Can a Former President Run for Office Again

1951 subpoena limiting presidents to two terms

The Twenty-second Amendment (Amendment XXII) to the Us Constitution limits the number of times a person is eligible for election to the office of President of the United States to two, and sets additional eligibility conditions for presidents who succeed to the unexpired terms of their predecessors.^[1]

Until the amendment's ratification, the president had not been subject to term limits, only George Washington had established a two-term tradition that many other presidents followed. In the 1940 and 1944 presidential elections, nevertheless, Democrat Franklin D. Roosevelt became the offset president to win third and quaternary terms, giving rise to concerns about a president serving an unlimited number of terms. Following Roosevelt's 1945 expiry, Republicans and conservative Democrats were swept into Congress in the 1946 elections and were in position to suggest an subpoena restricting the number of presidential terms.^[2] Congress approved the Twenty-second Amendment on March 21, 1947, and submitted it to the land legislatures for ratification. That procedure was completed on Feb 27, 1951, when the requisite 36 of the 48 states had ratified the amendment (neither Alaska nor Hawaii had notwithstanding been admitted as states), and its provisions came into forcefulness on that engagement.

The amendment prohibits anyone who has been elected president twice from beingness elected once more. Under the amendment, someone who fills an unexpired presidential term lasting more than 2 years is also prohibited from being elected president more than one time. Scholars debate whether the subpoena prohibits afflicted individuals from succeeding to the presidency under any circumstances or whether it applies but to presidential elections.

Text [edit]

Section 1. No person shall be elected to the role 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 another person was elected President shall be elected to the office of the President more once. But this Article shall not apply to any person holding the office of President when this Article was proposed past the Congress, and shall non prevent whatsoever person who may exist holding the office of President, or acting equally President, during the term within which this Article becomes operative from belongings the office of President or acting equally President during the balance of such term.

Section 2. This Article shall exist inoperative unless it shall have been ratified equally an subpoena to the Constitution past the legislatures of 3-fourths of the several states within seven years from the engagement of its submission to u.s.a. by the Congress.^[three]

Background [edit]

The Twenty-second Amendment was a reaction to Franklin D. Roosevelt'southward election to an unprecedented four terms equally president, but presidential term limits had long been debated in American politics. Delegates to the Constitutional Convention of 1787 considered the consequence extensively (alongside broader questions, such equally who would elect the president, and the president'due south role). Many, including Alexander Hamilton and James Madison, supported lifetime tenure for presidents, while others favored fixed terms. Virginia'due south George Bricklayer denounced the life-tenure proposal every bit tantamount to constituent monarchy.^[4] An early typhoon of the U.Southward. Constitution provided that the president was restricted to one seven-year term.^[5] Ultimately, the Framers approved four-yr terms with no restriction on how many times a person could exist elected president.

Though dismissed past the Ramble Convention, term limits for U.S. presidents were contemplated during the presidencies of George Washington and Thomas Jefferson. As his second term entered its final year in 1796, Washington was exhausted from years of public service, and his health had begun to decline. He was also bothered by his political opponents' unrelenting attacks, which had escalated later on the signing of the Jay Treaty, and believed he had achieved his major goals as president. For these reasons, he decided non to run for a third term, a conclusion he appear to the nation in his September 1796 Bye Address.^[6] 11 years later, as Thomas Jefferson neared the halfway signal of his second term, he wrote,

If some termination to the services of the chief magistrate exist not fixed past the Constitution, or supplied by practise, his role, nominally for years, will in fact, go for life; and history shows how easily that degenerates into an inheritance.^[seven]

Since Washington made his historic declaration, numerous academics and public figures have looked at his decision to retire after ii terms, and take, co-ordinate to political scientist Bruce Peabody, "argued he had established a two-term tradition that served as a vital cheque confronting whatsoever 1 person, or the presidency as a whole, accumulating besides much ability".^[8] Various amendments aimed at changing informal precedent to ramble police were proposed in Congress in the early to mid-19th century, just none passed.^{[four] [ix]} Three of the next 4 presidents after Jefferson—James Madison, James Monroe, and Andrew Jackson—served two terms, and each adhered to the 2-term principle;^[ane] Martin Van Buren was the merely president between Jackson and Abraham Lincoln to be nominated for a second term, though he lost the 1840 election and so served only ane term.^[9] At the outset of the Civil State of war the seceding States drafted the Constitution of the Amalgamated States of America, which in about respects resembled the The states Constitution, just limited the president to a single six-twelvemonth term.

In spite of the strong two-term tradition, a few presidents earlier Roosevelt attempted to secure a 3rd term. Following Ulysses South. Grant'southward reelection in 1872, there were serious discussions within Republican political circles nearly the possibility of his running once again in 1876. Only interest in a third term for Grant evaporated in the light of negative public opinion and opposition from members of Congress, and Grant left the presidency in 1877 later on 2 terms. Fifty-fifty so, every bit the 1880 election approached, he sought nomination for a (non-consecutive) 3rd term at the 1880 Republican National Convention, just narrowly lost to James Garfield, who won the 1880 election.^[ix]

Theodore Roosevelt succeeded to the presidency on September 14, 1901, following William McKinley'south assassination (194 days into his second term), and was handily elected to a full term in 1904. He declined to seek a third (second total) term in 1908, but did run again in the ballot of 1912, losing to Woodrow Wilson. Wilson himself, despite his ill health post-obit a serious stroke, aspired to a third term. Many of his advisers tried to convince him that his wellness precluded another entrada, but Wilson nonetheless asked that his name exist placed in nomination for the presidency at the 1920 Democratic National Convention.^[10] Autonomous Party leaders were unwilling to support Wilson, and the nomination went to James Grand. Cox, who lost to Warren G. Harding. Wilson again contemplated running for a (nonconsecutive) 3rd term in 1924, devising a strategy for his improvement, but once again lacked any support; he died in Feb of that year.^[11]

Franklin Roosevelt spent the months leading up to the 1940 Autonomous National Convention refusing to say whether he would seek a third term. His Vice President, John Nance Garner, along with Postmaster General James Farley, announced their candidacies for the Democratic nomination. When the convention came, Roosevelt sent a bulletin to the convention saying he would run only if drafted, maxim delegates were free to vote for whomever they pleased. This message was interpreted to mean he was willing to be drafted, and he was renominated on the convention's beginning ballot.^{[9] [12]} Roosevelt won a decisive victory over Republican Wendell Willkie, becoming the first (and to date only) president to exceed 8 years in office. His decision to seek a third term dominated the election campaign.^[13] Willkie ran against the open up-ended presidential tenure, while Democrats cited the war in Europe equally a reason for breaking with precedent.^[ix]

Four years later, Roosevelt faced Republican Thomas E. Dewey in the 1944 election. Most the end of the campaign, Dewey appear his support of a constitutional amendment to limit presidents to two terms. According to Dewey, "four terms, or sixteen years (a direct reference to the president's tenure in office iv years hence), is the most unsafe threat to our freedom ever proposed."^[xiv] He as well discreetly raised the issue of the president's age. Roosevelt exuded enough energy and charisma to retain voters' confidence and was elected to a fourth term.^[15]

While he quelled rumors of poor health during the campaign, Roosevelt'due south wellness was deteriorating. On Apr 12, 1945, just 82 days subsequently his fourth inauguration, he suffered a cerebral hemorrhage and died, to be succeeded by Vice President Harry Truman.^[16] In the midterm elections 18 months later, Republicans took command of the House and the Senate. As many of them had campaigned on the issue of presidential tenure, declaring their support for a constitutional amendment that would limit how long a person could serve as president, the issue was given priority in the 80th Congress when it convened in Jan 1947.^[8]

Proposal and ratification [edit]

Proposal in Congress [edit]

The Firm of Representatives took quick activity, approving a proposed constitutional amendment (House Joint Resolution 27) setting a limit of two 4-year terms for futurity presidents. Introduced past Earl C. Michener, the measure passed 285–121, with support from 47 Democrats, on February 6, 1947.^[17] Meanwhile, the Senate developed its own proposed amendment, which initially differed from the Firm proposal by requiring that the subpoena be submitted to state ratifying conventions for ratification, rather than to the state legislatures, and by prohibiting any person who had served more than than 365 days in each of two terms from further presidential service. Both these provisions were removed when the total Senate took up the bill, simply a new provision was, however, added. Put forwards by Robert A. Taft, it clarified procedures governing the number of times a vice president who succeeded to the presidency might be elected to office. The amended proposal was passed 59–23, with 16 Democrats in favor, on March 12.^{[ane] [18]}

On March 21, the House agreed to the Senate'due south revisions and canonical the resolution to meliorate the Constitution. Afterward, the amendment imposing term limitations on hereafter presidents was submitted to the states for ratification. The ratification process was completed on February 27, 1951, iii years, 343 days afterward information technology was sent to u.s.a..^{[19] [20]}

Ratification past united states [edit]

A map of how u.s.a. voted on the Twenty-second Amendment

One time submitted to u.s.a., the 22nd Amendment was ratified by:^[three]

1. Maine: March 31, 1947
2. Michigan: March 31, 1947
3. Iowa: April 1, 1947
4. Kansas: April 1, 1947
5. New Hampshire: April 1, 1947
6. Delaware: Apr two, 1947
7. Illinois: April 3, 1947
8. Oregon: April 3, 1947
9. Colorado: Apr 12, 1947
10. California: Apr xv, 1947
11. New Bailiwick of jersey: April 15, 1947
12. Vermont: April 15, 1947
13. Ohio: Apr 16, 1947
14. Wisconsin: April 16, 1947
15. Pennsylvania: April 29, 1947
16. Connecticut: May 21, 1947
17. Missouri: May 22, 1947
18. Nebraska: May 23, 1947
19. Virginia: Jan 28, 1948
20. Mississippi: February 12, 1948
21. New York: March 9, 1948
22. South Dakota: January 21, 1949
23. North Dakota: February 25, 1949
24. Louisiana: May 17, 1950
25. Montana: Jan 25, 1951
26. Indiana: January 29, 1951
27. Idaho: Jan thirty, 1951
28. New Mexico: February 12, 1951
29. Wyoming: February 12, 1951
30. Arkansas: February 15, 1951
31. Georgia: February 17, 1951
32. Tennessee: February twenty, 1951
33. Texas: February 22, 1951
34. Utah: February 26, 1951
35. Nevada: February 26, 1951
36. Minnesota: Feb 27, 1951
    Ratification was completed when the Minnesota Legislature ratified the amendment. On March i, 1951, the Administrator of General Services, Jess Larson, issued a document proclaiming the 22nd Subpoena duly ratified and role of the Constitution. The amendment was afterward ratified past:^[three]
37. Northward Carolina: February 28, 1951
38. South Carolina: March 13, 1951
39. Maryland: March 14, 1951
40. Florida: April xvi, 1951
41. Alabama: May four, 1951

Conversely, two states—Oklahoma and Massachusetts—rejected the amendment, while five (Arizona, Kentucky, Rhode Island, Washington, and West Virginia) took no action.^[xviii]

Effect [edit]

Considering of the grandfather clause in Department 1, the amendment did not apply to Harry South. Truman, as he was the incumbent president at the time it came into forcefulness. Truman, who had served nearly all of Franklin Roosevelt's unexpired fourth term and who was elected to a full term in 1948, was thus eligible for reelection in 1952.^[xiii] Simply with his task approval rating at around 27%,^{[21] [22]} and afterward a poor functioning in the 1952 New Hampshire principal, Truman chose not to seek his party's nomination. Since condign operative in 1951, the amendment has been applicable to six presidents who have been elected twice: Dwight D. Eisenhower, Richard Nixon, Ronald Reagan, Bill Clinton, George West. Bush-league, and Barack Obama.

Interaction with the Twelfth Amendment [edit]

As worded, the focus of the 22nd Amendment is on limiting individuals from being elected to the presidency more twice. Questions have been raised about the amendment's meaning and awarding, particularly in relation to the twelfth Amendment, ratified in 1804, which states, "no person constitutionally ineligible to the function of President shall be eligible to that of Vice-President of the United States."^[23] While the 12th Amendment stipulates that the constitutional qualifications of age, citizenship, and residency apply to the president and vice president, it is unclear whether someone who is ineligible to be elected president due to term limits could be elected vice president. Because of the ambiguity, a two-term former president could possibly be elected vice president and and then succeed to the presidency as a effect of the incumbent's expiry, resignation, or removal from office, or succeed to the presidency from another stated office in the presidential line of succession.^{[9] [24]}

Some argue that the 22nd Amendment and 12th Amendment bar any 2-term president from later serving every bit vice president as well as from succeeding to the presidency from whatever point in the presidential line of succession.^[25] Others contend that the original intent of the 12th Amendment concerns qualification for service (age, residence, and citizenship), while the 22nd Amendment, concerns qualifications for election, and thus a former two-term president is still eligible to serve as vice president. Neither amendment restricts the number of times someone tin can be elected to the vice presidency and then succeed to the presidency to serve out the balance of the term, although the person could exist prohibited from running for election to an additional term.^{[26] [27]}

The practical applicability of this stardom has not been tested, as no twice-elected president has always been nominated for the vice presidency. While Hillary Clinton one time suggested she considered onetime President Nib Clinton as her running mate,^[28] the constitutional question remains unresolved.^[1]

Attempts at repeal [edit]

Over the years, several presidents accept voiced their contempt toward the amendment. Subsequently leaving office, Harry Truman described the amendment as stupid and one of the worst amendments of the Constitution with the exception of the Prohibition Subpoena.^[29] A few days earlier leaving part in January 1989, President Ronald Reagan said he would push button for a repeal of the 22nd Amendment because he idea it infringed on people'due south democratic rights.^[30] In a November 2000 interview with Rolling Stone, President Bill Clinton suggested that the 22nd Amendment should be contradistinct to limit presidents to 2 consecutive terms but then allow non-consecutive terms, because of longer life expectancies.^[31] Donald Trump questioned presidential term limits on multiple occasions while in office, and in public remarks talked about serving beyond the limits of the 22nd Amendment. During an April 2019 White House event for the Wounded Warrior Projection, he suggested he would remain president for 10 to 14 years.^{[32] [33]}

The starting time efforts in Congress to repeal the 22nd Subpoena were undertaken in 1956, 5 years after the amendment's ratification. Over the next l years, 54 articulation resolutions seeking to repeal the two-term presidential election limit were introduced.^[1] Betwixt 1997 and 2013, José E. Serrano, Democratic representative for New York, introduced nine resolutions (1 per Congress, all unsuccessful) to repeal the amendment.^[34] Repeal has also been supported by Representatives Barney Frank and David Dreier and Senators Mitch McConnell^[35] and Harry Reid.^[36]

See also [edit]

• Term limits in the The states
• List of political term limits

References [edit]

1. ^ ^{a b c d e} Neale, Thomas H. (October 19, 2009). "Presidential Terms and Tenure: Perspectives and Proposals for Change" (PDF). Washington, D.C.: Congressional Research Service, The Library of Congress. Archived (PDF) from the original on April 12, 2019. Retrieved March 22, 2018.
2. ^ "FDR's third-term ballot and the 22nd amendment - National Constitution Center". National Constitution Center – constitutioncenter.org . Retrieved September xxx, 2021.
3. ^ ^{a b c} "Constitution of the Us of America: Analysis and Interpretation" (PDF). Washington, D.C.: Library of Congress. August 26, 2017. pp. 39–forty. Retrieved March 22, 2018.
4. ^ ^{a b} Buckley, F. H.; Metzger, Gillian. "Twenty-second Amendment". The Interactive Constitution. Philadelphia, Pennsylvania: The National Constitution Eye. Archived from the original on January 14, 2021. Retrieved March 19, 2018.
5. ^ Get-go draft United statesCONST., art. X, department 1.
6. ^ Ferling, John (2009). The Rise of George Washington: The Hidden Political Genius of an American Icon. New York: Bloomsbury Press. pp. 347–348. ISBN978-1-59691-465-0.
7. ^ Jefferson, Thomas (December 10, 1807). "Letter of the alphabet to the Legislature of Vermont". Ashland, Ohio: TeachingAmericanHistory.org. Archived from the original on January xiv, 2021. Retrieved March 19, 2018.
8. ^ ^{a b} Peabody, Bruce. "Presidential Term Limit". The Heritage Foundation. Archived from the original on July 24, 2017. Retrieved January 10, 2017.
9. ^ ^{a b c d e f} Peabody, Bruce K.; Gant, Scott East. (Feb 1999). "The Twice and Futurity President: Ramble Interstices and the Twenty-Second Subpoena". Minnesota Law Review. Minneapolis: University of Minnesota Law Schoolhouse. 83 (iii): 565–635. Archived from the original on January fifteen, 2013. Retrieved June 12, 2015.
10. ^ Pietrusza, David (2007). The Year of the Six Presidents. New York: Carroll and Graf. pp. 187–200. ISBN978-0-78671-622-7.
11. ^ Saunders, Robert M. (1998). In Search of Woodrow Wilson: Beliefs and Behavior. Westport, Connecticut: Greenwood Press. pp. 260–262. ISBN9780313305207.
12. ^ Rosen, Elliot A. (1997). "'Non Worth a Pitcher of Warm Piss': John Nance Garner as Vice President". In Walch, Timothy (ed.). At the President's Side: The Vice Presidency in the Twentieth Century. Columbia, Missouri: University of Missouri Printing. pp. 52–53. ISBN0-8262-1133-X . Retrieved March xx, 2018.
13. ^ ^{a b} "FDR's third-term conclusion and the 22nd subpoena". Constitution Daily. Philadelphia, Pennsylvania: The National Constitution Centre. Archived from the original on January xiv, 2021. Retrieved June 29, 2014.
14. ^ Hashemite kingdom of jordan, David M. (2011). FDR, Dewey, and the Election of 1944. Bloomington, Indiana: Indiana University Press. p. 290. ISBN978-0-253-35683-three.
15. ^ Leuchtenburg, William East. "Franklin D. Roosevelt: Campaigns and Elections". Charlottesville, Virginia: Miller Center of Public Affairs, University of Virginia. Archived from the original on Jan 14, 2021. Retrieved March 20, 2018.
16. ^ Leuchtenburg, William East. "Franklin D. Roosevelt: Decease of the President". Charlottesville, Virginia: Miller Middle of Public Affairs, University of Virginia. Archived from the original on January xiv, 2021. Retrieved March 20, 2018.
17. ^ Congressional Quarterly. (1947). Limitations of Presidential Tenure. Congressional Quarterly Vol. III. 92-93, 96.
18. ^ ^{a b} Rowley, Sean (July 26, 2014). "Presidential terms limited by 22nd Subpoena". Tahlequah Daily Press. Archived from the original on January 14, 2021. Retrieved March 22, 2018.
19. ^ "22nd Amendment: Two-Term Limit on Presidency". constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Center. Archived from the original on Feb 20, 2020. Retrieved June 7, 2020.
20. ^ Mount, Steve. "Ratification of Constitutional Amendments". usconstitution.cyberspace. Archived from the original on April 23, 2018. Retrieved June nine, 2020.
21. ^ Weldon, Kathleen (August eleven, 2015). "The Public and the 22nd Amendment: Third Terms and Lame Ducks". Huffington Post. Archived from the original on January 14, 2021. Retrieved March 27, 2018.
22. ^ Peters, Gerhard; Woolley, John T. "Presidential Chore Approving: F. Roosevelt (1941)—Trump". Information adapted from the Gallup Poll and compiled by Gerhard Peters. Santa Barbara, California: The American Presidency Project. Archived from the original on January fourteen, 2021. Retrieved March 27, 2018.
23. ^ "The Constitution: Amendments 11-27". America'due south Founding Documents. Washington, D.C.: National Archives. Archived from the original on January 14, 2021. Retrieved March eleven, 2018.
24. ^ Gear up, Joel A. "The 22nd Amendment Doesn't Say What You Think It Says". Blandon, Pennsylvania: Cornerstone Police Firm. Archived from the original on January xiv, 2021. Retrieved Nov 6, 2017.
25. ^ Franck, Matthew J. (July 31, 2007). "Constitutional Sleight of Hand". National Review. Archived from the original on June 13, 2008. Retrieved June 12, 2008.
26. ^ Dorf, Michael C. (August 2, 2000). "Why the Constitution permits a Gore-Clinton ticket". CNN. Archived from the original on October one, 2005.
27. ^ Gant, Scott Due east.; Peabody, Bruce G. (June 13, 2006). "How to bring back Bill: A Clinton-Clinton 2008 ticket is constitutionally possible". The Christian Scientific discipline Monitor. Archived from the original on January xiv, 2021. Retrieved June 12, 2008.
28. ^ LoBianco, Tom (September 15, 2015). "Hillary Clinton: Nib every bit VP has 'crossed her mind'". CNN. Archived from the original on Jan xiv, 2021. Retrieved October 29, 2015.
29. ^ Lemelin, Bernard Lemelin (Wintertime 1999). "Opposition to the 22nd Amendment: The National Committee Against Limiting the Presidency and its Activities, 1949-1951". Canadian Review of American Studies. Academy of Toronto Press on behalf of the Canadian Association for American Studies with the support of Carleton Academy. 29 (3): 133–148. doi:x.3138/CRAS-029-03-06. S2CID 159908265.
30. ^ Reagan, Ronald (January 18, 1989). "President Reagan Says He Volition Fight to Repeal 22nd Amendment". NBC Nightly News (Interview). Interviewed past Tom Brokaw. New York: NBC. Retrieved June 14, 2015.
31. ^ "Clinton: I Would've Won Tertiary Term". ABC News. December 7, 2000. Archived from the original on January 14, 2021. Retrieved March 26, 2018.
32. ^ Einbinder, Nicole (June 17, 2019). "Trump suggested his supporters desire him to serve more 2 terms every bit president". Concern Insider. Archived from the original on Jan 14, 2021. Retrieved September 14, 2019.
33. ^ Croucher, Shane (September 11, 2019). "Donald Trump Posts Image on Twitter, Instagram Joking That He'll Stand in 2024". Newsweek. Archived from the original on January fourteen, 2021. Retrieved September 14, 2019.
34. ^ "H.J.Res. xv (113th): Proposing an amendment to the Constitution of the Usa to repeal the twenty-2d article of amendment, thereby removing the limitation on the number of terms an individual may serve as President". Washington, D.C.: GovTrack, a projection of Civic Impulse, LLC. 2013. Archived from the original on Jan xiv, 2021. Retrieved March 23, 2018.
35. ^ "Neb to Repeal the 22nd Amendment". Snopes.com . Retrieved October 19, 2018.
36. ^ potus_geeks (February 27, 2012). "The 22nd Amendment". Archived from the original on January xiv, 2021. Retrieved Oct 19, 2018.

External links [edit]

• The Annenberg Guide to the U.s. Constitution: Twenty-second Amendment
• CRS Annotated Constitution: Twenty-second Subpoena

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Source: https://en.wikipedia.org/wiki/Twenty-second_Amendment_to_the_United_States_Constitution

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