Omar Bennett
The Twenty-second Amendment to the United States Constitution, also known as Amendment XXII, limits a president to two terms in office. This amendment was passed in response to Franklin D. Roosevelt serving four terms as president. The amendment was proposed by the House of Representatives in 1947, two years after Roosevelt's death, and ratified in 1951. It clarifies that no person can be elected to the office of President more than twice, and that no person who has held the office of President for more than two years of a term to which some other person was elected shall be elected to the office of the President more than once. This amendment also does not apply to any person holding the office of President when it was proposed.
| Characteristics | Values |
|---|---|
| Amendment number | 22nd Amendment |
| Date approved by Congress | March 21, 1947 |
| Date adopted | February 27, 1951 |
| Number of terms a person can be elected to the office of President | Twice |
| Eligibility conditions | Additional eligibility conditions for presidents who succeed to the unexpired terms of their predecessors |
| Conditions for vice presidents | Clarifies procedures governing the number of times a vice president who succeeded to the presidency might be elected to office |
| Amendment number | 25th Amendment |
| Date passed by Congress | July 6, 1965 |
| Date adopted | February 10, 1967 |
| Circumstances | Removal of the President from office, death, or resignation |
| Vice President's role | Becomes President or assumes the "powers and duties" of the presidency as Acting President |
| Filling a vacancy in the office of the Vice President | The President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress |
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What You'll Learn
The 22nd Amendment limits presidents to two terms
The 22nd Amendment to the United States Constitution, also known as Amendment XXII, limits the number of times a person can be elected to the office of President to twice. This amendment was passed by Congress and ratified by the states in response to Franklin D. Roosevelt's unprecedented election to four terms as president. Roosevelt's election brought to the fore the long-standing debate about presidential term limits in American politics.
The idea of limiting the number of terms a president can serve is not new. It dates back to the first debates surrounding the Constitution's ratification. When the concept of the presidency was created, there were differing opinions on how long a president should serve. Alexander Hamilton and James Madison envisioned a president who would be nominated by Congress and serve for life. However, others, like Virginia's George Mason, opposed this idea, arguing that it would lead to an "elective monarchy." An early draft of the U.S. Constitution provided for a single seven-year term for the president.
The Framers ultimately approved four-year terms with no restriction on the number of terms a person could serve. This lack of restriction allowed Roosevelt to be elected four times. In response to this, the House of Representatives proposed Joint Resolution 27 in 1947, calling for a limit of two four-year terms for all future presidents. After revisions by the Senate, the proposed amendment was approved and sent to the states for ratification on March 21, 1947.
The 22nd Amendment not only limits presidents to two terms but also sets additional eligibility conditions for presidents who succeed to the unexpired terms of their predecessors. For example, someone who fills an unexpired presidential term lasting more than two years is prohibited from being elected president more than once. The amendment also clarifies the procedures governing the number of times a vice president who succeeds to the presidency may be elected to office.
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The 25th Amendment clarifies succession
The 25th Amendment to the United States Constitution addresses issues related to presidential succession and disability. It clarifies the procedures to be followed in the event of the president's death, resignation, or removal from office.
Section 1 of the 25th Amendment outlines that in the event of the president's death, resignation, or removal from office, the vice president becomes president. This is a departure from previous practices, where the vice president would merely assume the powers and duties of the presidency as acting president. The amendment ensures a smooth transition of power and provides clarity in the presidential line of succession.
Section 2 of the amendment addresses vacancies in the office of the vice president. Whenever there is a vacancy, the president is responsible for nominating a new vice president. The nominated candidate assumes the office of the vice president upon confirmation by a majority vote of both Houses of Congress. This mechanism ensures that vacancies in the vice presidency are filled promptly and efficiently.
Section 3 of the 25th Amendment comes into play when the president is unable to discharge the powers and duties of their office due to temporary incapacitation or other reasons. The president can voluntarily transmit a written declaration of their inability to the President pro tempore of the Senate and the Speaker of the House of Representatives. Upon receiving this declaration, the vice president immediately assumes the powers and duties of the office as Acting President.
Section 4 addresses situations where the president's ability to discharge their powers and duties is in question, but the president disputes their inability. In such cases, the vice president and a majority of the principal officers of the executive departments can transmit a written declaration of the president's inability to the President pro tempore of the Senate and the Speaker of the House of Representatives. Congress then decides the issue, and if they determine by a two-thirds vote of both Houses that the president is indeed unable, the vice president continues as Acting President.
The 25th Amendment provides a comprehensive framework for addressing presidential succession and disability, ensuring a clear and orderly transfer of power during critical moments in the nation's history.
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Presidential disability addressed in the 25th Amendment
The 25th Amendment to the US Constitution, passed by Congress in July 1965 and ratified in February 1967, addresses the issue of presidential disability and succession. It provides a clear procedure for determining presidential disability and succession in the event of a vacancy in the office of the President.
Prior to the 25th Amendment, the Constitution did not clearly address the matter of presidential succession or disability. The original Article II, Section 1 of the Constitution stated that in the event of the "removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President". However, it was unclear whether the Vice President was to temporarily fill the role or actually become the President.
The 25th Amendment provides a detailed framework for addressing presidential disability and succession. Section 3 of the Amendment enables the President to voluntarily declare themselves temporarily disabled by transmitting a written declaration to the President pro tempore of the Senate and the Speaker of the House of Representatives. In such cases, the Vice President assumes the powers and duties of the President as Acting President until the President transmits another written declaration stating their ability to resume duties. This procedure has been invoked three times: once by Ronald Reagan and twice by George W. Bush during medical procedures.
Section 4 of the Amendment addresses scenarios where the President is unable or unwilling to communicate their disability. In such cases, the Vice President, along with a majority of the principal officers of the executive departments or another body designated by Congress, can declare the President disabled by sending a written declaration to the President pro tempore of the Senate and the Speaker of the House. Congress then has twenty-one days to decide on the issue, assembling within forty-eight hours if not already in session. If two-thirds of both Houses agree that the President is unable to discharge their duties, the Vice President continues as Acting President; otherwise, the President resumes their powers and duties.
While the 25th Amendment provides a mechanism for determining presidential disability, it has been criticised for leaving the term "disability" vague and undefined. This ambiguity allows for a broad interpretation of presidential disability, encompassing both physical and mental inability, and gives significant discretion to politicians in determining whether the President is unable to perform their duties.
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The 25th Amendment outlines the Vice President's role
The 25th Amendment outlines the role of the Vice President in the event of the President's death, removal, resignation, or inability to carry out their duties. It was passed by Congress on July 6, 1965, and ratified on February 10, 1967.
Section 1 of the 25th Amendment states that in the case of the President's death, removal, or resignation, the Vice President becomes the President. This section clarifies that the Vice President becomes the President, rather than simply assuming the powers and duties of the office as Acting President. This succession occurs automatically, without the need for any explicit invocation.
Section 2 addresses the vacancy in the office of the Vice President. In this case, the President nominates a Vice President who takes office upon confirmation by a majority vote of both Houses of Congress.
Section 4 of the 25th Amendment outlines the procedure when the President's ability to discharge their powers and duties is questioned. The President can transmit a written declaration of their inability to the President pro tempore of the Senate and the Speaker of the House of Representatives, allowing the Vice President to serve as Acting President temporarily. The President can resume their duties by sending a subsequent written declaration stating that the inability no longer exists, unless the Vice President and a majority of the principal officers of the executive department disagree and transmit their own written declaration within four days. In such cases, Congress decides the issue, assembling within 48 hours if not already in session. If Congress determines by a two-thirds vote of both Houses that the President is unable to carry out their duties, the Vice President continues as Acting President; otherwise, the President resumes their powers and duties.
The 25th Amendment provides a clear framework for addressing situations where the President is unable to perform their duties, ensuring a smooth transition of power and establishing the Vice President's role in such scenarios.
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The 22nd Amendment is a response to FDR's four terms
The 22nd Amendment to the United States Constitution, which limits the President to two terms in office, was passed in 1951 in response to Franklin D. Roosevelt's four consecutive terms as President. Roosevelt's unprecedented third-term election campaign dominated the 1940 election, and he won a fourth term in 1944. This broke a longstanding tradition that no one would run for a third term, established by George Washington, the first US President.
The 22nd Amendment was passed in an era of concern about the rising power of dictators overseas, such as Adolf Hitler and Mussolini. This concern was exacerbated by FDR's continual re-election, and his death early into his fourth term. During his time in office, Roosevelt had also used his executive power to produce federal work programs in response to the Great Depression and served as Commander-in-Chief of a massive American military force during World War II.
The question of term limits for elected officials was a topic of debate since the Constitution's ratification. Alexander Hamilton and James Madison initially envisioned a president who would be nominated by Congress to serve for life, but this raised concerns about the US becoming an "elective monarchy." For 150 years, the precedent set by Washington was upheld, but the tumultuous 20th century brought this into question.
Talk of a presidential term-limits amendment began in 1944 when Republican candidate Thomas Dewey said that a potential 16-year term for Roosevelt was a threat to democracy. In a speech in Buffalo, Dewey stated:
> "Four terms, or sixteen years, is the most dangerous threat to our freedom ever proposed. That is one reason why I believe that two terms must be established as the limit by constitutional amendment."
In March 1947, a Republican-controlled Congress approved the 22nd Amendment, with an exception for presidents in office during the ratification process. The amendment was ratified in 1951, and since then, several efforts have been made to repeal it.
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Frequently asked questions
The Twenty-second Amendment to the United States Constitution limits the number of times a person can be elected to the office of President of the United States to twice.
The Twenty-second Amendment was passed as a reaction to Franklin D. Roosevelt's election to an unprecedented four terms as president.
The 25th Amendment states that if the President transmits a written declaration to the President pro tempore of the Senate and the Speaker of the House of Representatives stating that they are unable to discharge their powers and duties, the Vice President shall assume the role of Acting President.
