Eleanor Finch
The concept of term limits for elected officials has been a topic of debate since the early days of the US Constitution's ratification. While the US Congress initially held both legislative and executive authority, the creation of the role of the President prompted discussions on term limits. Alexander Hamilton and James Madison envisioned a president nominated by Congress and serving for life, but this idea was rejected due to concerns about an elective monarchy. The Twenty-second Amendment, ratified in 1951, limits the US President to two four-year terms, addressing post-WWII concerns about executive overreach. At the state level, term limits for governors and other executive branch officials have existed since the country's founding, with 36 states currently adopting various term limits for governors. Governors have broad authority to nominate officials for state executive branch positions, including their advisory committees or cabinets.
| Characteristics | Values |
|---|---|
| Federal level term limits | Restricted to the executive branch and some agencies |
| State level term limits | 36 states have adopted term limits of various types for their governors |
| Removal from office | The President, Vice President, and all civil Officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors |
| Oath of office | "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States" |
| Term length | The President of the United States can serve a maximum of two four-year terms |
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What You'll Learn
US President term limits
The US President is limited to two four-year terms in office. This limit was formally established by the Twenty-second Amendment to the US Constitution, which was ratified in 1951.
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.
The question of presidential term limits has a long history in American politics. During debates over the ratification of the Constitution, some delegates, including Alexander Hamilton and James Madison, supported lifetime tenure for presidents, while others favoured fixed terms. The Framers ultimately approved four-year terms with no restriction on the number of terms a person could serve.
Despite the lack of a formal limit, a two-term tradition was established by the country's first president, George Washington, which was followed by the next 31 presidents. In 1940, Franklin D. Roosevelt broke with this tradition, becoming the only president to serve four terms. Roosevelt's extended tenure, which lasted almost 13 years, raised concerns about the risk of executive overreach. In 1947, two years after Roosevelt's death, the House of Representatives proposed Joint Resolution 27, calling for a set limit of two terms for all future presidents. This proposal eventually became the Twenty-second Amendment.
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State governor term limits
In the United States, term limits restrict the number of terms an officeholder may serve. At the federal level, the president of the United States can serve a maximum of two four-year terms, as outlined by the Twenty-second Amendment to the United States Constitution, which came into force on February 27, 1951.
The question of term limits for elected officials has been debated since the first discussions surrounding the ratification of the Constitution. Initially, the office of President did not exist, as the Congress held both legislative and executive authority. When the role of President was created, there were differing opinions on how long they should serve. Alexander Hamilton and James Madison, for example, envisioned a president who would be nominated by Congress and serve for life. However, this idea was met with concerns that it could lead to an "elective monarchy."
The tradition of the president serving no more than two terms was established by George Washington, the first President of the United States. This tradition was largely followed for the next 150 years. However, in the 20th century, the issue of term limits gained more attention due to Franklin D. Roosevelt's extended time in office during and after the Great Depression and World War II. Roosevelt served as president for almost thirteen years, and his use of executive power during this time raised concerns about the potential for executive overreach in the post-war era.
At the state level, 37 states have some form of term limits for their governors, typically restricting them to two consecutive four-year terms. The states that do not impose term limits on their governors are Connecticut, Idaho, Illinois, Iowa, Massachusetts, Minnesota, New Hampshire, New York, Texas, Utah, Vermont, Washington, and Wisconsin. The majority of states require governors to be at least 30 years old, though some states have a minimum age requirement of 25, 21, or 18 years old.
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Legislative term limits
In the context of US politics, term limits restrict the number of terms of office an officeholder may serve. At the federal level, the president of the United States can serve a maximum of two four-year terms. This is limited by the Twenty-second Amendment to the US Constitution, which came into force on February 27, 1951. The vice president, however, may serve various presidents for unlimited four-year terms.
The Executive Branch is the only federal branch with a term limit, and this is only for the president. The US Constitution also outlines how terms are counted in times of emergency. If a vice president assumes the presidency due to the health, death, impeachment, or resignation of the predecessor, and serves more than two years of the predecessor's remaining term, those years count as one term in office. This means the new president could serve, if elected, only one additional term. However, if fewer than two years remain on the predecessor's term, the new president may serve two additional four-year terms if elected.
There have been legislative efforts to impose term limits in Congress since 1789, when Representative Thomas Tucker of South Carolina proposed one-year Senate terms with a limit of five years in any six-year period and two-year House terms with a limit of six years in any eight-year period. This proposal was shelved and did not make it to committee. The issue was largely put to rest until the 1940s when presidential term limits were debated due to Franklin D. Roosevelt's re-elections. Roosevelt served for almost thirteen years, and concerns were raised about the risk of executive overreach. In 1945, a Senate subcommittee debated congressional term limits, and since then, there have been numerous proposals introduced in Congress, but none have passed into law.
In the 1994 US elections, the Republican platform included legislation for term limits in Congress. They proposed limiting members of the Senate to two six-year terms and members of the House to six two-year terms. However, this rate of rotation was slow and garnered little support, failing to get the two-thirds majority needed for constitutional amendments.
Research has shown that legislative term limits can have several negative consequences. They can increase legislative polarization, reduce the legislative skills and productivity of politicians, weaken legislatures, and reduce voter turnout. Term limits have also been linked to lower growth in revenues and expenditures.
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The Twenty-second Amendment
When the concept of an individual holding the title of president was created, the Framers differed in several ways as to how long they would serve. Alexander Hamilton and James Madison, for instance, envisioned a president who would be nominated by Congress to serve for life. This raised concerns that the United States would effectively turn into an "elective monarchy," but other proposals for presidential terms were also met with a divided reception. It was eventually determined that presidents would be voted for by the people through the Electoral College system, and the prospective president-elect would not be bound by term limits.
For 150 years, an unofficial tradition of presidents serving no more than two terms seemed to sustain itself. However, the chaotic circumstances of the 20th century, including the Great Depression and World War II, brought greater questions regarding term limits to the fore. Franklin D. Roosevelt, elected in 1932, served two full terms and then ran again in the 1940 election, becoming the only president to be elected for a third and fourth term. This gave rise to concerns about a president serving unlimited terms and, in 1947, the House of Representatives proposed a set limit of two terms for all future presidents.
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The role of the US cabinet
The US Cabinet, established in Article II, Section 2 of the US Constitution, is composed of 15 offices, including the Vice President, who is the highest-ranking member, and the heads of 15 executive departments. The departments of the US Cabinet include State, Treasury, Defense, Attorney General, Interior, Agriculture, Commerce, Labor, Health and Human Services, Housing and Urban Development, Transportation, Energy, Education, Veterans Affairs, and Homeland Security. The role of the US Cabinet is to advise and counsel the President on various matters related to their respective offices, including education, health, and defense. The secretaries of each department are expected to directly advise the President in any way that he or she may require. While the Cabinet has no official governing power, their work impacts the lives of Americans daily.
The tradition of the Cabinet dates back to the beginnings of the Presidency itself. The President's Cabinet includes the Vice President, who was not included in Washington's Cabinet as the position was initially regarded as a legislative officer. The Cabinet also includes the heads of 15 executive departments, such as the Secretaries of State, Treasury, Defense, and Attorney General. The President can request the written opinion of the principal officer in each of the executive departments on any subject relating to their duties.
The US Cabinet has evolved over time, with Vice Presidents being regularly included as members in the 20th century and recent administrations including key White House staff in addition to department and agency heads. The Federal Vacancies Reform Act of 1998 allows an administration to appoint acting heads of departments from employees of the relevant department or political appointees of the outgoing administration. The Twenty-second Amendment to the US Constitution, ratified in 1951, established term limits for the President, limiting them to a maximum of two four-year terms. This amendment addressed concerns about executive overreach arising from Franklin D. Roosevelt's extended presidency during the Great Depression and World War II.
The US Cabinet plays a crucial role in the executive branch, ensuring that the President receives counsel and advice on a wide range of matters affecting the nation. While the Cabinet members do not hold official governing power, their influence on policy-making and the implementation of directives can significantly impact the lives of Americans. The Cabinet's role in advising the President and shaping the administration's agenda underscores the importance of a diverse and qualified group of individuals in these positions.
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Frequently asked questions
The President of the United States can serve a maximum of two four-year terms. This is restricted by the Twenty-second Amendment to the US Constitution, which came into force on February 27, 1951.
Governors have broad authority to nominate officials to serve in state executive branch positions, who will be included in the Governor's advisory committee, known as the cabinet. Governors can also make appointments to state judgeships, which are subject to confirmation by the state legislature. There are currently 36 states that have adopted term limits of various types for their governors.
The US Congress does not have any electoral term limits.
