Malcolm Rivera
The Twenty-second Amendment to the United States Constitution, ratified in 1951, limits the number of times a person can be elected President to twice. This amendment was a reaction to Franklin D. Roosevelt's election to an unprecedented four terms as president, but the question of term limits on elected officials dates back to the first debates surrounding the Constitution's ratification. Since its creation, there have been several attempts to modify or repeal the Twenty-second Amendment. While it is possible to overturn an amendment to the Constitution, it is a challenging process. The Supreme Court could theoretically nullify one amendment using another, or the Constitution could be amended again to address any technicalities identified by the Supreme Court.
| Characteristics | Values |
|---|---|
| Amendment number | Twenty-second Amendment (Amendment XXII) |
| Date of submission to states by Congress | 21 March 1947 |
| Date of ratification | 27 February 1951 |
| Number of states that ratified the amendment | 36 of 48 |
| Number of terms allowed | Two |
| Attempts to modify or repeal | Several, by presidents and Congress members of various political affiliations |
| Process to overturn | Amend the Constitution again |
| Difficulty of overturning | Tougher than overturning a statute or executive order |
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What You'll Learn
The Supreme Court could nullify the amendment
In the United States, no amendment to the Constitution has ever been ruled unconstitutional by a court. However, the idea of an "unconstitutional constitutional amendment" is not new, with some legal scholars and former members of state Supreme Courts supporting its possibility. For instance, former Michigan Supreme Court Chief Justice Thomas M. Cooley argued that amendments "must be harmonious with the body of the instrument" and that an amendment converting a democratic government into an aristocracy would be "a revolution".
In other countries, there have been instances of courts nullifying constitutional amendments. For example, in 2015, the Supreme Court of Honduras nullified a part of its constitution that imposed a one-term limit on the president. Similarly, the Indian Supreme Court articulated the Basic Structure Doctrine, which states that any constitutional amendment violating the basic structure of the Indian Constitution should be declared unconstitutional.
The Supreme Court's ability to nullify amendments is not limited to just constitutional amendments. In Israel, the Supreme Court ruled in 2024 that it could reject amendments to Basic Laws in "extreme" circumstances, demonstrating an expansion of the court's powers beyond just constitutional matters.
Therefore, while it has never been done in the United States, the Supreme Court could theoretically nullify an amendment to the Constitution if it were deemed to conflict with the country's core constitutional principles and norms. This would be a significant and unprecedented move, and it is unclear how the American legal system would respond to such an action.
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Amend the constitution to address technicalities
The Twenty-second Amendment to the United States Constitution limits the number of times a person can be elected to the office of President to twice. It also sets additional eligibility conditions for presidents who succeed their predecessors before the end of their terms. This amendment was ratified in 1951 after almost four years of deliberation.
Since the Twenty-second Amendment's ratification, several attempts have been made by presidents and Congress members to modify or repeal it. While it is a challenging process, one way to address technicalities in the amendment is to amend the constitution. This can be done by following the procedures set forth in Article V of the Constitution, which allows for changes to be made when 34 state legislatures demand it. This process does not require the permission of Congress.
Another approach is to argue for the interpretation of the amendment. For example, convincing the Supreme Court that the amendment refers to consecutive terms could limit its impact without creating an argument about amendment priority.
It is worth noting that the Twenty-second Amendment came about as a reaction to Franklin D. Roosevelt's election to an unprecedented four terms as president. The issue of presidential term limits has been a topic of debate in American politics for a long time, with the Framers differing in their opinions on how long a president should serve.
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Ratification by three-fourths of state legislatures
To overturn an amendment like the Twenty-second Amendment, which limits the president of the United States to two terms, a similar ratification process would be required. This process would involve proposing and submitting an amendment to overturn the term limits to the state legislatures for their consideration and ratification.
The specific steps to achieve this include:
- Proposing an amendment: The process begins with the proposal of an amendment to overturn the term limits. This proposal can originate from two sources. Firstly, Congress can initiate the process when two-thirds of both houses deem it necessary. Alternatively, it can arise from the application of the legislatures of two-thirds of the states, leading to a convention for proposing amendments.
- Submission to state legislatures: Once the amendment is proposed, it is submitted to the state legislatures for their consideration.
- Ratification by three-fourths of state legislatures: For the amendment to succeed in overturning the term limits, it must be ratified by the legislatures of at least three-fourths of the states. This requirement ensures broad support and consensus across the country.
- Timeframe: The ratification process is typically subject to a timeframe, often seven years from the date of submission to the states by Congress. If the required number of state legislatures does not ratify the amendment within this period, the amendment would not come into effect.
It is important to note that amending the Constitution is a complex and challenging process. It requires significant support and consensus across the country, as demonstrated by the need for ratification by three-fourths of the state legislatures. Additionally, amendments are considered tougher to overturn than statutes or executive orders, reinforcing the stability and longevity of constitutional provisions.
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Congress proposes amendments, ratified by states
The process of amending the US Constitution is outlined in Article Five, which provides that an amendment may be proposed either by Congress or by a national convention called for by two-thirds of the State legislatures. Congress proposes amendments in the form of a joint resolution, which requires a two-thirds majority vote in both the House of Representatives and the Senate.
Once an amendment is proposed by Congress, it is submitted to the states for ratification. The Archivist submits the proposed amendment to the states by sending a letter of notification to each governor, along with informational material. The governors then formally submit the amendment to their state legislatures.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states). When a state ratifies an amendment, it sends an original or certified copy of the state action to the Archivist, who maintains custody of the documents.
The process of amending the Constitution, including term limits for the presidency, follows these steps. The Twenty-second Amendment, which limits the president to two terms, was proposed by Congress and ratified by the states. This amendment was a response to Franklin D. Roosevelt's unprecedented four terms as president and the long-standing debate over presidential term limits.
While there have been attempts to modify or repeal the Twenty-second Amendment, it remains in place today, shaping the nature of the presidency and the length of time an individual can hold the office.
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A convention for proposing amendments
The process of amending the US Constitution is outlined in Article Five of the Constitution. One of the two methods authorized by Article Five for proposing amendments is a convention for proposing amendments, also referred to as an Article V Convention, state convention, or amendatory convention.
This method has never been used, but it allows for amendments to be proposed by state legislatures. Two-thirds of the state legislatures (34 out of 50) can apply for Congress to call a convention for proposing amendments. This process bypasses the need for a two-thirds majority vote in both the House of Representatives and the Senate, which is the other method of proposing amendments.
The convention method was designed to address the issue of unanimous consent being required from all 13 states for the national government to take action under the Articles of Confederation. This proved unworkable, and so the newly written Constitution included a convention method that allowed states to apply to Congress for a convention to propose amendments.
There are several debates surrounding the convention method. One debate concerns whether Congress must call a convention upon the request of two-thirds of the states, and whether states can determine the scope of the convention by applying for a convention on a specific subject or group of subjects. Another debate centres around Congress's control over other aspects of a convention, such as how delegates are chosen, and whether Congress, state legislatures, or the delegates themselves should set the rules of procedure.
Once an amendment has been proposed by a convention, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many duties associated with this function to the Director of the Federal Register, who examines ratification documents for legal sufficiency and an authenticating signature. Once the required number of authenticated ratification documents has been received, the OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
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Frequently asked questions
The Twenty-second Amendment (Amendment XXII) 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 twice and sets additional eligibility conditions for presidents who succeed to the unexpired terms of their predecessors.
To overturn the Twenty-second Amendment, one would have to amend the constitution again. The Congress, whenever two-thirds of both houses deem it necessary, shall propose amendments to the Constitution. The state legislatures must also demand a convention of states to finalize the language in preparation for the next steps.
Some arguments in favor of repealing the amendment include having consistent leadership in response to a crisis and allowing non-consecutive terms.
