The U.S. Constitution provides state legislatures with the authority to propose and ratify amendments without congressional approval. To propose a constitutional amendment, 34 state legislatures must pass resolutions calling for a convention. This process is currently being pursued by the U.S. Term Limits (USTL) organization, which seeks to impose term limits on Congress.

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Presidential term limits

The Twenty-second Amendment to the United States Constitution, which was ratified in 1951, limits the number of times a person can be elected to the office of President to two terms. The amendment was a reaction to Franklin D. Roosevelt's election to an unprecedented four terms as president. Roosevelt was elected four times from 1932 to 1944, and his decision to seek a third and fourth term dominated the respective election campaigns.

The question of having term limits on elected officials goes back to the first debates surrounding the Constitution's ratification. When the concept of an individual holding the title of president was created, the Framers differed in their opinions on how long they would be elected for. Alexander Hamilton and James Madison envisioned a president who would be nominated by Congress to serve for life, but this raised concerns that the United States would become an "elective monarchy".

The Twenty-second Amendment prohibits anyone who has been elected president twice from being elected to office 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 amendment has been adhered to by all subsequent presidents, and several attempts have been made to modify or outright repeal it.

The amendment's text includes a stipulation that it:

> "shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress."

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Congressional term limits

The United States Constitution does not currently impose term limits on members of Congress. Federal law does not restrict the number of terms a person may serve as a senator or representative. Senators are elected for a term of six years, while representatives are elected for a term of two years.

However, there have been efforts to establish term limits for Congress through constitutional amendments. In 2025, there were 19 states that had passed congressional term limits as part of a multi-subject application. USTL (US Term Limits) is pushing to pass a single-subject congressional term limits application in 34 states.

Twelve states, including Florida, Alabama, Missouri, and Wisconsin, have approved USTL's single-subject applications for congressional term limits. To propose amendments without congressional approval, 34 state legislatures must pass resolutions to call a convention.

In California, voters adopted Proposition 164 in 1992, which set term limits for the state's senators and representatives in Congress. However, this proposition is unlikely to take effect as the Supreme Court ruled that the qualifications of office for federal elective officials can only be changed through a constitutional amendment.

The Twenty-second Amendment, ratified in 1951, imposes term limits on the President of the United States, restricting them to two terms in office. This amendment was a response to Franklin D. Roosevelt's unprecedented four terms as president and the long-standing debate over presidential term limits.

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State-imposed term limits

The question of term limits for elected officials has been a topic of debate since the first discussions surrounding the ratification of the US Constitution. While the Constitution grants state legislatures the authority to propose amendments without Congressional approval, the US Supreme Court has ruled that state-imposed term limits for Congressional service would constitute "such a fundamental change in the constitutional framework that it must come through a constitutional amendment".

In 1995, citizens in 23 states passed laws imposing term limits on their Congressional representatives, which would have affected nearly half of all Congress members. However, a politician in Arkansas challenged the law in court, and the case eventually made its way to the US Supreme Court, which ruled that state laws could not impose term limits on Congress.

Despite this setback, proponents of term limits have continued to pursue their goal through a different strategy: proposing a constitutional amendment. The US Constitution provides a mechanism for amending the document, known as Article V, which requires the approval of three-fourths of state legislatures (38 states). To date, 19 states have passed congressional term limits as part of a multi-subject application, while 12 states have passed a single-subject application specific to congressional term limits.

The debate around term limits for elected officials, including at the state level, remains ongoing. While some argue that term limits are necessary to prevent the entrenchment of power and promote fresh perspectives, others contend that they deprive voters of the choice to re-elect effective leaders and disrupt institutional knowledge and continuity. Ultimately, the decision to impose term limits at the state level rests with the citizens and legislatures of each state, either through direct ballot initiatives or by proposing and ratifying constitutional amendments.

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 to twice.

The 22nd Amendment was a reaction to Franklin D. Roosevelt's election to an unprecedented four terms as president.

An amendment must be ratified by the legislatures of three-fourths of the states to become part of the Constitution.

The 22nd Amendment was ratified on February 27, 1951, almost four years after it was sent to the states for ratification.

Yes, there have been several attempts by presidents and Congress members of various political affiliations to modify or repeal the 22nd Amendment.

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