Omar Bennett
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 passed in response to Franklin D. Roosevelt's unprecedented four terms in office, which raised concerns about the potential for a president to serve unlimited terms and accumulate too much power. While the amendment explicitly prohibits a president from being elected more than twice, there is ambiguity regarding other paths to the presidency, such as succession from the vice presidency. The amendment's applicability to these scenarios has not been definitively established, and some have argued that it does not fully address the issue of term limits.
| Characteristics | Values |
|---|---|
| Amendment number | XXII (22nd Amendment) |
| Date of ratification | 27 February 1951 |
| Number of terms allowed | Two |
| Number of years served | No more than two years of a term to which some other person was elected President |
| Exceptions | Does not apply to any person holding the office of President when the Amendment was proposed by Congress |
| Ratification requirements | Ratification by legislatures of three-fourths of the states within seven years |
| Number of states that ratified | 36 out of 48 states |
| Previous presidents | George Washington and Thomas Jefferson declined to run for a third term |
| First president to serve four terms | Franklin D. Roosevelt |
| Criticism | Harry S. Truman described it as one of the worst amendments |
| Loopholes | A two-term president can still become vice president and potentially rise to the presidency |
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What You'll Learn
The Twenty-second Amendment
The Amendment was passed in an era when Americans were concerned about the rising power of dictators overseas, such as Adolf Hitler and Mussolini, and the possibility of something similar happening in the United States. This concern was exacerbated by Franklin D. Roosevelt, who was elected to an unprecedented four terms in a row from 1932 to 1944. Roosevelt's lengthy presidency and use of executive powers during the Great Depression and World War II led to concerns about executive overreach and the potential for a president to serve unlimited terms.
The Amendment's text specifies that no person shall be elected to the office of the President more than twice, and no one who has served as President for more than two years of another President's term shall be elected more than once. However, there is ambiguity in the Amendment's language, which some argue does not explicitly prohibit a two-term president from becoming vice president and then potentially succeeding to the presidency again.
Despite the Twenty-second Amendment, some individuals, such as former President Trump, have mused about the possibility of a third term, sparking discussions about the continued relevance and effectiveness of the Amendment in modern times.
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Presidential term limits
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 to two terms. It also sets additional eligibility conditions for presidents who succeed to the unexpired terms of their predecessors. The Amendment was ratified on February 27, 1951, and prohibits anyone who has been elected president twice from being elected again.
The question of presidential term limits goes back to the first debates surrounding the Constitution's ratification. When the concept of the office of the president was created, there were differing views on how long they should serve. Alexander Hamilton and James Madison envisioned a president who would be nominated by Congress and serve for life. However, concerns were raised that this would turn the United States into an "elective monarchy".
For about 150 years, an unofficial two-term tradition was sustained, starting with George Washington, the first president of the United States, who voluntarily stepped down after two terms. This tradition was broken by Franklin D. Roosevelt, who was elected president four times from 1932 to 1944. Roosevelt's unprecedented four terms, coupled with his use of executive powers during the Great Depression and World War II, raised concerns about the potential for executive overreach and the risk of a dictator taking over the country.
The Twenty-second Amendment was passed to address these concerns and prevent future presidents from serving unlimited terms. However, there is still ambiguity surrounding the Amendment's interpretation. Some argue that a former two-term president is still eligible to serve as vice president and potentially become president again if the president is unable to serve. This interpretation has not been tested in practice, as no person has served as both president and vice president in that order.
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Roosevelt's four terms
The concept of a presidential third term is a fascinating aspect of American political history and is closely associated with the presidency of Franklin D. Roosevelt, who remains the only US president to have served four terms in office. While the US Constitution does not explicitly prohibit a president from serving a third term, the precedent for a two-term limit was set by George Washington, and the 22nd Amendment, ratified in 1951, formally established this limit.
Franklin Delano Roosevelt, or FDR, was elected to an unprecedented four terms as president, serving from 1933 until his death in 1945. Roosevelt's first two terms were dominated by the Great Depression and the New Deal, his ambitious plan to rescue the US economy through a series of domestic programmes. FDR's initial time in office was marked by a sense of urgency and experimentation as his administration sought to provide relief to the millions of Americans suffering from unemployment and poverty. The New Deal transformed the role of the federal government in the economy and society, with the establishment of numerous agencies and programmes that continue to shape US policy to this day.
Roosevelt's first two terms also saw significant foreign policy challenges, including the rise of fascism in Europe and Japan's militarism in Asia. FDR pursued a policy of providing aid to countries resisting aggression, known as the "Good Neighbor Policy," while also seeking to keep the US out of direct military conflict. However, the attack on Pearl Harbor in December 1941 brought the US into World War II, and Roosevelt's leadership during this global conflict became a defining aspect of his presidency.
FDR's third and fourth terms were dominated by World War II and its aftermath. He played a central role in shaping the grand strategy of the Allies, working closely with Winston Churchill and Joseph Stalin to coordinate military operations and plan for the post-war world. Roosevelt's health declined during his fourth term, and he passed away in April 1945, just before the end of the war in Europe. His death marked a significant transition, and his vice president, Harry S. Truman, took over the presidency, leading the country through the final stages of the war and the early years of the Cold War.
The unprecedented length of Roosevelt's presidency and the unique circumstances of World War II led to a reaction, with a growing sentiment that no individual should hold the office for so long. This sentiment ultimately resulted in the passage of the 22nd Amendment, which not only limited presidents to two terms but also clarified the process of presidential succession in the event of a vacancy. While Roosevelt's four terms remain a unique chapter in American history, the two-term limit has since become a firmly established norm, shaping the strategies and legacies of subsequent presidents.
The story of Roosevelt's four terms highlights the complex interplay between constitutional norms, historical circumstances, and the evolution of American democracy. While extraordinary events like a global war can shape the interpretation of constitutional principles, the ultimate response was a reinforcement of the two-term limit, reflecting a commitment to democratic principles and a desire to prevent the concentration of power in any one individual.
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The 12th Amendment
At the inception of the Constitution in 1789, the Electoral College was established as the means for electing presidents. Electors were to select two candidates for office, with no differentiation between who would become President and Vice President. The candidate with the majority of votes would become President, and the runner-up would become Vice President.
While the 12th Amendment outlines the procedure for electing the President and Vice President, it does not address term limits for the President. The 22nd Amendment, ratified in 1951, establishes that no person shall be elected to the office of the President more than twice. This amendment was inspired by Franklin D. Roosevelt's extended time in office, serving as president for almost 13 years, from 1932 to 1945. Roosevelt's use of executive power during this time, particularly in response to the Great Depression and World War II, raised concerns in Congress about the potential for executive overreach.
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Supreme Court interpretation
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 two terms. It also sets additional eligibility conditions for presidents who succeed to the unexpired terms of their predecessors. The Amendment was approved by Congress on March 21, 1947, and ratified on February 27, 1951, by the requisite 36 of the 48 states.
The Amendment was inspired by Franklin D. Roosevelt's unprecedented four terms as President, which caused concern in Congress about the risk of executive overreach. Roosevelt had used his executive power to produce several federal work programs in response to the Great Depression and had served as Commander-in-Chief of a massive American military force during World War II.
The Twenty-Second Amendment has been interpreted by some to mean that a former two-term President is still eligible to serve as Vice President and potentially rise to the Presidency again. This interpretation is based on the fact that the Amendment only prohibits someone from being "elected to the office of the President more than twice", and does not explicitly bar a former President from serving as Vice President and then succeeding to the Presidency upon the death, resignation, or removal of the President.
However, others argue that the Amendment should be interpreted more broadly to prevent a two-term President from ever serving as President again, regardless of the circumstances. This interpretation is based on the intent of the Amendment, which was to limit the power of the President and prevent executive overreach.
The Supreme Court has not directly addressed the issue of the Twenty-Second Amendment's interpretation, but the language of the Constitution would be the controlling factor in any legal interpretation. The broader applicability of this distinction has not been tested, as no person has been elected President and Vice President in that order, regardless of terms served.
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Frequently asked questions
Yes, the Twenty-second Amendment (Amendment XXII) to the US Constitution limits the number of times a person can be elected to the office of President of the United States to two terms.
The Twenty-second Amendment was passed in an era when Americans were concerned about the rising power of dictators overseas, such as Adolf Hitler and Mussolini. There were fears that a US President could also become a dictator, with Congress and the Supreme Court being compliant and "sweep [ing] aside and overthrow [ing] the safeguards of the Constitution".
Franklin D. Roosevelt, the 32nd President of the United States, was elected four times from 1932 to 1944. He was the only president to serve a third and fourth term.
The 22nd Amendment only applies to those who can be "elected" to the office of President. There are different ways to become President, and a President can still become a Vice President and then rise to the Presidency. However, this has never been tested in practice.
The 22nd Amendment can be changed or removed, but this would require a constitutional amendment, which would need to be ratified by three-fourths of the state legislatures.
