Simone Lawson
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 two terms. This amendment was a reaction to Franklin D. Roosevelt's election to an unprecedented four terms as president. Since then, there have been movements in the 1990s and in 2007 advocating for term limits in Congress. While these movements have resulted in state-level legislation and constitutional amendments, the U.S. Supreme Court has ruled that states cannot impose term limits on their federal representatives or senators. This has led to discussions about whether a constitutional amendment is required to implement term limits at the federal level.
| Characteristics | Values |
|---|---|
| Constitutional amendment required for federal term limits | Yes |
| Number of terms limited | Two |
| Length of each term | Four years |
| Amendment number | Twenty-second Amendment (Amendment XXII) |
| Date of ratification | February 27, 1951 |
| Number of states required for ratification | 36 of 48 |
| Timeframe for ratification | Seven years |
| Support for term limits | Varies, with some states and individuals expressing support while others opposing |
| Process to remove or modify term limits | Requires a constitutional amendment, following the normal amendment process |
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What You'll Learn
The Twenty-Second Amendment
The concept of presidential term limits has been debated since the Constitutional Convention of 1787, with figures like Alexander Hamilton and James Madison supporting lifetime tenure for presidents, while others, such as Virginia's George Mason, opposed it, likening it to an "elective monarchy". The Twenty-Second Amendment was proposed by the House of Representatives as Joint Resolution 27 in 1947, two years after Roosevelt's death, and sent out to the states for ratification. The amendment explicitly excluded incumbent president Harry S. Truman, who chose not to seek re-election in 1952.
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State-level term limits
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 of the United States to twice, and sets additional eligibility conditions for presidents who succeed to the unexpired terms of their predecessors. This amendment was a reaction to Franklin D. Roosevelt's election to an unprecedented four terms as president, and it was prompted by the concern that the United States would effectively become an "elective monarchy".
While the Twenty-second Amendment imposes term limits on the presidency, there are currently no federal-level term limits for members of Congress. However, this does not mean that term limits for Congress are not possible. In fact, there have been multiple attempts to impose term limits on Congress through state legislation or state constitutional amendments. For example, in the 1994 U.S. elections, the "Contract With America" Republican platform included legislation for term limits in Congress. Despite this, the bill fell short of the two-thirds majority needed for constitutional amendments.
In 1995, citizens of 23 states passed laws imposing term limits on their members of Congress. However, these laws were struck down as unconstitutional by the U.S. Supreme Court in U.S. Term Limits, Inc. v. Thornton, which ruled that state governments cannot impose term limits on members of the national government. Despite this setback, some advocates argue that term limits for Congress can still be achieved through an amendment to the U.S. Constitution. This would require a proposal from two-thirds of both houses of Congress or a convention called by two-thirds of the state legislatures, followed by ratification by three-fourths of the state legislatures or conventions.
At the state level, term limits have been more successful. In the early 1990s, a movement in favour of term limits led to the enactment of term limit laws in 17 states, either through state legislation or state constitutional amendments. These laws imposed limits on both the state legislature and the state's delegation to Congress. As of 2002, public support for term limits in these states ranged from 60 to 78 percent. Additionally, in 2007, Larry J. Sabato argued that the success and popularity of term limits at the state level suggest that they should be adopted at the federal level as well.
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Congressional term limits
The concept of imposing term limits on elected officials is not new in American politics. The Framers of the Constitution, for instance, debated whether the president should be nominated by Congress to serve for life or for fixed terms. However, the idea of congressional term limits has gained traction more recently, with several states enacting legislation or constitutional amendments to limit the terms of their legislators and congressional delegations.
In the early 1990s, a movement in favour of term limits gained momentum, and by 1992-1994, seventeen states had enacted term limits through state legislation or constitutional amendments. However, the constitutionality of these laws was challenged, and in 1995, the U.S. Supreme Court ruled in U.S. Term Limits, Inc. v. Thornton that state governments cannot impose term limits on members of the national government, including Congress. The Court's decision effectively halted the movement for federal term limits.
Despite this setback, proponents of congressional term limits have not given up. Some have suggested that a national constitutional convention be convened to propose an amendment, as Congress is unlikely to propose and adopt any amendment that limits its own power. In order for a constitutional amendment to be proposed, two-thirds of both houses of Congress must deem it necessary, or two-thirds of the state legislatures must apply for a convention for proposing amendments. For the amendment to become valid, it must then be ratified by three-fourths of the state legislatures or by conventions in three-fourths of the states.
The idea of congressional term limits has continued to garner support, with state legislators in several states passing resolutions calling on Congress to propose a federal constitutional amendment. Additionally, U.S. Senator Ted Cruz and Representative Ralph Norman have introduced and sponsored a resolution limiting terms in office for members of both the House and the Senate, which must gain the support of three-fourths of both houses by the end of December 2026.
While there is significant support for congressional term limits, it is important to note that any change to the Constitution would require a lengthy and challenging process of proposing and ratifying a constitutional amendment.
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Presidential term limits
The Twenty-second Amendment to the United States Constitution, also known as Amendment XXII, establishes term limits for the President of the United States. The amendment was ratified on February 27, 1951, and outlines that "no person shall be elected to the office of President more than twice". This amendment was a direct response to Franklin D. Roosevelt's unprecedented four terms as president, serving from 1932 to 1945. Roosevelt's decision to seek a third and fourth term sparked concerns about the accumulation of power and the potential for an elective monarchy.
The Twenty-second Amendment sets additional eligibility conditions for presidents who succeed to the unexpired terms of their predecessors. Specifically, it states that anyone who has served as president or acted as president for more than two years of a term to which another person was elected shall be eligible for only one additional term. This amendment ensures that no individual can hold the office of the president for more than 10 years.
The concept of presidential term limits has been debated since the Constitutional Convention of 1787, with figures like Alexander Hamilton and James Madison supporting lifetime tenure, while others favoured fixed terms. The first president, George Washington, voluntarily stepped down after two terms, setting an unofficial two-term tradition that was followed by subsequent presidents. However, it was Roosevelt's four terms that prompted a more formal discussion on term limits.
In 1947, the House of Representatives proposed Joint Resolution 27, calling for a two-term limit for future presidents. After revisions by the Senate, the proposed amendment was approved and sent to the states for ratification. This process culminated in the ratification of the Twenty-second Amendment in 1951. The amendment explicitly did not apply to the incumbent president, Harry S. Truman, but he chose not to seek re-election in 1952.
While the Twenty-second Amendment establishes presidential term limits, there have been discussions and attempts to remove or modify these restrictions. Any changes to the amendment would require a new constitutional amendment, following the standard amendment process. This involves a two-thirds majority vote in both houses of Congress or a convention called by Congress at the request of two-thirds of state legislatures, followed by ratification by three-fourths of state legislatures or conventions.
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Removing term limits
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 of the United States to twice. This amendment was a reaction to Franklin D. Roosevelt's election to an unprecedented four terms as president, and the issue of presidential term limits has been debated in American politics for a long time.
The amendment outlines that no person shall be elected to the office of 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. This amendment does not apply to any person holding the office of President when the amendment was proposed by Congress and does not prevent them from serving during the remainder of their term.
While there have been attempts to impose term limits on Congress through state laws, the U.S. Supreme Court has ruled that states cannot impose term limits on their federal representatives or senators. The Court, however, has indicated that such a change would require a constitutional amendment, which can be achieved through the procedures set forth in Article V of the Constitution. This involves proposing amendments by gaining the support of two-thirds of both houses of Congress or through a convention called by Congress upon application by two-thirds of the state legislatures. The amendments must then be ratified by three-fourths of the state legislatures or conventions.
To remove or modify the presidential term limits imposed by the Twenty-Second Amendment, the only way would be to go through the standard process of creating a constitutional amendment, which involves proposing and ratifying the changes through Congress and state legislatures, as previously described. This process has been attempted multiple times in the past, with various amendments proposed in Congress in the early to mid-19th century, but none have succeeded in removing presidential term limits.
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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 to twice. It was ratified on February 27, 1951.
The Congress, whenever two-thirds of both houses deem it necessary, shall propose amendments to the Constitution. Alternatively, on the application of the legislatures of two-thirds of the several states, Congress shall call a convention for proposing amendments. In either case, the amendment must be ratified by the legislatures of three-fourths of the several states or by conventions in three-fourths of the states.
The U.S. Supreme Court ruled in U.S. Term Limits, Inc. v. Thornton that states cannot impose term limits on their federal representatives or senators through state laws. However, it suggested that this could be achieved through an amendment to the Constitution.
