Jonah Patel
The Twenty-Second Amendment of the U.S. Constitution, ratified in 1951, limits the presidential term to two consecutive four-year terms. The amendment was proposed by Congress and ratified by three-fourths of the states, as stipulated by Article V of the Constitution. The amendment prevents any one person from consolidating executive power and has been a topic of debate, with some arguing for its necessity and others questioning its effectiveness in preventing the consolidation of power by moneyed interests and lobbyists.
| Characteristics | Values |
|---|---|
| Name of Amendment | Twenty-Second Amendment |
| Number of terms allowed | Twice |
| Circumstances under which a person can be elected more than once | If they have held the office of President, or acted as President, for less than two years of a term to which some other person was elected President |
| Exceptions | Does not apply to any person holding office when the Article was proposed by Congress |
| Ratification requirements | Ratification by three-fourths of state legislatures within seven years |
| Date of ratification | 1951 |
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What You'll Learn
The Twenty-Second Amendment
The amendment includes a provision that allows a vice president who becomes president during the last two years of their predecessor's term to be elected to two full terms, potentially serving up to ten years in total. This provision was included in the version of the amendment approved by the Senate in 1947.
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Congressional term limits
The Twenty-Second Amendment of the US Constitution, ratified in 1951, limits the president to two terms in office. However, there are currently no constitutional term limits for members of Congress.
In the US, there is bipartisan support for congressional term limits, with 82% of the population in favour. In 1994, the Republican "Contract With America" platform included proposed legislation for term limits in Congress. A constitutional amendment was brought to the House floor, suggesting that members of the Senate be limited to two six-year terms and members of the House to six two-year terms. However, this proposal did not gain enough support to pass.
In 1995, citizens of 23 states passed laws to impose term limits on their members of Congress, but this was struck down by the Supreme Court. Despite this setback, there have been continued efforts to pursue congressional term limits through a constitutional amendment. U.S. Term Limits (USTL) is working towards achieving this by utilising the procedures set forth in Article V, which can be triggered when 34 state legislatures demand it.
In 2025, H.J.Res.12 was introduced, proposing an amendment to the Constitution to limit the terms of individuals serving in the Senate and House of Representatives. The resolution must gain the support of 3/4 of both houses by the end of December 2026.
The debate surrounding congressional term limits considers the potential benefits of limiting political careerism and consolidating power versus the risk of increasing the influence of lobbyists and unelected bureaucrats.
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Presidential tenure
The Twenty-Second Amendment has been interpreted and debated by scholars, with some arguing that it prohibits only the reelection of a president who has already been elected twice. The amendment has also been discussed in relation to the vice presidency, with arguments made about the possibility of joint senate-presidential office holding. The original meaning of "office" and "officer" in the amendment has been interpreted to bar the joint office holding.
The enactment of the Twenty-Second Amendment has also been a topic of discussion, with some arguing that it was a partisan maneuver and others exploring the political and legal traditions underlying its text and meaning. The amendment was proposed by Congress and ratified by the required number of states, following the process outlined in Article V of the U.S. Constitution.
The idea of term limits for presidents and governors has been supported by some as a way to prevent any one person from consolidating executive power. However, others argue that term limits may pass power to lobbyists and unelected bureaucrats, and that institutional knowledge is important for politicians to stay in touch with local voters. The debate around presidential tenure has evolved since the founding of the nation, with George Washington's retirement setting a precedent that influenced the discussion.
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Federal term limits
The concept of federal term limits in the United States has been a topic of debate for centuries, with the first discussions taking place during the Constitutional Convention of 1787. While the Articles of Confederation (1781-1789) included term limits for delegates, the federal constitution convention in Philadelphia notably omitted mandatory term limits.
The idea of imposing term limits on the presidency gained momentum in the 1940s due to Franklin D. Roosevelt's unprecedented four terms in office. Roosevelt's lengthy tenure and use of executive power during his presidency raised concerns about the potential for executive overreach. In 1947, the House of Representatives proposed Joint Resolution 27, advocating for a limit of two four-year terms for future presidents.
In response to Roosevelt's four terms, the Twenty-second Amendment to the United States Constitution, also known as Amendment XXII, was ratified on February 27, 1951. This amendment established that no person could be elected President of the United States more than twice, setting a firm limit on presidential terms.
While the Twenty-second Amendment addressed presidential term limits, the debate around term limits for Congress has continued. In the 1990s, there was a resurgence of interest in imposing term limits on members of Congress. Several states enacted term limits through state legislation or constitutional amendments, but these laws pertaining to Congress were struck down as unconstitutional by the U.S. Supreme Court in U.S. Term Limits, Inc. v. Thornton (1995). The Court ruled that state governments could not impose term limits on members of the national government.
Despite this setback, support for congressional term limits remains strong. Various organizations, such as U.S. Term Limits, have advocated for amendments to the Constitution to implement term limits for members of Congress. In recent surveys, a significant majority of respondents favored establishing congressional term limits. However, the process of amending the Constitution is challenging, and efforts to pass such amendments have fallen short of the required majority in Congress.
Currently, federal term limits at the national level are restricted to the executive branch and some agencies. While there is ongoing discussion and support for congressional term limits, no successful amendments have been made to impose them.
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Joint office-holding
The Twenty-second Amendment to the United States Constitution, ratified in 1951, limits the number of terms a person can hold the office of President to two four-year terms. This amendment was proposed in response to Franklin D. Roosevelt's election to a fourth term in 1944, which raised concerns about a president serving unlimited terms.
The concept of an individual holding the title of President was not originally part of the Constitution, as the Congress held both legislative and executive authority under the Articles of Confederation. 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 to serve for life, but this idea was rejected due to concerns about creating an "elective monarchy."
The question of term limits for elected officials has been a topic of debate since the Constitution's ratification. The first two presidents, George Washington and Thomas Jefferson, both chose not to run for a third term, setting an unofficial two-term tradition that lasted for 150 years. However, Roosevelt's decision to run for a third term in 1940, during World War II, and his subsequent reelection in 1944, led to the formal establishment of term limits for the presidency.
Since the ratification of the Twenty-second Amendment, several attempts have been made to modify or repeal it. Arguments for change have ranged from allowing non-consecutive terms to having consistent leadership during crises. In 1989, Ronald Reagan stated his desire to repeal the amendment, believing it infringed on democratic rights. Similarly, in 2000, Bill Clinton suggested altering the amendment to allow for non-consecutive terms due to increasing life expectancies. More recently, in 2025, Representative Andy Ogles introduced a joint resolution proposing a constitutional amendment to allow a president to serve a third term if their first two are non-consecutive.
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Frequently asked questions
Yes, the Twenty-Second Amendment of the US Constitution sets term limits for US presidents.
The Twenty-Second Amendment states that "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 the President more than once."
The Twenty-Second Amendment was ratified by three-fourths of the states in 1951.
Yes, according to an amendment approved by the Senate in 1947, a vice president who succeeds to the presidency during the last two years of their predecessor's term can then be elected to two full terms, for a total of 10 years.
No, while most states have term limits for their governors, some states such as California, Idaho, Illinois, Iowa, Texas, Utah, and Wyoming do not have term limits for their governors.
