Term Limits: A Constitutional Amendment For The Presidency

what constitutional amendment limiting presidential terms

The Twenty-second Amendment to the United States Constitution, also known as Amendment XXII, was ratified on February 27, 1951, and established term limits for the presidency. The amendment was a response to Franklin D. Roosevelt's unprecedented four terms as president, serving from 1932 to 1944, and the subsequent ascension of Harry S. Truman to the presidency. The Twenty-second Amendment limits a person from being 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.

Characteristics Values
Name of Amendment Twenty-second Amendment (Amendment XXII)
Date of Ratification February 27, 1951
Number of Terms Allowed Two
Additional Conditions 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
Exceptions Does not apply to any person holding office when the Amendment was proposed by Congress
Ratification Requirements Ratification by legislatures of three-fourths of the states within seven years
Motivation Reaction to Franklin D. Roosevelt's election to four terms as President

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The Twenty-second Amendment

The 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 shall be elected more than once. This means that a person who completes the unexpired term of their predecessor, lasting more than two years, is prohibited from being elected president more than once.

The question of term limits for elected officials has been a long-standing debate in American politics. While some of the Framers, like Alexander Hamilton and James Madison, envisioned a president serving a lifetime tenure, others favoured fixed terms. The Twenty-second Amendment thus established a two-term limit on the presidency, a tradition that has been followed by all subsequent presidents.

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Presidential term limits

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. This amendment was a reaction to Franklin D. Roosevelt being elected to an unprecedented four terms as president. Roosevelt was the only president to exceed eight years in office.

The concept of presidential term limits was first debated during the Constitutional Convention of 1787. Alexander Hamilton and James Madison supported lifetime tenure for presidents, while others, like Virginia's George Mason, opposed it, arguing that it would be tantamount to an elective monarchy. The Twenty-second Amendment was proposed by the House of Representatives in 1947, two years after Roosevelt's death, and sent to the states for ratification. It was ratified in 1951, and since then, all US presidents have served no longer than two elected terms.

The Twenty-second Amendment also outlines eligibility conditions for presidents who succeed their predecessors before the end of their terms. It states that anyone who has served as president for more than two years of a term to which another person was elected shall be elected to the office no more than once. This means that if a vice president or other individual assumes the presidency due to the elected president's death, resignation, or removal from office, they can still be elected to two terms of their own.

The amendment has faced several attempts at modification or repeal by presidents and Congress members from various political affiliations. Arguments for repealing the amendment include allowing non-consecutive terms and having consistent leadership during crises. However, the two-term limit has been largely adhered to, with only three of the next four presidents after Jefferson—Madison, James Monroe, and Andrew Jackson—serving two terms each.

Who Authors Constitutional Amendments?

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Eligibility for unfinished terms

The Twenty-second Amendment to the United States Constitution, also known as Amendment XXII, places a limit on the number of times a person can be elected to the office of President of the United States. This amendment was ratified in 1951 and stipulates that no individual can be elected to the presidency more than twice.

However, the amendment also addresses eligibility for unfinished terms, which can arise when a president leaves office prematurely. In such cases, the amendment outlines specific conditions that must be met for an individual to be eligible to succeed and complete the unexpired term. Specifically, it states that any person who has already served as President for more than two years of a term to which another person was originally elected shall be considered to have served a full term. As a result, they can only be elected to the office of President one more time.

For example, if President A is elected for a four-year term but resigns or is removed from office after three years, their vice president, Vice President B, would assume the role of President for the remaining one year. In this case, Vice President B is considered to have served as President for one year. According to the Twenty-second Amendment, Vice President B can now only be elected to the presidency one more time since they have already served more than two years of a term originally assigned to someone else.

This provision ensures that individuals who assume the presidency midway through a term are still subject to the two-term limit. It prevents scenarios where someone could serve as President for more than two terms by completing the remainder of someone else's term and then being elected twice in their own right.

The Twenty-second Amendment was a response to Franklin D. Roosevelt's unprecedented four terms as president, serving from 1932 to 1944. The amendment sought to prevent any future concentration of power in the executive branch and maintain a balanced and democratic system of government.

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Ratification

The 22nd Amendment to the United States Constitution, which limits the US presidency to two terms, was passed by Congress on March 21, 1947, and ratified by the states on February 27, 1951. The amendment was a reaction to Franklin D. Roosevelt's election to an unprecedented four terms as president, but presidential term limits had long been debated in American politics.

The question of having term limits on elected officials dates back to the first debates surrounding the Constitution's ratification. When the concept of an individual holding the title of president was created, the Framers differed in their opinions on how long they should serve. Alexander Hamilton and James Madison, for instance, envisioned a president who would be nominated by Congress and 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 considered.

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. After going through some revisions by the Senate, the proposed amendment was approved and sent out to the states for ratification on March 21. The proposed amendment—now officially adopted as the Twenty-second Amendment—was ratified in 1951 after almost four full years of deliberation.

The amendment was ratified by 36 of the 48 states, with Minnesota being the final state needed for ratification. Five other states later ratified the amendment, while Massachusetts and Oklahoma rejected it, and Arizona, Kentucky, Rhode Island, Washington, and West Virginia took no action. The 22nd Amendment has since been subject to several attempts by presidents and Congress members to modify or outright repeal it.

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Presidential tenure

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. This amendment was a reaction to Franklin D. Roosevelt being elected to an unprecedented four terms as president. Roosevelt was the only president to exceed eight years in office.

The Twenty-second Amendment also sets additional eligibility conditions for presidents who succeed their predecessors before their terms expire. It states that anyone who fills an unexpired presidential term lasting more than two years is prohibited from being elected president more than once.

The question of having term limits on elected officials dates back to the first debates surrounding the Constitution's ratification. Alexander Hamilton and James Madison envisioned a president who would be nominated by Congress and serve for life, while others favoured fixed terms. The concern with lifetime tenure was that the United States would become an "elective monarchy".

The Twenty-second Amendment was approved by Congress on March 21, 1947, and submitted to the state legislatures for ratification. It was ratified on February 27, 1951, and its provisions came into force on the same date. Since the amendment's ratification, all subsequent presidents have served no longer than two elected terms.

Frequently asked questions

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.

The Twenty-second Amendment was a reaction to Franklin D. Roosevelt being elected to an unprecedented four terms as president.

The Twenty-second Amendment was approved by Congress on March 21, 1947, and submitted to the state legislatures for ratification. It was ratified on February 27, 1951, when 36 out of 48 states ratified it.

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