Eleanor Finch
The 22nd Amendment to the US Constitution, ratified in 1951, imposes term limits on the presidency, barring any individual from being elected to the office of the president more than twice. This amendment was proposed in response to Franklin Delano Roosevelt's four terms in office, the last of which ended with his death in April 1945. Since its ratification, several presidents and members of Congress have attempted to modify or repeal the amendment, arguing for consistent leadership or non-consecutive terms. The 22nd Amendment has also raised questions about the eligibility of two-term presidents for the vice presidency and their potential succession to the presidency. Despite these debates, the high bar for constitutional amendments makes significant changes to the 22nd Amendment challenging.
| Characteristics | Values |
|---|---|
| Date of Ratification | February 27, 1951 |
| Purpose | To establish term limits for the President of the United States |
| Content | No person shall be elected to the office of the President more than twice |
| Content | No person who has held the office of President for more than two years of another person's term shall be elected to the office of President more than once |
| Exceptions | Does not apply to any person holding office at the time of the amendment's proposal |
| Exceptions | Does not prevent anyone holding office during the amendment's ratification from serving the remainder of their term |
| Ratification Requirements | Ratification by legislatures of three-fourths of the States within seven years of submission |
| Reception | Split reception, with attempts made to modify or repeal the amendment |
| Applicability | Prevented six twice-elected presidents from seeking a third term: Eisenhower, Nixon, Reagan, Clinton, Bush, and Obama |
| Applicability | Barred incumbent President Donald Trump from seeking a third term |
| Applicability | Raised questions about its meaning and application, especially in relation to the 12th Amendment |
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What You'll Learn
Presidential term limits
The Twenty-second Amendment to the US Constitution, which was ratified on February 27, 1951, establishes term limits for elected presidents. The official text of the 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 President more than once."
The idea of presidential term limits dates back to the earliest debates surrounding the ratification of the Constitution. When the concept of the presidency was created, there were differing opinions on how long an individual should hold the office. Alexander Hamilton and James Madison, for example, envisioned a president who would be nominated by Congress and serve for life. However, this raised concerns about the creation of an "elective monarchy".
The Twenty-second Amendment was proposed in 1947, two years after the death of Franklin Delano Roosevelt, who had served four terms as president. The proposal called for a limit of two terms, each lasting four years, for future presidents. After revisions by the Senate, the proposed amendment was sent to the states for ratification and was officially adopted in 1951 after almost four years of deliberation.
Since its ratification, the Twenty-second Amendment has prevented six twice-elected presidents from seeking a third term: Dwight D. Eisenhower, Richard Nixon, Ronald Reagan, Bill Clinton, George W. Bush, and Barack Obama. The amendment has also sparked debates and attempts to modify or repeal it, with some arguing for non-consecutive terms or exceptions for incumbents during times of crisis.
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Eligibility for unfinished terms
The Twenty-second Amendment to the U.S. Constitution, ratified in 1951, imposes term limits on the President. It states that no person shall be elected to the office of the President more than twice. Additionally, it outlines eligibility criteria for succeeding unfinished presidential terms.
The Amendment specifies that no individual who has previously served as President for more than two years of a term to which another person was elected shall be elected to the presidency more than once. This provision ensures that presidents who ascend to the office mid-term due to the previous president's inability to complete their term are still eligible to serve two full terms.
The Twenty-second Amendment has been the subject of debate and has sparked discussions on the nature of the presidency. Some argue that it prevents individuals from serving as President for an extended period, promoting democratic values and leadership renewal. On the other hand, critics contend that it limits the ability of voters to choose their preferred candidates and restricts flexibility in times of crisis.
Since its ratification, the Twenty-second Amendment has successfully prevented six twice-elected presidents from seeking a third term. These include prominent figures such as Dwight D. Eisenhower, Richard Nixon, Ronald Reagan, Bill Clinton, George W. Bush, and Barack Obama.
The interpretation and interplay of the 22nd Amendment with the 12th Amendment, which addresses qualifications for the presidency and vice-presidency, have also been a subject of discussion. While some argue that a two-term president is barred from later serving as vice president, others contend that the 12th Amendment focuses on qualification for service, leaving room for interpretation regarding eligibility for succession.
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Ambiguity with the 12th Amendment
The Twelfth Amendment (Amendment XII) to the United States Constitution outlines the procedure for electing the president and vice president. It replaced the procedure in Article II, Section 1, Clause 3, under which the Electoral College originally functioned. The Twelfth Amendment was proposed by Congress on December 9, 1803, and ratified by the requisite three-quarters of state legislatures on June 15, 1804. The new rules took effect for the 1804 presidential election and have governed all subsequent presidential elections.
The original system allowed the 1796 and 1800 presidential elections to elect a president and vice president who were political opponents, acting at cross-purposes. This was the case when John Adams (Federalist) had Thomas Jefferson (Anti-Federalist) as his Vice-President. There was also the danger of two or more candidates tying in the electoral college. This was the case in 1800 when Jefferson and Aaron Burr, though both Anti-Federalist, tied in the college. This spurred legislators to amend the presidential election process to require each member of the Electoral College to cast one electoral vote for the president and one for the vice president.
The Twelfth Amendment stipulates that the constitutional qualifications of age, citizenship, and residency apply to the president and vice president. However, it does not explicitly address the eligibility of a two-term president to serve as vice president or succeed to the presidency from any point in the line of succession. This ambiguity has led to differing interpretations of the amendment's scope and intent.
Some argue that the Twelfth Amendment bars any two-term president from later serving as vice president or succeeding to the presidency from any point in the line of succession. They interpret the amendment as imposing qualifications for service, such as term limits, which restrict the eligibility for public office. This interpretation is supported by the Supreme Court's ruling in U.S. Term Limits, Inc. v. Thornton (1995), where the court held that term limits amount to a qualification for holding public office.
Others contend that the Twelfth Amendment's focus is on qualifications for election rather than service. They interpret the amendment as addressing the eligibility requirements for the initial election to office, such as age, residence, and citizenship. Under this interpretation, a former two-term president could still be eligible to serve as vice president or succeed to the presidency through the line of succession. This interpretation highlights the distinction between qualifications for election and qualifications for holding office, allowing for the possibility of a two-term president to re-enter executive office through a different path.
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Attempts to repeal the amendment
The 22nd Amendment, which limits the US presidency to two terms, has seen numerous attempts at repeal since its ratification in 1951. The first efforts in Congress to repeal the amendment were made in 1956, just five years after its ratification. Over the next 50 years, 54 joint resolutions seeking to repeal the two-term presidential election limit were introduced.
In 1986, Rep. Guy Vander Jagt proposed legislation that would have allowed President Ronald Reagan to seek a third term. Reagan, who was near the height of his popularity, voiced his support for a repeal of the amendment, stating that he wanted to "start a movement". Vander Jagt reintroduced legislation to remove term limits in 1987, 1989, and 1991, as did several other Congressmen throughout the 1990s.
In 1993, 1995, and 1997, during Bill Clinton's presidency, Rep. Michael McNulty proposed legislation to remove term limits on the President. Rep. Barney Frank also proposed the removal of term limits in 1995, 1997, and 1999, during Clinton's time in office. Rep. Jose Serrano, who introduced nine unsuccessful resolutions to repeal the amendment between 1997 and 2013, continued this effort under Presidents Bush and Obama.
In January 2025, Representative Andy Ogles introduced a joint resolution proposing a constitutional amendment that would allow a president to serve a third term if their first two terms were non-consecutive. This resolution was intended to allow incumbent President Donald Trump to seek re-election, as he had already served two non-consecutive terms and was barred from running again by the 22nd Amendment.
Any amendment to repeal the 22nd Amendment would face significant obstacles, requiring ratification by three-quarters of the states (38 states) or by conventions held by the states. Despite the numerous attempts over the years, none have been successful.
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Trump's third term
The 22nd Amendment to the US Constitution, ratified in 1951, imposes term limits on the President of the United States. The amendment states that no person can be elected to the office of the President more than twice, and no person who has served as President for more than two years of a term to which another person was elected can be elected more than once.
The 22nd Amendment has been the subject of much debate since its creation, with attempts made by various presidents and Congress members to modify or repeal it. One individual who has expressed interest in seeking a third term as President is Donald Trump, the 45th and 47th President of the United States. Trump has hinted at loopholes and methods to circumvent the Constitution and run for a third term, despite the 22nd Amendment's limitations. He has suggested that he could be the vice-presidential candidate on a Republican ticket, allowing him to become president if the elected president steps aside. Trump's allies, such as Steve Bannon, have supported these ideas and advocated for a Trump third term.
However, Trump has not formally announced a campaign for a third term, and any such attempt would likely face significant backlash and legal challenges. The procedural and political difficulties of amending the Constitution are considerable, and it would require a two-thirds majority in both the House and the Senate, as well as ratification by three-fourths of state legislatures. While some Republicans have sought to introduce a constitutional amendment to enable a Trump third term, it is highly unlikely to succeed.
Trump's talk of a third term may be a strategy to maintain political relevance, wrong-foot opponents, and keep the spotlight on himself. It also deflects attention from controversies and scandals. Despite Trump's assertions, it is important to note that the 22nd Amendment remains in force, and the possibility of a Trump third term in office is currently speculative and faces significant obstacles.
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Frequently asked questions
The Twenty-second Amendment to the Constitution, ratified on February 27, 1951, establishes term limits for the President of the United States.
The 22nd Amendment states that "No person shall be elected to the office of the President more than twice". It also outlines that no person who has served as President for more than two years of a term that another person was elected to shall be elected President more than once.
The 22nd Amendment has barred six twice-elected presidents from a third term: Dwight D. Eisenhower, Richard Nixon, Ronald Reagan, Bill Clinton, George W. Bush, and Barack Obama.
Changing the Constitution requires a two-thirds approval from both the Senate and the House of Representatives, as well as approval from three-quarters of the country's state-level governments. While there have been attempts to repeal or modify the 22nd Amendment, none have been successful.
