Omar Bennett
The original U.S. Constitution did not impose term limits on the presidency. While the concept of term limits was discussed at the Constitutional Convention, it was not enacted. The Twenty-Second Amendment, ratified in 1951, was the first and only amendment to impose term limits on the presidency, limiting presidents to two terms. This amendment was passed in response to Franklin D. Roosevelt's four consecutive terms in office.
| Characteristics | Values |
|---|---|
| Date of Amendment | 27th February 1951 |
| Amendment Number | Twenty-second Amendment |
| Term Limit | Two terms |
| Ratification | Required legislatures of three-fourths of the states to ratify within seven years |
| Applicability | Does not apply to the sitting President when the Amendment was proposed |
| Previous Precedent | George Washington refused a third term in 1796 |
| Reasoning | To prevent executive overreach and limit the possibility of an "elective monarchy" |
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What You'll Learn
The Twenty-Second Amendment
The amendment outlines that no person who has held the office of President for more than two years of a term to which another person was elected can be elected to the office of President more than once. This was done to prevent executive overreach, a concern that arose after Franklin D. Roosevelt served as President for almost thirteen years, winning four consecutive terms. Roosevelt's multiple terms broke an unofficial precedent set by George Washington, who declined to seek a third term in 1796.
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Presidential term limits
The original U.S. Constitution, which was enacted in 1789, did not impose any term limits on the presidency. The concept of term limits was discussed during the Constitutional Convention, but it was not included in the final document.
However, the issue of presidential term limits remained a subject of debate throughout the country's early history. George Washington, the first U.S. president, set an unofficial precedent by choosing not to seek a third term in 1796. Washington's decision was influenced by his desire to avoid the concentration of power associated with the British monarchy and the increasingly partisan nature of politics at the time.
The idea of imposing term limits gained momentum after Franklin D. Roosevelt, the 32nd President of the United States, served for almost thirteen years, including during World War II. Roosevelt's extended tenure raised concerns about executive overreach, and in 1947, two years after his death, the House of Representatives proposed Joint Resolution 27, suggesting a two-term limit for future presidents.
This proposal underwent revisions in the Senate and was eventually approved, becoming the 22nd Amendment to the Constitution, which was ratified on February 27, 1951. The 22nd Amendment establishes that no person shall be elected to the office of the President more than twice, and those who have served as President for more than two years of another person's term can only be elected once more.
It's worth noting that the 22nd Amendment does not prevent someone who has served two terms as President from later becoming Vice President and potentially succeeding to the presidency. Additionally, the amendment does not address the eligibility of a former two-term President to hold other positions, such as Speaker of the House, which could also lead to the presidency through the Succession Act.
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State and territory governor limits
The original constitution of the United States did not impose term limits on the presidency. The concept of term limits was discussed during the Constitutional Convention but was not enacted in the original Constitution. 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 become an "elective monarchy".
The 22nd Amendment, which was ratified on February 27, 1951, established term limits for the presidency, outlining that no person shall be elected to the office of the President more than twice. This amendment came about due to concerns over Franklin D. Roosevelt serving as president for almost thirteen years, winning four consecutive terms.
At the state level, the governors of 37 states and 4 territories are subject to various term limits, while the governors of 13 states, Puerto Rico, and the mayor of Washington, D.C., may serve an unlimited number of terms. Each state's gubernatorial term limits are prescribed by its state constitution, except for Wyoming, whose limits are found in its statutes. For example, Virginia prohibits its governors from serving consecutive terms, but former governors are eligible to serve again after a specified period (currently four years) out of office. Several other states used to have this "no succession" rule, but only Virginia has retained it.
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Supreme Court term limits
The original U.S. Constitution, which was ratified in 1788, did not impose term limits on any federal offices. The concept of term limits was discussed at the Constitutional Convention, but it was not included in the final document.
However, over time, there have been efforts to impose term limits on various elected officials, including the Supreme Court justices. Currently, Supreme Court justices are appointed for life, serving "during good behavior." This means that they can serve for an indefinite period, although they can be removed from office through impeachment and conviction or by a unilateral decision of the President.
The idea of imposing term limits on the Supreme Court has been debated by legal scholars and judges. Some scholars have argued that life tenure may no longer be appropriate in the modern context due to increased life expectancy, allowing justices to serve for much longer than in the past. They suggest that fixed terms for Supreme Court justices could improve accountability and better align with the spirit of checks and balances in the government.
Proposed term limits for Supreme Court justices have included an 18-year term, after which justices could sit on other Federal Courts until retirement, death, or removal. However, public opinion polls have shown that a majority of Americans are unaware of this proposal.
It is important to note that any change to impose term limits on the Supreme Court would likely require a constitutional amendment, as it would involve altering the structure and procedures of one of the nation's highest courts.
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Legislative term limits
The original U.S. Constitution, which was ratified in 1788, did not impose term limits on members of Congress. The concept of term limits was discussed during the Constitutional Convention, but it was not included in the final document.
However, over time, there have been efforts to impose legislative term limits at the federal and state levels. At the federal level, there have been discussions among legal scholars about imposing term limits on the Supreme Court justices, who are currently appointed for life. Proposals have included an 18-year term limit, after which justices could sit on other federal courts.
At the state level, the governors of 37 states and four territories are subject to various term limits, while the governors of 13 states, Puerto Rico, and the mayor of Washington, D.C., can serve an unlimited number of terms. Each state's gubernatorial term limits are prescribed by its state constitution or, in the case of Wyoming, by its statutes. Additionally, some localities impose term limits for local offices.
In 1993, New York City imposed a two-term limit on citywide elected officials, except for district attorneys. However, in 2008, this was extended to a three-term limit, and it was reinstated as a two-term limit in 2010. Studies have shown that legislative term limits can have both positive and negative effects on the political process, including increased polarization and reduced legislative skills among politicians.
While the original Constitution did not impose legislative term limits, the 22nd Amendment, ratified in 1951, established a two-term limit for the presidency, barring any person from being elected to the office of the President more than twice. This amendment was a response to Franklin D. Roosevelt's four consecutive terms as President, which raised concerns about executive overreach.
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Frequently asked questions
The original US Constitution did not impose any term limits. The concept was discussed during the Constitutional Convention but was not enacted.
The 22nd Amendment, which limits the US President to two terms, was ratified in 1951.
Franklin D. Roosevelt served as US President for four terms, which caused concern in Congress about the risk of executive overreach. The 22nd Amendment was introduced to prevent this from happening again.
The 22nd 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 President shall be elected to the office of President more than once".
