Omar Bennett
The Twenty-second 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 two terms. The Amendment was ratified in 1951 after Franklin D. Roosevelt was elected president four times from 1932 to 1945, serving as president for more than eight years. The Amendment outlines that no person shall be elected to the office of President more than twice, and no person who has held the office of President for more than two years of another person's term shall be elected to office more than once.
| Characteristics | Values |
|---|---|
| Name | Twenty-second Amendment |
| Date of Ratification | February 27, 1951 |
| Number of Terms Allowed | Two |
| Maximum Time in Office | Two four-year terms |
| Applicability | Does not apply to sitting presidents at the time of ratification |
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What You'll Learn
The Twenty-Second Amendment
The amendment was approved by Congress on March 21, 1947, and submitted to the state legislatures for ratification. It was ratified almost four years later, when 36 out of 48 states had ratified it. Since then, all subsequent presidents have served for no longer than two elected terms.
The question of term limits for elected officials has long been debated in American politics. The Framers of the Constitution differed in their views on how long presidents should be elected for, with some supporting lifetime tenure and others favouring fixed terms. The Twenty-Second Amendment has been the subject of several attempts by presidents and Congress members to modify or repeal it, with arguments ranging from allowing non-consecutive terms to having consistent leadership in times of crisis.
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Presidential eligibility
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 of the United States to two terms. This amendment was ratified in 1951 and it establishes term limits on those elected president. The official text of the amendment is as follows:
> 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 Twenty-second Amendment outlines additional eligibility conditions for presidents who succeed to the unexpired terms of their predecessors. This means that someone 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 goes back to the first debates surrounding the Constitution's ratification. When the concept of an individual holding the title of president was created, there were differing views on how long they should be elected for. Alexander Hamilton and James Madison envisioned a president who would be nominated by Congress and would serve for life. However, this raised concerns that the United States would become an "elective monarchy".
The Twenty-second Amendment was proposed in response to Franklin D. Roosevelt's four terms as president, from 1932 to 1945. Roosevelt was the only president to exceed eight years in office, and his decision to seek a third and fourth term dominated the election campaigns. Roosevelt's death in 1945 and the subsequent ascension of Harry S. Truman to the presidency further fuelled the debate around term limits. In 1947, the House of Representatives proposed Joint Resolution 27, calling for a limit of two four-year terms for future presidents. This proposal was approved and submitted to the states for ratification, and the Twenty-second Amendment was officially ratified in 1951.
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Presidential succession
The Twenty-second Amendment to the United States Constitution, which was ratified in 1951, limits the number of times a person can be elected to the office of President of the United States to two terms. The amendment also sets additional eligibility conditions for presidents who succeed to the unexpired terms of their predecessors.
The U.S. Constitution and the Presidential Succession Act of 1947 outline the presidential order of succession. The vice president is designated as first in the line of succession, followed by the president pro tempore of the Senate, and then the speaker of the House of Representatives. The line of succession then continues with the Cabinet secretaries, in the order of when their departments were created.
The Presidential Succession Act refers to officers acting as president rather than becoming president when filling a vacancy. In the event of a dual vacancy, a special election is to be held in November of that year, unless the vacancies occur after the first Wednesday in October, in which case the election would be held the following year. If the vacancies occur within the last year of the presidential term, the next election would take place as regularly scheduled.
Amendment Twenty-five, ratified in 1967, further addresses the presidential succession process. It establishes that in the case of the removal of the President from office, or their death or resignation, the Vice President shall become President. If there is 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.
The Twenty-fifth Amendment also clarifies the procedure when a President is unable to discharge the powers and duties of their office. In such cases, the Vice President shall become Acting President until the President transmits a written declaration that they are once again able to resume their powers and duties. Congress can also determine, by a two-thirds vote of both Houses, that the President is unable to discharge their powers and duties, in which case the Vice President shall continue to act as President.
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Presidential term limits
The 22nd Amendment of the U.S. Constitution restricts presidents to serving only two terms in office. The states ratified the 22nd Amendment on February 27, 1951, and it establishes several other limits on presidential service time. 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 President shall be elected to the office of President more than once."
The 22nd Amendment was proposed in response to President Franklin Delano Roosevelt's election to an unprecedented fourth term in 1944. Roosevelt's decision to seek a third term in 1940 and a fourth term in 1944 dominated the election campaigns, with his opponents running against the open-ended presidential tenure. Roosevelt's victory over Thomas E. Dewey in 1944 made him the only president to exceed eight years in office. However, he died just 82 days after his fourth inauguration, and the issue of presidential term limits gained momentum in Congress.
The question of term limits for elected officials dates back to the debates surrounding the ratification of the Constitution. Alexander Hamilton and James Madison envisioned a president nominated by Congress and serving for life, but this raised concerns about the creation of an "elective monarchy." The Constitution originally did not specify term limits, but George Washington, the first President of the United States, set a precedent by serving two full terms and refusing to run for a third term. This tradition was followed for over 140 years until Roosevelt's fourth term.
The 22nd Amendment has been the subject of legal debates and attempts to modify or repeal it. Questions have arisen regarding the eligibility of a two-term president to serve as Vice President, Speaker of the House, or in other roles in the line of presidential succession. While the Amendment has yet to be applied in such scenarios, the Supreme Court will likely issue a ruling once these situations arise.
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Presidential impeachment
The Twenty-second Amendment to the United States Constitution, also known as Amendment XXII, limits the number of times a person can be elected President of the United States to two terms. The amendment was ratified in 1951 after Franklin D. Roosevelt had been elected president four times from 1932 to 1944.
Now, on to the topic of presidential impeachment. Impeachment is the process of bringing charges against a sitting member of the government, including the President, Vice President, and other federal civil officers. It is important to note that impeachment does not mean removal from office. The impeachment process involves three steps, and it may end at any one of these steps depending on how the body in question votes:
- An investigation by the House of Representatives committees: Any member of the House can initiate impeachment proceedings, and once initiated, an investigation involving all relevant committees is carried out. This is usually overseen by the House Judiciary Committee, which deliberates over whether to initiate an impeachment inquiry.
- A vote by the House to pass articles of impeachment: The House debates and considers the resolution, and a majority vote is required to approve the articles of impeachment. Once an article is approved, the President is technically "impeached" and subject to trial in the Senate.
- A trial and vote in the Senate to convict the official: The Senate sets a date for the trial, and if it is a trial for the President, the Chief Justice of the United States presides over the proceedings. A two-thirds supermajority of those present is required to convict the official, resulting in their removal from office.
The impeachment process is a serious matter that requires cooperation and transparency between the executive and legislative branches of government. It is a mechanism to hold government officials accountable to the people they serve.
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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 of the United States to twice.
The amendment was introduced after Franklin D. Roosevelt was elected president four times from 1932 to 1945. Roosevelt's four terms led to the proposal and ratification of the 22nd Amendment.
The Twenty-second Amendment was ratified on February 27, 1951, after almost four full years of deliberation.
The text of the amendment is as follows: "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."
Yes, several attempts have been made by presidents and Congress members to either modify or outright repeal the Twenty-second Amendment. Despite this, the amendment remains part of the Constitution.
