Customary Practice To Constitutional Right: A Cultural Evolution

The custom that eventually became part of the US Constitution as the 22nd Amendment is that no President can be elected for a third term. This amendment was added to the Constitution in 1951, after Franklin D. Roosevelt was elected to four terms as President, breaking the previous custom set by George Washington of serving only two terms. The 25th Amendment, on the other hand, established the custom that the Vice President succeeds a President who dies in office.

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No third term for presidents

The custom of "no third term for presidents" became part of the US Constitution as the 22nd Amendment. This amendment was added to the Constitution in 1951, after Franklin D. Roosevelt served four terms as president, breaking the previous custom set by George Washington of serving only two terms.

The 22nd Amendment establishes term limits on those elected president and outlines a series of stipulations regarding the eligibility of succession for unfinished presidential terms. The official text of 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 question of having term limits for elected officials has been a topic of debate since the creation of the US Constitution. Initially, there were no formal restrictions on how many terms a president could serve. Alexander Hamilton and James Madison envisioned a president who would be nominated by Congress and serve for life, while other proposals for presidential terms were met with a divided reception. It was eventually determined that presidents would be voted for by the people through the Electoral College system, without any term limits.

The custom of a two-term limit was established by George Washington, the first president of the United States, who voluntarily stepped down after two terms. This set an unofficial precedent for future presidents, which was followed for 150 years until Franklin D. Roosevelt was elected to a third term in 1940, during a time of significant national struggles, including the Great Depression and World War II. Roosevelt's unprecedented third and fourth terms raised concerns about the concentration of power in the executive branch, prompting Congress to propose the 22nd Amendment in 1947. The amendment was ratified by the states in 1951, solidifying the two-term limit for presidents.

The Vice President

The role of the Vice President of the United States has evolved since the country's founding, with the 12th, 20th, 22nd, and 25th Amendments to the Constitution all clarifying and expanding the Vice President's powers and responsibilities.

The original understanding of the Vice President's role was established during the Constitutional Convention of 1787 in Philadelphia. The Founders included the office of Vice President as part of the compromise that created the Electoral College. The Committee of Eleven decided that electors would cast two votes, with the top vote-getter becoming President and the second-place finisher becoming Vice President. The Vice President's initial role was to serve as the President of the Senate and to sign or attest to bills sent to the President.

The 12th Amendment, ratified in 1804, revised the process of electing the President and Vice President, allowing for distinct ballots for each office. It also clarified that the Vice President would act as President in the case of the President's death, resignation, or inability to serve.

The 20th Amendment, ratified in 1933, changed the inauguration day for the President and Vice President from March 4 to January 20.

The 22nd Amendment, ratified in 1951, established a two-term limit for the Presidency, preventing any President from being elected for a third term.

The 25th Amendment, ratified in 1967, further defined the process of presidential succession and clarified the Vice President's role in the event of a presidential vacancy. It allowed the President to notify Congress of their inability to discharge their duties and designate the Vice President to act as President until the President resumes their duties. The 25th Amendment also provided for situations where the President is temporarily or permanently unable to lead, such as due to illness or injury, and allowed the Vice President and a majority of the Cabinet to declare the President incapacitated.

In summary, the role of the Vice President of the United States has been shaped by various constitutional amendments, with the 12th, 20th, 22nd, and 25th Amendments all clarifying and expanding the Vice President's powers and responsibilities, particularly in relation to presidential succession.

Two-term limit

The custom of a two-term limit for US presidents was first set by George Washington, the country's first president, who voluntarily stepped down after two terms. This set a precedent for future presidents, establishing an unofficial tradition of a two-term limit. However, this unwritten rule was broken by Franklin D. Roosevelt, who was elected to four terms between 1932 and 1944, during critical periods including the Great Depression and World War II.

Roosevelt's unprecedented four-term presidency raised concerns about the concentration of power in the executive branch and the potential risk of executive overreach. In response, Congress proposed the 22nd Amendment in 1947, two years after Roosevelt's death, to officially limit presidents to two elected terms, or a maximum of eight years in office. The 22nd Amendment was ratified in 1951, solidifying the two-term limit custom that had been established by George Washington.

The 22nd Amendment states that "no person shall be elected to the office of the President more than twice". It also addresses eligibility for unfinished presidential terms, specifying that anyone who has held the office of President or acted as President for more than two years of a term to which another person was elected shall be limited to one elected term. This amendment ensures that no individual can be elected president more than twice, preventing an excessive concentration of power in the presidency.

The two-term limit custom, now formalized as the 22nd Amendment, has been a significant part of the US Constitution, shaping the country's political landscape by setting clear boundaries on the length of a president's service. It has helped maintain a balance of power and prevented any single individual from holding the office of the president for an extended period, thus promoting a more democratic distribution of leadership.

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Presidential succession

The Presidential Succession Act of 1947, along with Article II, Section 1 of the US Constitution, outlines the presidential order of succession. The Act was signed by President Harry Truman and came into effect on July 18, 1947. The original act of 1792 had placed the Senate president pro tempore and Speaker of the House in the line of succession, but in 1886, Congress removed them. The 1947 Act reinserted these officials, with the Speaker taking precedence over the president pro tempore.

The Presidential Succession Clause in Article II of the Constitution states that in the event of a president's removal, death, or resignation, or inability to serve, the vice president shall assume the "powers and duties" of the presidency. However, it does not clarify whether the vice president becomes the president or simply acts as president until a new one is elected. This ambiguity led to a series of succession disputes, the first of which occurred in 1841 when President William Henry Harrison died, and Vice President John Tyler claimed a constitutional mandate to carry out the full powers of the presidency. Tyler's view ultimately prevailed, setting a precedent for an orderly transfer of power in the event of a president's death, which was later written into the Constitution as Section 1 of the Twenty-fifth Amendment.

The Twenty-fifth Amendment, ratified in 1967, addresses the presidential succession process and establishes the complete order of succession. It states that in the case of the president's removal, death, or resignation, the vice president shall become the president. It also requires the president to nominate a vice president, subject to confirmation by a majority vote in both Houses of Congress. This amendment reaffirmed several precedents set by previous presidents and vice presidents in response to their own succession crises.

The line of succession beyond the vice president includes cabinet officers, such as the secretary of state, secretary of the treasury, and secretary of war, in the order of their agencies' creation. There have been concerns about the eligibility and suitability of certain officials in the line of succession, such as the speaker of the House and the president pro tempore of the Senate, due to their party affiliation and the potential for multiple acting presidents during a national crisis. The Twenty-fifth Amendment also established procedures for responding to presidential disabilities, allowing the vice president to assume the powers and duties of the presidency temporarily.

Ratification by states

The drafting of the US Constitution began on May 25, 1787, when the Constitutional Convention first met at the Pennsylvania State House in Philadelphia. The convention was convened to revise the Articles of Confederation, which was the existing framework for the US government. The ratification process for the new Constitution began on September 17, 1787, the day the document was signed and adopted by the convention delegates.

The ratification process for the US Constitution involved each state debating the document and voting on whether to ratify it. The new Constitution required ratification by nine of the 13 existing states to take effect. This threshold was reached on June 21, 1788, when New Hampshire became the ninth state to ratify. However, the process of ratification by the states was complex and contentious, with supporters (Federalists) and opponents (Anti-Federalists) of the Constitution engaging in debates and lobbying efforts. The Anti-Federalists criticised the lack of protection for individual rights in the Constitution, and several state conventions refused to ratify it.

The first state to ratify the Constitution was Delaware on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut. New Hampshire became the ninth state to ratify, with a close vote of 57-47. In addition to ratifying the Constitution, New Hampshire, like several other states, requested alterations to be made. Virginia, for example, requested 20 alterations, while New York requested 33.

The process of ratification was particularly contentious in Pennsylvania, where the state assembly was accused of corruption. Antifederalists in the state assembly attempted to block the ratification process by refusing to attend the last two days of the session, aiming to prevent a quorum. However, their efforts were unsuccessful, and Pennsylvania ultimately became the second state to ratify the Constitution.

The ratification of the Constitution by the states was a significant step in the establishment of the new US government. It superseded the Articles of Confederation and marked the beginning of a long history of US expansion and constitutional evolution. The Constitution officially took effect on March 4, 1789, and the first federal elections were held from December 15, 1788, to January 10, 1789. George Washington was elected as the nation's first president, and John Adams became the first vice president.

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