The Two-Term Limit: A Constitutional Debate

is the two term limit in the constitution

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. The Amendment was ratified in 1951 after almost four years of deliberation. The question of term limits for elected officials was first debated during the Constitution's initial ratification, with Alexander Hamilton and James Madison envisioning a president who would be nominated by Congress and serve for life. Critics argued that this would create an elective monarchy. For over 150 years, presidents voluntarily adhered to a two-term limit, but this changed when Franklin D. Roosevelt was elected for a fourth term in 1944. The Twenty-second Amendment now ensures that no individual can be elected president more than twice, barring them from seeking a third term.

Characteristics Values
Amendment number Twenty-second Amendment (Amendment XXII)
Date proposed 21 March 1947
Date ratified 27 February 1951
Number of terms allowed Two
Length of each term Four years
Number of states that ratified the amendment 36 of 48
States that rejected the amendment Massachusetts and Oklahoma
States that took no action Arizona, Kentucky, Rhode Island, Washington, and West Virginia
Presidents barred from a third term Dwight D. Eisenhower, Richard Nixon, Ronald Reagan, Bill Clinton, George W. Bush, and Barack Obama
Presidents eligible for two terms Lyndon B. Johnson
Presidents eligible for one term Gerald Ford

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The Twenty-second Amendment

The Amendment outlines that no person shall be elected President more than twice, and no person who has held the office of President for more than two years of a term to which another person was elected shall be elected more than once. However, this does not apply to any person holding the office of President when the Amendment was proposed or ratified.

Since the Twenty-second Amendment came into force, six twice-elected presidents have been barred from a third term: Dwight D. Eisenhower, Richard Nixon, Ronald Reagan, Bill Clinton, George W. Bush, and Barack Obama. The Amendment has also applied to Donald Trump, who was elected for two non-consecutive terms. Several attempts have been made to modify or repeal the Amendment.

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Presidential 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 to two terms. The amendment was passed after Franklin D. Roosevelt was elected for the fourth time in 1944, prompting Congress to start drafting an amendment to formalize presidential term limits.

The Twenty-second 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, shall be elected to the office of President more than once. The amendment does not apply to any person holding the office of President when it was proposed by Congress, and it does not prevent them from holding the office of President during the remainder of their term.

The question of term limits for elected officials dates back to the initial debates surrounding the Constitution's ratification. At the time, the office of President did not exist, as the Congress held both legislative and executive authority. When the concept 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, but this raised concerns about the creation of an "elective monarchy". It was eventually determined that the President would be voted for by the people and would not be bound by term limits.

Since the Twenty-second Amendment came into force, several attempts have been made to modify or repeal it, with arguments ranging from having consistent leadership in times of crisis to allowing non-consecutive terms. However, the amendment has been successful in limiting presidential power, with six twice-elected presidents being barred from a third term: Dwight D. Eisenhower, Richard Nixon, Ronald Reagan, Bill Clinton, George W. Bush, and Barack Obama.

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Eligibility for unfinished presidential terms

The Twenty-second Amendment to the U.S. Constitution, ratified in 1951, establishes term limits for elected presidents and outlines eligibility requirements for succeeding unfinished presidential terms.

According to the amendment, no person shall be elected to the office of the President more than twice. Additionally, no person who has served as President for more than two years of a term to which another person was elected shall be elected to the presidency more than once.

This means that an individual can serve as President for a maximum of two terms. However, there are exceptions to this rule. The amendment does not apply to a person already holding the office of President when the amendment was proposed by Congress. It also allows an individual who assumes the role of President due to the previous President's inability to complete their term to run for the office of President twice.

The Twenty-second Amendment was proposed in response to Franklin D. Roosevelt's four terms as President from 1932 to 1944. The question of term limits for elected officials has been a topic of debate since the Constitution's ratification. While some founding fathers envisioned a president nominated by Congress and serving for life, others worried this would create an "elective monarchy."

Since the Twenty-second Amendment's ratification, all U.S. presidents have served no more than two elected terms. However, there have been attempts to modify or repeal the amendment, with arguments ranging from ensuring consistent leadership in crises to allowing non-consecutive terms for eligible presidents with longer life expectancies.

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Attempts to repeal the Amendment

The Twenty-second Amendment to the United States Constitution, which was ratified on February 27, 1951, established a two-term limit for presidents. Since then, there have been several attempts to repeal it.

In 1956, just five years after the amendment was ratified, the first efforts to repeal the 22nd Amendment were made in Congress. Over the next 50 years, 54 joint resolutions seeking to repeal the two-term presidential election limit were introduced. Several presidents and members of Congress from various political affiliations have attempted to modify or repeal the Twenty-second Amendment.

Harry S. Truman, the first president affected by the amendment, described it as "stupid" and one of the worst amendments to the Constitution. Ronald Reagan, towards the end of his second term in 1987, expressed his desire to start a movement to repeal the amendment. This would have allowed Reagan, who was in his late 70s, to run for a third term. A few days before leaving office in 1989, Reagan reiterated his desire to repeal the amendment, believing it infringed on people's democratic rights.

Bill Clinton, in a 2000 interview with Rolling Stone, suggested altering the amendment to allow presidents to serve two consecutive terms and then allow for non-consecutive terms due to longer life expectancies. Donald Trump, during his second term, faced restrictions on his ability to run for a third term due to the amendment. However, there was speculation that he could serve in a temporary role under some unusual scenarios.

Despite these attempts and expressions of interest in repealing or modifying the Twenty-second Amendment, it remains a part of the Constitution and has been upheld for over 70 years.

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Presidential succession

The Twenty-second Amendment to the US Constitution, ratified in 1951, limits the President to two terms in office. The amendment was passed after Franklin D. Roosevelt was elected president four times from 1932 to 1944. The question of term limits for elected officials dates back to the first debates surrounding the Constitution's ratification. While Alexander Hamilton and James Madison envisioned a president who would serve for life, others feared this would create an "elective monarchy".

The Presidential Succession Act of 1947, last revised in 2006, outlines the presidential order of succession. The vice president is first in line, followed by the president pro tempore of the Senate, then the speaker of the House, and then the secretary of state. In the event of a vacancy in the office of the vice president, the 25th Amendment, adopted in 1967, establishes procedures for filling the position.

The Presidential Succession Act of 1792 provided that the president pro tempore of the Senate would be first in line for the presidency if both the president and vice president's offices were vacant. The speaker of the House was second in line. The statutory successor would serve in an acting capacity until a new president could be elected. A special election would be held to fill the vacancies, and the winners would serve a full four-year term beginning on March 4 of the next year. However, this type of election never took place.

The issue of presidential succession was widely considered settled until the terrorist attacks of September 11, 2001, which raised concerns about a decapitation strike that could kill or incapacitate multiple individuals in the line of succession. In the years following the attacks, there were numerous discussions about the existing constitutional and statutory provisions governing presidential succession. These discussions are ongoing, and there have been several attempts to modify or repeal the Twenty-second Amendment.

Frequently asked questions

Yes, the Twenty-second Amendment to the US Constitution limits a person to being elected to the office of President of the United States to two terms.

The Twenty-second Amendment was ratified on February 27, 1951, and has been in force since.

The two-term limit was introduced after Franklin D. Roosevelt was elected for his fourth term in office. Before this amendment, there were no explicit term limits for presidents, though they voluntarily adhered to a two-term limit.

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