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The Twenty-Second Amendment to the United States Constitution limits the number of times a person can be elected to the office of President to two terms. The Amendment was ratified in 1951 as a direct response to Franklin D. Roosevelt serving four terms as President, and to prevent a potential third term for President Harry Truman. The Amendment was controversial, with several attempts made to modify or repeal it since its ratification.
| Characteristics | Values |
|---|---|
| Amendment number | 22nd Amendment |
| Date proposed | 1947 |
| Date ratified | 27 February 1951 |
| Number of terms allowed | Two |
| Applicability | Elected officials |
| Reasoning | Prevent an "elective monarchy" |
| Exceptions | Incumbent presidents at the time of proposal |
| Ratification requirements | Three-fourths of state legislatures |
| Ratifying states | 36 states |
| Non-ratifying states | Massachusetts and Oklahoma |
| Applicable persons | Franklin D. Roosevelt |
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What You'll Learn
The precedent set by George Washington
The precedent of limiting the number of terms for the presidency was set by George Washington, the first President of the United States. In 1796, several months before the election, Washington decided not to seek a third term, setting an unofficial precedent for future presidents to serve no longer than two terms. This decision was seen as a safeguard against the type of tyrannical power held by the British crown during the Colonial era.
For 150 years, this tradition was upheld without issue. However, the tumultuous 20th century brought about new circumstances that raised questions about term limits. Franklin D. Roosevelt, the 32nd President of the United States, was elected to an unprecedented four terms from 1932 to 1944. Roosevelt's unprecedented four terms in office, particularly during the challenging times of the Great Depression and World War II, sparked a debate about the need for term limits.
In 1947, two years after Roosevelt's death, the House of Representatives proposed Joint Resolution 27, officially establishing a two-term limit for presidents. This proposal was approved and sent to the states for ratification, becoming the Twenty-second Amendment to the Constitution in 1951. The Twenty-second Amendment prohibits anyone who has been elected president twice from being elected to office again and sets additional eligibility conditions for presidents who succeed to the unexpired terms of their predecessors.
Since the ratification of the Twenty-second Amendment, there have been attempts by presidents and Congress members to modify or repeal it. However, the amendment remains in place, reflecting the desire to balance consistent leadership in response to crises with the prevention of excessive power concentration.
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The prevention of an 'elective monarchy'
The Twenty-Second Amendment to the United States Constitution, also known as Amendment XXII, was ratified in 1951 to limit the number of terms served by the President. The amendment outlines that no person shall be elected to the office of the President of the United States for more than two terms. This amendment was a direct response to Franklin D. Roosevelt serving as President of the United States for four terms from 1932 to 1944. Roosevelt's unprecedented four terms as president raised concerns about the potential for an "elective monarchy" in the United States.
The idea of an "elective monarchy" was first raised during the initial debates surrounding the Constitution's ratification. Alexander Hamilton and James Madison envisioned a president who would be nominated by Congress and serve for life. This proposal was met with opposition, with Virginia's George Mason denouncing it as an "elective monarchy." The concept of term limits was discussed at the Constitutional Convention of 1787, but it was not included in the final Constitution.
The Twenty-Second Amendment was introduced by Earl C. Michener and approved by the House of Representatives in 1947, two years after Roosevelt's death. The amendment was then submitted to the states for ratification and was officially adopted in 1951 after almost four years of deliberation. Since the ratification of the Twenty-Second Amendment, all subsequent presidents have adhered to the two-term limit.
The Twenty-Second Amendment not only limits the number of terms a president can serve but also sets additional eligibility conditions for presidents who succeed to the unexpired terms of their predecessors. Specifically, it states that a person 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 additional term. This provision aims to prevent a president from serving more than a total of two terms, regardless of whether they completed a full term or assumed the presidency midway through.
The prevention of an "elective monarchy" through the Twenty-Second Amendment has been a significant aspect of American political history. The amendment addressed concerns about the concentration of power in a single individual, ensuring that the presidency remains a democratic institution accountable to the people through regular elections.
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The 22nd Amendment
The concept of term limits for the President was a topic of debate during the drafting of the Constitution. Alexander Hamilton and James Madison supported the idea of a president serving a lifetime term, while others disagreed. The former view was denounced by Virginia's George Mason, who likened it to an "elective monarchy". The 22nd Amendment was eventually ratified to address concerns about presidents serving unlimited terms.
The catalyst for the 22nd Amendment was Franklin D. Roosevelt's unprecedented election to four terms as president, with his fourth term commencing in 1944. In 1947, two years after Roosevelt's death, the House of Representatives proposed a two-term limit for future presidents, which was ratified in 1951. The amendment includes a grandfather clause, exempting any sitting president at the time of its proposal and ratification.
Since its ratification, there have been several attempts by presidents and members of Congress to modify or repeal the 22nd Amendment. Critics argue that it prevents consistent leadership during crises, and some presidents have expressed their dislike of the amendment. However, the 22nd Amendment has been upheld, and no president since Roosevelt has served more than two terms.
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The eligibility of a former two-term President to serve as Speaker of the House
The Twenty-Second Amendment of the U.S. Constitution states that "no person shall be elected to the office of the President more than twice". This amendment was passed in 1947 after Franklin D. Roosevelt was elected to an unprecedented four terms in office between 1932 and 1944. Roosevelt justified his additional terms by citing the need for stable leadership during World War II.
The Twenty-Second Amendment does not address the eligibility of a former two-term President to serve in other roles, such as Vice President or Speaker of the House. Some scholars argue that a "termed-out" President cannot become Vice President or Speaker of the House, as they are ineligible to be elected President. However, others point out that there are other ways to "become" President without being elected, such as through the Succession Act, which allows the Speaker of the House to become acting President until the disabilities or incapacities of the President and Vice President are resolved.
The House has never picked a non-member as Speaker, but it is not prohibited from doing so by the Constitution. The eligibility of a former two-term President to serve as Speaker of the House is a matter of debate and interpretation of the Twenty-Second Amendment. While it may be more unlikely than unconstitutional, as Dean Acheson noted, the amendment's plain language does not explicitly prohibit a former two-term President from serving as Speaker of the House.
In conclusion, while the Twenty-Second Amendment clearly limits the number of terms a President can serve, the eligibility of a former two-term President to serve as Speaker of the House is a matter of interpretation and debate. The House has the authority to choose its own Speaker, and a former two-term President could potentially be selected for this role, although this has not occurred in U.S. history.
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The applicability of the amendment to former presidents
The Twenty-Second Amendment to the United States Constitution, also known as the two-term limit on the presidency, was ratified in 1951. It states that "no person shall be elected to the office of the President more than twice". The amendment further specifies 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 not be elected to the office of the President more than once.
However, others contend that the amendment's language only bars a "termed-out" President from being elected to office, and does not restrict other means of assuming the presidency. For example, a former two-term President could potentially be elected as Vice President and then succeed to the presidency if the incumbent dies, resigns, or is removed from office. This interpretation highlights that the Twenty-Second Amendment only addresses the election of the President and does not restrict other constitutional means of assuming the office.
Additionally, the applicability of the Twenty-Second Amendment has been questioned in relation to the Twelfth Amendment. The Twelfth Amendment, ratified in 1804, states that "no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President". There is ambiguity in interpreting whether a two-term limit on the presidency would also disqualify an individual from serving as Vice President. Some argue that the original intent of the Twelfth Amendment was to establish qualifications for service, such as age, residence, and citizenship, rather than qualifications for election.
The interpretation of the Twenty-Second Amendment's applicability to former presidents has important implications for the potential succession to the presidency. While there have been efforts to repeal or alter the amendment, it currently stands as a limitation on the number of terms an individual can serve as President, with some ambiguity regarding the eligibility of former presidents to assume office through means other than election.
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Frequently asked questions
The Twenty-second Amendment to the US Constitution was a reaction to Franklin D. Roosevelt's election to an unprecedented four terms as president. The amendment was ratified in 1951 and limits the number of times a person can be elected to the office of President of the United States to two terms.
The Twenty-second Amendment (Amendment XXII) to the US Constitution limits the number of times a person can be elected to the office of President of the United States to two terms. It also sets additional eligibility conditions for presidents who succeed to the unexpired terms of their predecessors.
The Twenty-second Amendment was approved by Congress on March 21, 1947, and submitted to the state legislatures for ratification. The ratification process was completed on February 27, 1951, when the requisite 36 of the 48 states had ratified the amendment.
The concept of term limits was discussed at the Constitutional Convention but not enacted in the Constitution. George Washington set an unofficial precedent in 1796 when he decided not to seek a third term. This was seen as a safeguard against the type of tyrannical power yielded by the British crown during the Colonial era.
