If a President Loses Reelection Can He Run Again

1951 amendment limiting presidents to two terms

The Twenty-2nd Subpoena (Amendment XXII) to the United States Constitution limits the number of times a person is eligible for ballot to the function of President of the Usa to two, and sets additional eligibility weather 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, simply George Washington had established a 2-term tradition that many other presidents followed. But in the 1940 and 1944 presidential elections, Franklin D. Roosevelt became the first president to win third and fourth terms, giving rise to concerns nigh a president serving unlimited terms. After Roosevelt's 1945 death, Republicans and conservative Democrats were swept into Congress in the 1946 elections and were in position to propose an amendment restricting the number of presidential terms.^[two] Congress approved the Xx-2nd Amendment on March 21, 1947, and submitted it to the land legislatures for ratification. That process was completed on February 27, 1951, when the requisite 36 of the 48 states had ratified the subpoena (neither Alaska nor Hawaii had yet been admitted every bit states), and its provisions came into forcefulness on that date.

The amendment prohibits anyone who has been elected president twice from being elected again. Under the amendment, someone who fills an unexpired presidential term lasting more than 2 years is also prohibited from existence elected president more than once. Scholars argue whether the amendment prohibits affected individuals from succeeding to the presidency under any circumstances or whether it applies only to presidential elections.

Text [edit]

Section 1. No person shall be elected to the function of the President more than than twice, and no person who has held the function of President, or acted as President, for more than ii years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this Article shall non apply to whatsoever person holding the office of President when this Article was proposed by the Congress, and shall non prevent any person who may exist holding the office of President, or interim as President, during the term within which this Article becomes operative from holding the function of President or acting as President during the remainder of such term.

Section two. This Article shall be inoperative unless it shall have been ratified equally an amendment to the Constitution past the legislatures of three-fourths of the several states inside 7 years from the engagement of its submission to the states past the Congress.^[3]

Background [edit]

The Twenty-second Subpoena was a reaction to Franklin D. Roosevelt's election to an unprecedented four terms as president, merely presidential term limits had long been debated in American politics. Delegates to the Constitutional Convention of 1787 considered the issue extensively (alongside broader questions, such as who would elect the president, and the president's function). Many, including Alexander Hamilton and James Madison, supported lifetime tenure for presidents, while others favored fixed terms. Virginia's George Mason denounced the life-tenure proposal every bit tantamount to elective monarchy.^[iv] An early on draft of the U.S. Constitution provided that the president was restricted to one seven-yr term.^[five] Ultimately, the Framers approved four-year terms with no restriction on how many times a person could be elected president.

Though dismissed by the Constitutional Convention, term limits for U.S. presidents were contemplated during the presidencies of George Washington and Thomas Jefferson. Every bit his second term entered its terminal year in 1796, Washington was exhausted from years of public service, and his health had begun to reject. He was also bothered by his political opponents' unrelenting attacks, which had escalated subsequently the signing of the Jay Treaty, and believed he had accomplished his major goals as president. For these reasons, he decided non to run for a third term, a decision he announced to the nation in his September 1796 Farewell Address.^[half-dozen] Eleven years later, every bit Thomas Jefferson neared the halfway bespeak of his second term, he wrote,

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

Since Washington fabricated his historic announcement, numerous academics and public figures accept looked at his decision to retire later two terms, and take, according to political scientist Bruce Peabody, "argued he had established a 2-term tradition that served as a vital check against whatever one person, or the presidency as a whole, accumulating also much power".^[8] Various amendments aimed at changing informal precedent to constitutional law were proposed in Congress in the early to mid-19th century, but none passed.^{[four] [9]} Three of the next 4 presidents later on Jefferson—James Madison, James Monroe, and Andrew Jackson—served two terms, and each adhered to the ii-term principle;^[1] Martin Van Buren was the but president between Jackson and Abraham Lincoln to be nominated for a second term, though he lost the 1840 ballot and and then served only one term.^[nine] At the outset of the Ceremonious War the seceding States drafted the Constitution of the Confederate States of America, which in most respects resembled the United States Constitution, but limited the president to a single six-twelvemonth term.

In spite of the potent two-term tradition, a few presidents earlier Roosevelt attempted to secure a third term. Following Ulysses Southward. Grant'southward reelection in 1872, there were serious discussions within Republican political circles about the possibility of his running over again in 1876. But interest in a 3rd term for Grant evaporated in the light of negative public opinion and opposition from members of Congress, and Grant left the presidency in 1877 after two terms. Withal, equally the 1880 election approached, he sought nomination for a (non-consecutive) third term at the 1880 Republican National Convention, but narrowly lost to James Garfield, who won the 1880 election.^[ix]

Theodore Roosevelt succeeded to the presidency on September 14, 1901, following William McKinley'southward assassination (194 days into his 2d term), and was handily elected to a full term in 1904. He declined to seek a 3rd (2d full) term in 1908, but did run over again in the ballot of 1912, losing to Woodrow Wilson. Wilson himself, despite his sick health post-obit a serious stroke, aspired to a 3rd term. Many of his advisers tried to convince him that his health precluded another campaign, but Wilson nonetheless asked that his name be placed in nomination for the presidency at the 1920 Democratic National Convention.^[ten] Democratic Political party leaders were unwilling to back up Wilson, and the nomination went to James G. Cox, who lost to Warren G. Harding. Wilson once again contemplated running for a (nonconsecutive) third term in 1924, devising a strategy for his comeback, but again lacked any support; he died in February of that year.^[11]

Franklin Roosevelt spent the months leading upwards to the 1940 Democratic National Convention refusing to say whether he would seek a 3rd term. His Vice President, John Nance Garner, along with Postmaster General James Farley, announced their candidacies for the Autonomous nomination. When the convention came, Roosevelt sent a message to the convention saying he would run only if drafted, maxim delegates were gratis 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'southward first ballot.^{[9] [12]} Roosevelt won a decisive victory over Republican Wendell Willkie, becoming the showtime (and to engagement only) president to exceed eight years in office. His conclusion 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 as a reason for breaking with precedent.^[9]

Four years later on, Roosevelt faced Republican Thomas E. Dewey in the 1944 ballot. About the stop of the campaign, Dewey announced his support of a constitutional amendment to limit presidents to two terms. Co-ordinate to Dewey, "four terms, or 16 years (a direct reference to the president's tenure in role four years hence), is the nigh dangerous threat to our freedom ever proposed."^[14] He also discreetly raised the issue of the president'south historic period. Roosevelt exuded enough free energy and charisma to retain voters' confidence and was elected to a fourth term.^[fifteen]

While he quelled rumors of poor health during the campaign, Roosevelt'due south wellness was deteriorating. On Apr 12, 1945, only 82 days afterwards his quaternary inauguration, he suffered a cerebral hemorrhage and died, to be succeeded past Vice President Harry Truman.^[16] In the midterm elections xviii months later, Republicans took control of the Business firm and the Senate. Equally many of them had campaigned on the issue of presidential tenure, declaring their back up for a constitutional subpoena 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 (Firm Joint Resolution 27) setting a limit of two four-year terms for future presidents. Introduced by Earl C. Michener, the measure passed 285–121, with support from 47 Democrats, on February half dozen, 1947.^[17] Meanwhile, the Senate developed its own proposed amendment, which initially differed from the House proposal by requiring that the amendment exist submitted to state ratifying conventions for ratification, rather than to the land legislatures, and by prohibiting whatsoever person who had served more than 365 days in each of ii terms from further presidential service. Both these provisions were removed when the full Senate took up the bill, simply a new provision was, however, added. Put forward by Robert A. Taft, it antiseptic procedures governing the number of times a vice president who succeeded to the presidency might exist elected to office. The amended proposal was passed 59–23, with 16 Democrats in favor, on March 12.^{[one] [eighteen]}

On March 21, the House agreed to the Senate's revisions and approved the resolution to amend the Constitution. Afterward, the amendment imposing term limitations on future presidents was submitted to the states for ratification. The ratification process was completed on February 27, 1951, 3 years, 343 days subsequently it was sent to the states.^{[19] [20]}

Ratification past the states [edit]

A map of how the states voted on the Twenty-2d Subpoena

Once submitted to the states, the 22nd Amendment was ratified by:^[iii]

1. Maine: March 31, 1947
2. Michigan: March 31, 1947
3. Iowa: April 1, 1947
4. Kansas: Apr 1, 1947
5. New Hampshire: Apr 1, 1947
6. Delaware: April two, 1947
7. Illinois: April 3, 1947
8. Oregon: April 3, 1947
9. Colorado: Apr 12, 1947
10. California: April xv, 1947
11. New Jersey: April 15, 1947
12. Vermont: April xv, 1947
13. Ohio: April xvi, 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: January 25, 1951
26. Indiana: January 29, 1951
27. Idaho: January xxx, 1951
28. New Mexico: February 12, 1951
29. Wyoming: February 12, 1951
30. Arkansas: February fifteen, 1951
31. Georgia: Feb 17, 1951
32. Tennessee: February 20, 1951
33. Texas: February 22, 1951
34. Utah: Feb 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 Ambassador of Full general Services, Jess Larson, issued a certificate proclaiming the 22nd Amendment duly ratified and role of the Constitution. The subpoena was subsequently ratified by:^[3]
37. North Carolina: February 28, 1951
38. S Carolina: March 13, 1951
39. Maryland: March 14, 1951
40. Florida: April 16, 1951
41. Alabama: May 4, 1951

Conversely, ii states—Oklahoma and Massachusetts—rejected the amendment, while five (Arizona, Kentucky, Rhode Island, Washington, and West Virginia) took no action.^[18]

Effect [edit]

Considering of the gramps clause in Section 1, the amendment did non utilise to Harry Southward. Truman, equally he was the incumbent president at the time it came into force. Truman, who had served most all of Franklin Roosevelt's unexpired fourth term and who was elected to a total term in 1948, was thus eligible for reelection in 1952.^[13] But with his job blessing rating at around 27%,^{[21] [22]} and after a poor performance in the 1952 New Hampshire primary, Truman chose non 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 W. Bush, and Barack Obama.

Interaction with the Twelfth Amendment [edit]

As worded, the focus of the 22nd Amendment is on limiting individuals from existence elected to the presidency more than twice. Questions have been raised most the amendment's meaning and awarding, especially in relation to the 12th Amendment, ratified in 1804, which states, "no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States."^[23] While the 12th Subpoena 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 old president could perhaps exist elected vice president and then succeed to the presidency as a result of the incumbent's death, resignation, or removal from role, or succeed to the presidency from another stated office in the presidential line of succession.^{[nine] [24]}

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

The practical applicability of this distinction has not been tested, as no twice-elected president has ever been nominated for the vice presidency. While Hillary Clinton once suggested she considered former President Bill Clinton equally her running mate,^[28] the ramble question remains unresolved.^[1]

Attempts at repeal [edit]

Over the years, several presidents have voiced their contempt toward the amendment. After leaving office, Harry Truman described the amendment as stupid and one of the worst amendments of the Constitution with the exception of the Prohibition Amendment.^[29] A few days earlier leaving role in January 1989, President Ronald Reagan said he would push for a repeal of the 22nd Amendment because he idea it infringed on people'south democratic rights.^[30] In a November 2000 interview with Rolling Stone, President Bill Clinton suggested that the 22nd Subpoena should be altered to limit presidents to ii consecutive terms simply then let not-consecutive terms, because of longer life expectancies.^[31] Donald Trump questioned presidential term limits on multiple occasions while in role, and in public remarks talked about serving across the limits of the 22nd Amendment. During an April 2022 White Firm event for the Wounded Warrior Project, he suggested he would remain president for ten to 14 years.^{[32] [33]}

The first efforts in Congress to repeal the 22nd Amendment were undertaken in 1956, five years later on the subpoena's ratification. Over the next 50 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 ix resolutions (one 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 as well [edit]

• Term limits in the Us
• List of political term limits

References [edit]

1. ^ ^{a b c d e} Neale, Thomas H. (October xix, 2009). "Presidential Terms and Tenure: Perspectives and Proposals for Change" (PDF). Washington, D.C.: Congressional Inquiry 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 30, 2021.
3. ^ ^{a b c} "Constitution of the Usa of America: Analysis and Interpretation" (PDF). Washington, D.C.: Library of Congress. Baronial 26, 2017. pp. 39–twoscore. 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 nineteen, 2018.
5. ^ First draft U.Southward.CONST., fine art. X, department 1.
6. ^ Ferling, John (2009). The Ascension 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 ten, 1807). "Letter to the Legislature of Vermont". Ashland, Ohio: TeachingAmericanHistory.org. Archived from the original on Jan fourteen, 2021. Retrieved March xix, 2018.
8. ^ ^{a b} Peabody, Bruce. "Presidential Term Limit". The Heritage Foundation. Archived from the original on July 24, 2017. Retrieved January ten, 2017.
9. ^ ^{a b c d east f} Peabody, Bruce Yard.; Gant, Scott E. (Feb 1999). "The Twice and Future President: Constitutional Interstices and the Twenty-2nd Subpoena". Minnesota Law Review. Minneapolis: University of Minnesota Constabulary Schoolhouse. 83 (3): 565–635. Archived from the original on January xv, 2013. Retrieved June 12, 2015.
10. ^ Pietrusza, David (2007). The Year of the Vi 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 Beliefs. Westport, Connecticut: Greenwood Press. pp. 260–262. ISBN9780313305207.
12. ^ Rosen, Elliot A. (1997). "'Not Worth a Pitcher of Warm Piss': John Nance Garner every bit Vice President". In Walch, Timothy (ed.). At the President'due south Side: The Vice Presidency in the Twentieth Century. Columbia, Missouri: Academy of Missouri Press. pp. 52–53. ISBN0-8262-1133-Ten . Retrieved March twenty, 2018.
13. ^ ^{a b} "FDR's 3rd-term decision and the 22nd subpoena". Constitution Daily. Philadelphia, Pennsylvania: The National Constitution Centre. Archived from the original on January 14, 2021. Retrieved June 29, 2014.
14. ^ Jordan, David M. (2011). FDR, Dewey, and the Election of 1944. Bloomington, Indiana: Indiana University Press. p. 290. ISBN978-0-253-35683-3.
15. ^ Leuchtenburg, William E. "Franklin D. Roosevelt: Campaigns and Elections". Charlottesville, Virginia: Miller Center of Public Affairs, University of Virginia. Archived from the original on January xiv, 2021. Retrieved March 20, 2018.
16. ^ Leuchtenburg, William E. "Franklin D. Roosevelt: Death of the President". Charlottesville, Virginia: Miller Centre of Public Affairs, University of Virginia. Archived from the original on January xiv, 2021. Retrieved March xx, 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 Amendment". Tahlequah Daily Press. Archived from the original on January 14, 2021. Retrieved March 22, 2018.
19. ^ "22nd Subpoena: Two-Term Limit on Presidency". constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Center. Archived from the original on February 20, 2020. Retrieved June 7, 2020.
20. ^ Mount, Steve. "Ratification of Constitutional Amendments". usconstitution.net. Archived from the original on Apr 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 Jan 14, 2021. Retrieved March 27, 2018.
22. ^ Peters, Gerhard; Woolley, John T. "Presidential Task Approval: F. Roosevelt (1941)—Trump". Data 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's Founding Documents. Washington, D.C.: National Archives. Archived from the original on Jan 14, 2021. Retrieved March 11, 2018.
24. ^ Fix, Joel A. "The 22nd Amendment Doesn't Say What You Think Information technology Says". Blandon, Pennsylvania: Cornerstone Law Firm. Archived from the original on January 14, 2021. Retrieved November six, 2017.
25. ^ Franck, Matthew J. (July 31, 2007). "Constitutional Sleight of Hand". National Review. Archived from the original on June thirteen, 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 1, 2005.
27. ^ Gant, Scott E.; Peabody, Bruce Yard. (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 14, 2021. Retrieved June 12, 2008.
28. ^ LoBianco, Tom (September fifteen, 2015). "Hillary Clinton: Bill as VP has 'crossed her mind'". CNN. Archived from the original on January 14, 2021. Retrieved Oct 29, 2015.
29. ^ Lemelin, Bernard Lemelin (Winter 1999). "Opposition to the 22nd Amendment: The National Committee Against Limiting the Presidency and its Activities, 1949-1951". Canadian Review of American Studies. University of Toronto Press on behalf of the Canadian Clan for American Studies with the support of Carleton University. 29 (iii): 133–148. doi:10.3138/CRAS-029-03-06. S2CID 159908265.
30. ^ Reagan, Ronald (January 18, 1989). "President Reagan Says He Will Fight to Repeal 22nd Amendment". NBC Nightly News (Interview). Interviewed by Tom Brokaw. New York: NBC. Retrieved June fourteen, 2015.
31. ^ "Clinton: I Would've Won 3rd 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 want him to serve more than ii terms equally president". Business organization Insider. Archived from the original on January 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 14, 2021. Retrieved September fourteen, 2019.
34. ^ "H.J.Res. 15 (113th): Proposing an subpoena to the Constitution of the Us to repeal the 20-second article of amendment, thereby removing the limitation on the number of terms an private may serve as President". Washington, D.C.: GovTrack, a project of Civic Impulse, LLC. 2013. Archived from the original on January 14, 2021. Retrieved March 23, 2018.
35. ^ "Bill to Repeal the 22nd Amendment". Snopes.com . Retrieved Oct xix, 2018.
36. ^ potus_geeks (February 27, 2012). "The 22nd Subpoena". Archived from the original on Jan fourteen, 2021. Retrieved October nineteen, 2018.

External links [edit]

• The Annenberg Guide to the United States Constitution: Twenty-second Subpoena
• CRS Annotated Constitution: Xx-2d Amendment

holmanpaind1990.blogspot.com

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

Share this post