Can Barack Obama Run for President Again

1951 amendment limiting presidents to ii terms

The Xx-2d Amendment (Subpoena XXII) to the United States Constitution limits the number of times a person is eligible for election to the part of President of the United States to two, and sets boosted eligibility conditions for presidents who succeed to the unexpired terms of their predecessors.^[one]

Until the amendment'due south ratification, the president had not been subject to term limits, but George Washington had established a 2-term tradition that many other presidents followed. In the 1940 and 1944 presidential elections, withal, Democrat Franklin D. Roosevelt became the first president to win third and 4th terms, giving rise to concerns about a president serving an unlimited number of terms. Following Roosevelt'south 1945 death, Republicans and conservative Democrats were swept into Congress in the 1946 elections and were in position to suggest an amendment restricting the number of presidential terms.^[two] Congress approved the 20-2nd Amendment on March 21, 1947, and submitted information technology to the state legislatures for ratification. That process was completed on Feb 27, 1951, when the requisite 36 of the 48 states had ratified the amendment (neither Alaska nor Hawaii had yet been admitted every bit states), and its provisions came into force on that date.

The subpoena prohibits anyone who has been elected president twice from existence elected again. Nether the amendment, someone who fills an unexpired presidential term lasting more two years is also prohibited from being elected president more once. Scholars debate whether the amendment prohibits afflicted individuals from succeeding to the presidency under whatsoever circumstances or whether it applies but 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 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 the President more than than once. Only this Commodity shall non use to any person holding the role of President when this Article was proposed by the Congress, and shall non foreclose any person who may be holding the role of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or interim as President during the remainder of such term.

Section two. This Commodity shall be inoperative unless it shall have been ratified every bit an amendment to the Constitution past the legislatures of iii-fourths of the several states within seven years from the appointment of its submission to the states by the Congress.^[3]

Groundwork [edit]

The Twenty-second Amendment was a reaction to Franklin D. Roosevelt's ballot to an unprecedented 4 terms as president, but presidential term limits had long been debated in American politics. Delegates to the Constitutional Convention of 1787 considered the outcome extensively (aslope broader questions, such as who would elect the president, and the president'south office). Many, including Alexander Hamilton and James Madison, supported lifetime tenure for presidents, while others favored stock-still terms. Virginia's George Mason denounced the life-tenure proposal as tantamount to elective monarchy.^[4] An early draft of the U.Southward. Constitution provided that the president was restricted to one seven-twelvemonth term.^[5] 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. As his 2nd term entered its final year in 1796, Washington was wearied from years of public service, and his health had begun to turn down. He was also bothered by his political opponents' unrelenting attacks, which had escalated after the signing of the Jay Treaty, and believed he had accomplished his major goals as president. For these reasons, he decided not to run for a third term, a conclusion he announced to the nation in his September 1796 Bye Accost.^[six] Eleven years subsequently, as Thomas Jefferson neared the halfway bespeak of his second term, he wrote,

If some termination to the services of the principal magistrate be not stock-still by the Constitution, or supplied past exercise, his office, nominally for years, will in fact, go for life; and history shows how hands that degenerates into an inheritance.^[7]

Since Washington made his celebrated announcement, numerous academics and public figures have looked at his decision to retire later on two terms, and have, co-ordinate to political scientist Bruce Peabody, "argued he had established a two-term tradition that served as a vital check against any ane person, or the presidency every bit a whole, accumulating besides much ability".^[viii] Various amendments aimed at changing breezy precedent to constitutional law were proposed in Congress in the early to mid-19th century, but none passed.^{[4] [9]} Three of the next iv presidents after Jefferson—James Madison, James Monroe, and Andrew Jackson—served two terms, and each adhered to the two-term principle;^[1] Martin Van Buren was the only president betwixt Jackson and Abraham Lincoln to be nominated for a second term, though he lost the 1840 election and then served but one term.^[ix] At the showtime 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, only express the president to a single 6-year term.

In spite of the strong two-term tradition, a few presidents earlier Roosevelt attempted to secure a third term. Post-obit Ulysses S. Grant'due south reelection in 1872, there were serious discussions inside Republican political circles virtually the possibility of his running again in 1876. But 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 afterwards ii terms. Yet, equally the 1880 election approached, he sought nomination for a (non-consecutive) tertiary term at the 1880 Republican National Convention, simply narrowly lost to James Garfield, who won the 1880 election.^[9]

Theodore Roosevelt succeeded to the presidency on September 14, 1901, following William McKinley's bump-off (194 days into his second term), and was handily elected to a full term in 1904. He declined to seek a tertiary (second total) term in 1908, only did run once again in the election of 1912, losing to Woodrow Wilson. Wilson himself, despite his sick health following a serious stroke, aspired to a tertiary term. Many of his advisers tried to convince him that his wellness precluded another campaign, but Wilson nonetheless asked that his name be placed in nomination for the presidency at the 1920 Democratic National Convention.^[10] Democratic Political party leaders were unwilling to support Wilson, and the nomination went to James Yard. Cox, who lost to Warren G. Harding. Wilson again contemplated running for a (nonconsecutive) third term in 1924, devising a strategy for his comeback, but over again lacked any back up; he died in February of that yr.^[11]

Franklin Roosevelt spent the months leading up to the 1940 Democratic National Convention refusing to say whether he would seek a tertiary term. His Vice President, John Nance Garner, forth with Postmaster General James Farley, appear their candidacies for the Autonomous nomination. When the convention came, Roosevelt sent a message to the convention proverb he would run only if drafted, saying 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 first ballot.^{[nine] [12]} Roosevelt won a decisive victory over Republican Wendell Willkie, becoming the kickoff (and to date only) president to exceed eight years in office. His decision to seek a third term dominated the election entrada.^[xiii] Willkie ran against the open up-concluded presidential tenure, while Democrats cited the war in Europe every bit a reason for breaking with precedent.^[9]

Four years later, Roosevelt faced Republican Thomas E. Dewey in the 1944 election. Near the end of the campaign, Dewey announced his support of a constitutional amendment to limit presidents to two terms. According to Dewey, "iv terms, or xvi years (a direct reference to the president's tenure in part four years hence), is the most dangerous threat to our liberty ever proposed."^[14] He also discreetly raised the effect of the president'south historic period. Roosevelt exuded enough energy and charisma to retain voters' confidence and was elected to a quaternary term.^[15]

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

Proposal and ratification [edit]

Proposal in Congress [edit]

The House of Representatives took quick activity, approving a proposed ramble amendment (House Articulation Resolution 27) setting a limit of two 4-yr terms for future presidents. Introduced by 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 House proposal by requiring that the amendment be submitted to state ratifying conventions for ratification, rather than to the state legislatures, and past prohibiting any 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 nib, merely a new provision was, however, added. Put forward by Robert A. Taft, it clarified procedures governing the number of times a vice president who succeeded to the presidency might be elected to part. The amended proposal was passed 59–23, with sixteen Democrats in favor, on March 12.^{[1] [18]}

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 time to come presidents was submitted to the states for ratification. The ratification procedure was completed on February 27, 1951, 3 years, 343 days after information technology was sent to the states.^{[19] [xx]}

Ratification by the states [edit]

A map of how u.s.a. voted on the Twenty-2d Amendment

Once submitted to u.s., the 22nd Subpoena was ratified by:^[3]

1. Maine: March 31, 1947
2. Michigan: March 31, 1947
3. Iowa: April ane, 1947
4. Kansas: April ane, 1947
5. New Hampshire: April 1, 1947
6. Delaware: Apr 2, 1947
7. Illinois: Apr 3, 1947
8. Oregon: April three, 1947
9. Colorado: April 12, 1947
10. California: Apr xv, 1947
11. New Jersey: April 15, 1947
12. Vermont: April 15, 1947
13. Ohio: Apr 16, 1947
14. Wisconsin: Apr 16, 1947
15. Pennsylvania: April 29, 1947
16. Connecticut: May 21, 1947
17. Missouri: May 22, 1947
18. Nebraska: May 23, 1947
19. Virginia: January 28, 1948
20. Mississippi: February 12, 1948
21. New York: March 9, 1948
22. S 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 30, 1951
28. New Mexico: February 12, 1951
29. Wyoming: February 12, 1951
30. Arkansas: Feb 15, 1951
31. Georgia: February 17, 1951
32. Tennessee: February 20, 1951
33. Texas: February 22, 1951
34. Utah: February 26, 1951
35. Nevada: February 26, 1951
36. Minnesota: February 27, 1951
    Ratification was completed when the Minnesota Legislature ratified the amendment. On March 1, 1951, the Administrator of General Services, Jess Larson, issued a document proclaiming the 22nd Amendment duly ratified and part of the Constitution. The amendment was subsequently ratified by:^[3]
37. N Carolina: February 28, 1951
38. Due south Carolina: March 13, 1951
39. Maryland: March 14, 1951
40. Florida: April sixteen, 1951
41. Alabama: May iv, 1951

Conversely, two states—Oklahoma and Massachusetts—rejected the amendment, while 5 (Arizona, Kentucky, Rhode Island, Washington, and West Virginia) took no action.^[18]

Outcome [edit]

Because of the grandpa clause in Section 1, the subpoena did non apply to Harry South. Truman, as he was the incumbent president at the time it came into strength. Truman, who had served virtually all of Franklin Roosevelt'southward unexpired 4th term and who was elected to a full term in 1948, was thus eligible for reelection in 1952.^[13] Just with his job approval rating at around 27%,^{[21] [22]} and later on a poor performance in the 1952 New Hampshire primary, Truman chose not to seek his political party'southward nomination. Since condign operative in 1951, the amendment has been applicative to six presidents who take been elected twice: Dwight D. Eisenhower, Richard Nixon, Ronald Reagan, Pecker Clinton, George W. Bush-league, and Barack Obama.

Interaction with the Twelfth Amendment [edit]

As worded, the focus of the 22nd Amendment is on limiting individuals from beingness elected to the presidency more twice. Questions have been raised about the amendment's meaning and application, especially in relation to the twelfth Subpoena, ratified in 1804, which states, "no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the Us."^[23] While the 12th Amendment stipulates that the constitutional qualifications of age, citizenship, and residency apply to the president and vice president, information technology 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 then succeed to the presidency as a upshot of the incumbent'due south death, resignation, or removal from function, or succeed to the presidency from another stated role in the presidential line of succession.^{[9] [24]}

Some debate that the 22nd Amendment and 12th Subpoena bar any two-term president from afterward serving as vice president also as from succeeding to the presidency from any point in the presidential line of succession.^[25] Others argue that the original intent of the 12th Amendment concerns qualification for service (age, residence, and citizenship), while the 22nd Subpoena, concerns qualifications for ballot, and thus a one-time two-term president is even so eligible to serve as vice president. Neither amendment restricts the number of times someone can be elected to the vice presidency and and 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 Pecker Clinton as her running mate,^[28] the constitutional question remains unresolved.^[1]

Attempts at repeal [edit]

Over the years, several presidents have voiced their antipathy toward the subpoena. Later leaving part, Harry Truman described the subpoena equally stupid and one of the worst amendments of the Constitution with the exception of the Prohibition Amendment.^[29] A few days before leaving office in January 1989, President Ronald Reagan said he would push for a repeal of the 22nd Amendment considering he thought it infringed on people'southward democratic rights.^[30] In a November 2000 interview with Rolling Stone, President Bill Clinton suggested that the 22nd Amendment should be altered to limit presidents to two sequent terms but and so allow non-consecutive terms, considering 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 Subpoena. 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 Amendment were undertaken in 1956, five years afterwards the subpoena's ratification. Over the adjacent l years, 54 joint resolutions seeking to repeal the two-term presidential election limit were introduced.^[i] Betwixt 1997 and 2013, José East. Serrano, Democratic representative for New York, introduced 9 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 also [edit]

• Term limits in the United States
• List of political term limits

References [edit]

1. ^ ^{a b c d eastward} Neale, Thomas H. (October nineteen, 2009). "Presidential Terms and Tenure: Perspectives and Proposals for Modify" (PDF). Washington, D.C.: Congressional Enquiry 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 Middle". National Constitution Center – constitutioncenter.org . Retrieved September 30, 2021.
3. ^ ^{a b c} "Constitution of the The states of America: Assay and Estimation" (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 Subpoena". The Interactive Constitution. Philadelphia, Pennsylvania: The National Constitution Center. Archived from the original on Jan 14, 2021. Retrieved March xix, 2018.
5. ^ Kickoff draft UsCONST., art. X, department 1.
6. ^ Ferling, John (2009). The Ascent of George Washington: The Subconscious Political Genius of an American Icon. New York: Bloomsbury Press. pp. 347–348. ISBN978-1-59691-465-0.
7. ^ Jefferson, Thomas (December 10, 1807). "Alphabetic character to the Legislature of Vermont". Ashland, Ohio: TeachingAmericanHistory.org. Archived from the original on January 14, 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 Jan x, 2017.
9. ^ ^{a b c d e f} Peabody, Bruce Yard.; Gant, Scott Eastward. (Feb 1999). "The Twice and Future President: Constitutional Interstices and the Xx-Second Amendment". Minnesota Law Review. Minneapolis: Academy of Minnesota Police School. 83 (three): 565–635. Archived from the original on Jan 15, 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 K. (1998). In Search of Woodrow Wilson: Behavior 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. ISBN0-8262-1133-10 . Retrieved March twenty, 2018.
13. ^ ^{a b} "FDR'south third-term decision and the 22nd amendment". Constitution Daily. Philadelphia, Pennsylvania: The National Constitution Center. Archived from the original on January 14, 2021. Retrieved June 29, 2014.
14. ^ Jordan, David One thousand. (2011). FDR, Dewey, and the Election of 1944. Bloomington, Indiana: Indiana University Press. p. 290. ISBN978-0-253-35683-iii.
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 Jan fourteen, 2021. Retrieved March 20, 2018.
16. ^ Leuchtenburg, William Eastward. "Franklin D. Roosevelt: Expiry of the President". Charlottesville, Virginia: Miller Center of Public Diplomacy, University of Virginia. Archived from the original on January 14, 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: Ii-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 9, 2020.
21. ^ Weldon, Kathleen (August 11, 2015). "The Public and the 22nd Amendment: 3rd Terms and Lame Ducks". Huffington Post. Archived from the original on January fourteen, 2021. Retrieved March 27, 2018.
22. ^ Peters, Gerhard; Woolley, John T. "Presidential Job Approving: F. Roosevelt (1941)—Trump". Information adapted from the Gallup Poll and compiled by Gerhard Peters. Santa Barbara, California: The American Presidency Projection. 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 Athenaeum. Archived from the original on January 14, 2021. Retrieved March eleven, 2018.
24. ^ Set, Joel A. "The 22nd Subpoena Doesn't Say What Y'all Remember Information technology Says". Blandon, Pennsylvania: Cornerstone Police force Firm. Archived from the original on January 14, 2021. Retrieved Nov six, 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 ane, 2005.
27. ^ Gant, Scott E.; Peabody, Bruce G. (June 13, 2006). "How to bring dorsum 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 15, 2015). "Hillary Clinton: Nib equally VP has 'crossed her mind'". CNN. Archived from the original on January xiv, 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 Association for American Studies with the support of Carleton University. 29 (three): 133–148. doi:10.3138/CRAS-029-03-06. S2CID 159908265.
30. ^ Reagan, Ronald (January 18, 1989). "President Reagan Says He Volition Fight to Repeal 22nd Subpoena". NBC Nightly News (Interview). Interviewed by 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 than than ii terms as president". Business 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 up in 2024". Newsweek. Archived from the original on January 14, 2021. Retrieved September 14, 2019.
34. ^ "H.J.Res. 15 (113th): Proposing an amendment to the Constitution of the United States to repeal the 20-2d article of amendment, thereby removing the limitation on the number of terms an individual 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 October 19, 2018.
36. ^ potus_geeks (February 27, 2012). "The 22nd Amendment". Archived from the original on Jan xiv, 2021. Retrieved October 19, 2018.

External links [edit]

• The Annenberg Guide to the United States Constitution: 20-2nd 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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