Isabella Carter
The 22nd Amendment to the US Constitution, which came into force in 1951, limits the number of terms a president can serve to two. Since its ratification, 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 been the subject of much debate, with several presidents voicing their opposition to it and numerous attempts made to repeal it.
| Characteristics | Values |
|---|---|
| Date of approval | March 21 |
| Date of ratification | February 27, 1951 |
| Ratification time | 3 years, 343 days |
| Number of terms allowed for a president | 2 |
| Number of states that rejected the amendment | 2 (Massachusetts and Oklahoma) |
| Number of states that took no action | 5 (Arizona, Kentucky, Rhode Island, Washington, and West Virginia) |
| Number of joint resolutions seeking to repeal the two-term presidential election limit introduced between 1956 and 2013 | 54 |
| Number of resolutions introduced by Representative José E. Serrano between 1997 and 2013 | 9 |
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What You'll Learn
Presidential term limits
The 22nd Amendment to the US Constitution imposes term limits on the presidency, stating that no person shall be elected to the office of the President more than twice. This amendment was ratified in 1951 and has since barred six twice-elected presidents from a third term: Dwight D. Eisenhower, Richard Nixon, Ronald Reagan, Bill Clinton, George W. Bush, and Barack Obama. The incumbent president, Donald Trump, is also barred from seeking a third term, as he has served two non-consecutive terms.
The 22nd Amendment was created in response to the death of Franklin D. Roosevelt, as urged by then-president Harry S. Truman. It was passed with overwhelming support from the American people and has been subject to various attempts at repeal over the years. While the amendment imposes term limits on the presidency, there is ambiguity regarding its interaction with the 12th Amendment, which states that "no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States." This has led to questions about whether a two-term president could become vice president and then succeed to the presidency.
The applicability of this interpretation has not been tested, as no person has been elected president and vice president in that order. However, the Supreme Court has held that term limits restrict the ability of voters to choose their preferred candidates. Several presidents, including Truman, have voiced their opposition to the amendment, with Truman describing it as "one of the worst amendments of the Constitution."
Despite the existence of the 22nd Amendment, there have been efforts to repeal it or find loopholes. Between 1956 and 2013, 54 joint resolutions were introduced to repeal the two-term presidential election limit, all of which were unsuccessful. Additionally, Representative Andy Ogles proposed a resolution in 2025 to allow a president to serve a third term if their first two terms were non-consecutive, specifically targeting Donald Trump's eligibility for a third term.
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Applicability to former presidents
The 22nd Amendment of the U.S. Constitution limits the number of terms former presidents can serve if they are re-elected. The amendment states that "no person shall be elected to the office of President more than twice". This means that former presidents can be re-elected once but cannot serve additional terms beyond that.
The applicability of the 22nd Amendment to former presidents has been a subject of debate and interpretation. Some argue that it implies that a two-term president is barred from later serving as vice president or succeeding to the presidency from any point in the presidential line of succession. This interpretation stems from the amendment's focus on limiting the number of terms a president can serve.
However, others contend that the 22nd Amendment only concerns qualifications for the election of the president and does not restrict former presidents from serving in other capacities. This interpretation is based on the amendment's wording, which specifically addresses the election to the office of the president without explicitly mentioning subsequent roles.
The potential ambiguity between the 22nd Amendment and the 12th Amendment has also been raised. The 12th Amendment, ratified in 1804, stipulates that "no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States". While the 12th Amendment primarily focuses on qualifications for service, such as age, residence, and citizenship, its interaction with the 22nd Amendment is not entirely clear.
The applicability of these amendments to former presidents has practical implications. For example, a former two-term president could potentially be elected as vice president and then ascend to the presidency due to the incumbent's death, resignation, or removal from office. However, it is important to note that such a scenario has not occurred, and the applicability of the amendments in this specific context has not been tested in practice.
In conclusion, while the 22nd Amendment clearly limits former presidents to one re-election, the applicability of this amendment and its interaction with other amendments regarding subsequent roles is a complex and nuanced topic that has sparked discussions and interpretations among legal scholars and politicians.
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Ambiguity with the 12th Amendment
The Twelfth Amendment to the United States Constitution outlines the procedure for electing the president and vice president. It was proposed by Congress on December 9, 1803, and ratified by the requisite three-quarters of state legislatures on June 15, 1804. The amendment changed the process of electing a president and vice president, replacing the procedure in Article II, Section 1, Clause 3, which governed how the Electoral College originally functioned.
The Twelfth Amendment stipulates that electors must cast distinct votes for president and vice president, instead of two votes for president. It also specifies that the electors shall meet in their respective states and vote by ballot for President and Vice-President, with at least one of them not being an inhabitant of the same state as the electors. The person with the greatest number of votes for President shall be the President if they have a majority of the whole number of electors appointed. Similarly, the person with the greatest number of votes as Vice-President shall be the Vice-President if they have a majority of the whole number of electors appointed. If no person has a majority, the Senate shall choose from the two highest numbers on the list, with a quorum of two-thirds of the whole number of Senators.
However, there has been some ambiguity regarding the interpretation of the Twelfth Amendment. In the case of U.S. Term Limits, Inc. v. Thornton (1995), the Supreme Court held that term limits amount to a qualification for holding public office, referencing the potential conflict with the 22nd Amendment. This ambiguity also allowed for speculation in 2020 about whether former president Barack Obama was eligible to be vice president.
In 1836, the Whig Party attempted to invoke the 12th Amendment by nominating four different candidates in different regions to splinter the electoral vote and deny the Democratic nominee, Martin Van Buren, an electoral majority, forcing a contingent election. Ultimately, this strategy failed as Van Buren won the electoral college outright. The basis for the Whigs' strategy lay in a severe state-level Democratic Party split in Pennsylvania, which propelled the Whig-aligned Anti-Masonic Party to statewide power.
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Supreme Court interpretation
The 22nd Amendment to the US Constitution places a limit on the number of terms a person can serve as President. It states that no person can be elected to the office of the President more than twice, and no person who has served as President for more than two years of a term to which some other person was elected shall be elected more than once.
The 22nd Amendment has been the subject of several Supreme Court cases that have interpreted and shaped its meaning and impact. One notable case is United States v. Benjamin L. Chavis Jr. & Others, where defendants who had served as President for two or more terms argued that the restrictions on presidential terms violated their constitutional rights. The case explored the nuances of the amendment, including issues of succession and retroactivity, and the broader implications for democratic governance.
In another case, United States Term Limits v. Thornton, the Supreme Court struck down an Arkansas constitutional amendment that imposed additional state-level term limits on members of Congress beyond those established by the 22nd Amendment. This decision reaffirmed the exclusivity of federal term limits and strengthened the framework of the amendment.
The Supreme Court's ruling in Citizens United v. FEC, while not directly tied to the 22nd Amendment, has also indirectly impacted presidential term limits. The Court held that corporations and unions have the right to spend money for political purposes, further shaping the electoral landscape.
The 22nd Amendment has also been discussed in the context of former President Richard Nixon's case, Nixon v. Administrator of General Services, which dealt with the disposition of his presidential papers and tapes following the Watergate scandal. While not directly linked, the case touched on post-presidential activities and privileges, shedding light on the expectations and limitations for former presidents.
Additionally, legal scholars have debated the specific nuances and interpretations of the 22nd Amendment, including its potential impact on the political landscape and public sentiment towards term limits. They have also explored arguments for and against the amendment, considering issues such as the "spirit" of the amendment and the original intent behind its creation.
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Attempts to repeal the amendment
The 22nd Amendment to the United States Constitution 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 the President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term."
Essentially, this amendment limits the number of times an individual can be elected to the presidency, ensuring that no president can serve more than two terms (or ten years if they serve the remainder of another president's term and are then twice re-elected). This amendment was passed by Congress on March 21, 1947, and ratified by the required number of states on February 27, 1951, and it remains in effect today.
There have been several attempts over the years to repeal or amend the 22nd Amendment, although none have been successful. The first serious attempt was made in 1956, just five years after the amendment's ratification, when a resolution was introduced in Congress to propose a repeal. However, this resolution failed to gain traction and was never voted on.
Another notable effort to repeal the amendment occurred in the 1980s, during the presidency of Ronald Reagan. Some members of Congress, particularly those in the Republican Party, admired Reagan's leadership and wanted to allow him to run for a third term. In 1986, a joint resolution was introduced in both the House and the Senate to propose a repeal of the 22nd Amendment. The resolution gained some support, with 86 co-sponsors in the House and 22 in the Senate, but it ultimately failed to pass in either chamber.
More recently, there have been isolated calls to repeal or amend the 22nd Amendment, often spurred by popular or influential presidents. For example, during Barack Obama's presidency, some Democrats expressed a desire to allow him to seek a third term due to his popularity within the party and among the general public. Similarly, there have been discussions about removing term limits for President Donald Trump, although these discussions have been largely speculative and have not resulted in any formal legislative action.
It is important to note that any attempt to repeal or amend the 22nd Amendment would face significant political and procedural hurdles. The process of amending the Constitution is deliberately challenging, requiring supermajority support in both houses of Congress or a national convention called by two-thirds of state legislatures. Additionally, public opinion tends to favor term limits for presidents, making a repeal politically risky for elected officials. As such, while there may be future efforts to modify or remove the amendment, the 22nd Amendment is likely to remain a fixture of the US political system for the foreseeable future.
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Frequently asked questions
The 22nd Amendment to the US Constitution imposes term limits on the President.
No person shall be elected to the office of the President of the United States more than twice. Additionally, 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 22nd Amendment only requires that someone not be elected to the Presidency more than twice. However, the 12th Amendment states, "But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States." This creates an ambiguity about whether a former two-term President can become Vice President.
No, the 22nd Amendment was ratified on February 27, 1951, and has since barred six twice-elected presidents from a third term.
