Presidential Term Limit: Constitutional Amendment Needed?

is 8 year term for president a constitutional amendment

The Twenty-second 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 twice, effectively restricting them to a maximum of eight years in office. This amendment was a response to Franklin D. Roosevelt's unprecedented election to four terms as president, and the subsequent debate surrounding presidential term limits. The Twenty-second Amendment establishes that no person who has been elected president twice can run for office again, with some additional stipulations regarding eligibility for succession. While there have been attempts to modify or repeal the amendment, it remains a significant aspect of the US Constitution, shaping the country's political landscape by ensuring regular transitions of power and preventing the accumulation of excessive power by any individual president.

Characteristics Values
Amendment number Twenty-second Amendment (Amendment XXII)
Date proposed 21 March 1947
Date ratified 27 February 1951
Number of states that ratified the amendment 36 of 48
Number of terms a person can be elected to the office of President Twice
Maximum number of years a person can be elected to the office of President 8 years
Eligibility for presidents who succeed to the unexpired terms of their predecessors Someone who fills an unexpired presidential term lasting more than two years is prohibited from being elected president more than once
Number of attempts made to modify or repeal the amendment Several

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The Twenty-second Amendment limits presidents to two terms

The Twenty-second Amendment, or Amendment XXII, to the United States Constitution, limits the number of times a person can be elected to the office of President to two terms. The Amendment was passed in response to Franklin D. Roosevelt's election to an unprecedented four terms as president.

The Amendment was ratified on February 27, 1951, after being approved by Congress on March 21, 1947, and sent to the states for ratification. 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 question of term limits for elected officials has been a topic of debate since the early days of the US Constitution. While some, like Alexander Hamilton and James Madison, envisioned a president who would be nominated by Congress and serve for life, others warned that this would create an "elective monarchy".

The Twenty-second Amendment has been the subject of several attempts by presidents and Congress members to modify or repeal it. However, any amendment to repeal it would face significant logistical and practical challenges, requiring ratification by three-fourths of state legislatures, or by conventions held by the states.

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The Amendment was a reaction to Franklin D. Roosevelt's four terms

The Twenty-second Amendment, which limits the US presidency to two four-year terms, was a direct reaction to Franklin D. Roosevelt's unprecedented four terms in office. Roosevelt was first elected in 1932 in response to the Great Depression. After serving two full terms, he ran again in 1940, breaking the two-term precedent set by George Washington 150 years earlier. Roosevelt won a third term, and later a fourth, despite growing opposition to the concept of a long-term president.

Roosevelt's unprecedented third-term bid in 1940 caused some key Democratic supporters to leave his campaign. The Republicans campaigned heavily against a third-term president, and Roosevelt's health was also called into question. However, Roosevelt insisted that he was running to keep America out of the war in Europe, and he defeated Wendell Wilkie with 55% of the popular vote.

In 1944, Republican candidate Thomas Dewey campaigned on the issue of presidential tenure, stating that four terms, or sixteen years, was a "dangerous threat to our freedom". Roosevelt won a fourth term, but he died just 11 weeks into it, on April 12, 1945. In the midterm elections 18 months later, Republicans took control of the House and the Senate, and the issue of presidential term limits was given priority in the 80th Congress.

On March 21, 1947, Congress approved the Twenty-second Amendment, which was then sent out to the states for ratification. The amendment was ratified on February 27, 1951, and it has since been the law that all US presidents can serve no more than two elected terms.

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Presidential term limits were debated since the Constitution's inception

The concept of presidential term limits has been a topic of discussion and debate since the creation of the office of the president. Initially, under the Articles of Confederation, there was no office of the president as the Congress held both legislative and executive authority. However, when the idea of a president was introduced, there were differing opinions on how long they should serve. Alexander Hamilton and James Madison envisioned a president who would be nominated by Congress and serve for life, while others, like Virginia's George Mason, opposed this, believing it would create an "elective monarchy". An early draft of the U.S. Constitution proposed a single seven-year term for the president, but this was ultimately rejected in favour of four-year terms with no limit on the number of terms.

The first president, George Washington, established an unofficial tradition of limiting himself to two terms, which was followed by several subsequent presidents. However, this precedent was broken by Franklin D. Roosevelt, who served an unprecedented four terms from 1932 to 1945. Roosevelt's multiple terms, particularly his fourth term, during which his health was deteriorating, raised concerns about the lack of term limits. In 1947, two years after Roosevelt's death, the House of Representatives proposed Joint Resolution 27, advocating for a limit of two four-year terms for presidents. This proposal was approved and sent to the states for ratification, a process that was completed in 1951, resulting in the Twenty-second Amendment to the Constitution, which officially limited presidents to two terms.

Despite the ratification of the Twenty-second Amendment, there have been several attempts by presidents and Congress members from various political affiliations to modify or repeal it. Some scholars have also debated the applicability of the amendment to specific scenarios, such as the ability of a twice-elected president to serve in a non-elected capacity or as vice president. These discussions highlight the ongoing evolution of interpretations and applications of the Twenty-second Amendment in U.S. politics.

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The Amendment was ratified in 1951

The Twenty-second Amendment, which limits the US president's term to a maximum of eight years, was ratified in 1951. The Amendment was passed in response to Franklin D. Roosevelt's election to an unprecedented four terms as president. Roosevelt was able to justify his additional terms by citing the need for stable leadership during World War II. However, his death just 82 days into his fourth term raised concerns about the president's age and health.

The concept of limiting the number of terms a president can serve has been debated since the Constitutional Convention of 1787. At that time, some delegates, 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 criticised as being too similar to a monarchy. An early draft of the US Constitution provided for a single seven-year term for the president, but the Framers ultimately approved four-year terms with no limit on the number of terms.

The Twenty-second Amendment was first proposed in 1947, two years after Roosevelt's death, when Harry S. Truman ascended to the presidency. The House of Representatives proposed Joint Resolution 27, calling for a limit of two terms for all future presidents. After revisions by the Senate, the proposed amendment was approved and sent to the states for ratification. The Amendment was ratified on February 27, 1951, when 36 out of 48 states had ratified it, and it came into force immediately.

Since the ratification of the Twenty-second Amendment, all subsequent presidents have served no more than two elected terms. However, there have been attempts by presidents and Congress members to modify or repeal the Amendment. Some have argued for allowing non-consecutive terms or for the president to serve in a temporary role beyond their second term. Despite these efforts, the Twenty-second Amendment remains in force, ensuring that no individual can be elected to the presidency more than twice.

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The Amendment has faced attempts at modification and repeal

The Twenty-second Amendment, which limits the US presidency to two four-year terms, has faced several attempts at modification and repeal since its ratification in 1951. The amendment was passed in response to Franklin D. Roosevelt's election to an unprecedented four terms as president. Roosevelt broke the two-term tradition established by George Washington, the first US president, who voluntarily stepped down after two terms.

The question of term limits for elected officials has been a topic of debate since the early days of the US Constitution. While some of the Framers supported lifetime tenure for presidents, others favoured fixed terms. The Twenty-second Amendment was the result of almost four years of deliberation and has been in force since its ratification. However, it has not stopped attempts to modify or repeal it.

Since the amendment's ratification, there have been efforts by presidents and Congress members from various political affiliations to change or repeal it. One argument for repealing the amendment is the desire for consistent leadership in response to a crisis. Another argument is to allow non-consecutive terms for presidents who have previously served two terms. However, repealing the amendment would face practical and logistical obstacles, requiring ratification by three-fourths of the state legislatures, or 38 states, through a proposed amendment by two-thirds of the House and Senate or state conventions.

The Twenty-second Amendment's plain language clearly states that a person elected twice as president cannot run for a third term. This restriction has been a topic of discussion regarding Donald Trump's ability to continue in office beyond his second term. While the amendment limits a president's ability to run for a third term, there are unusual scenarios where a former president could serve in a temporary role.

Frequently asked questions

The Twenty-Second Amendment 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.

The Twenty-Second Amendment was a reaction to Franklin D. Roosevelt's election to an unprecedented four terms as president. Roosevelt cited the need for stable leadership during World War II to justify his additional terms.

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 President more than once."

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