Can Obama Change The 222nd Admendment So That He Can Run For President In 2020?

1951 amendment limiting presidents to two terms

The Xx-second Amendment (Amendment XXII) to the Usa Constitution limits the number of times a person is eligible for election to the office of President of the U.s.a. to two, and sets boosted eligibility conditions for presidents who succeed to the unexpired terms of their predecessors.^[1] Congress canonical the Xx-2nd Amendment on March 21, 1947, and submitted it 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 even so been admitted equally states), and its provisions came into strength 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 than two years is as well prohibited from being elected president more than once. Scholars debate whether the amendment prohibits affected individuals from succeeding to the presidency under whatever circumstances or whether it applies only to presidential elections. Until the amendment'due south ratification, the president had non been subject to term limits, but both George Washington and Thomas Jefferson (the get-go and tertiary presidents) decided non to serve a third term, establishing a two-term tradition that subsequent presidents followed. In the 1940 and 1944 presidential elections, Franklin D. Roosevelt became the first president to win third and fourth terms, giving ascension to concerns nigh a president serving unlimited terms.^[2]

Text [edit]

Department ane. No person shall be elected to the function of the President more than twice, and no person who has held the office of President, or acted equally President, for more than two years of a term to which another person was elected President shall be elected to the function of the President more than once. But this Article shall not utilise to any person property the part of President when this Article was proposed by the Congress, and shall not prevent any person who may be property the part of President, or acting every bit President, during the term within which this Article becomes operative from holding the office of President or interim equally President during the residue of such term.

Section 2. This Article shall be inoperative unless it shall have been ratified as an amendment to the Constitution past the legislatures of iii-fourths of the several states within seven years from the date of its submission to u.s. past the Congress.^[3]

Groundwork [edit]

The 20-second Subpoena was a reaction to Franklin D. Roosevelt's ballot to an unprecedented iv terms every bit president, simply 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's 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 i seven-twelvemonth term.^[5] Ultimately, the Framers canonical four-year terms with no restriction on how many times a person could be elected president.

Though dismissed past the Constitutional Convention, term limits for U.S. presidents were contemplated during the presidencies of George Washington and Thomas Jefferson. As his second term entered its terminal year in 1796, Washington was wearied from years of public service, and his wellness had begun to decline. 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 equally president. For these reasons, he decided not to run for a third term, a decision he announced to the nation in his September 1796 Farewell Accost.^[6] 11 years later, as Thomas Jefferson neared the halfway betoken of his second term, he wrote,

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

Since Washington fabricated his historic announcement, numerous academics and public figures have looked at his decision to retire afterward two terms, and have, according to political scientist Bruce Peabody, "argued he had established a two-term tradition that served every bit a vital check against any one person, or the presidency as a whole, accumulating also much power".^[eight] Various amendments aimed at irresolute informal precedent to constitutional law were proposed in Congress in the early to mid-19th century, but none passed.^{[4] [9]} Three of the side by side four 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 between Jackson and Abraham Lincoln to be nominated for a second term, though he lost the 1840 ballot and so served only one term.^[nine] At the outset of the Civil War the seceding States drafted the Constitution of the Amalgamated States of America, which in most respects resembled the U.s. Constitution, but express the president to a single six-year term.

In spite of the stiff two-term tradition, a few presidents before Roosevelt attempted to secure a 3rd term. Post-obit Ulysses Southward. Grant'southward reelection in 1872, there were serious discussions within Republican political circles about the possibility of his running once again in 1876. Merely involvement in a 3rd term for Grant evaporated in the light of negative public stance and opposition from members of Congress, and Grant left the presidency in 1877 after two terms. However, equally the 1880 ballot 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 ballot.^[9]

Theodore Roosevelt succeeded to the presidency on September xiv, 1901, post-obit William McKinley's assassination (194 days into his 2nd 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 over again in the election of 1912, losing to Woodrow Wilson. Wilson himself, despite his ill health following a serious stroke, aspired to a 3rd term. Many of his directorate tried to convince him that his wellness precluded some other entrada, but Wilson yet asked that his name be placed in nomination for the presidency at the 1920 Democratic National Convention.^[10] Democratic Party leaders were unwilling to support Wilson, and the nomination went to James Chiliad. Cox, who lost to Warren Thousand. Harding. Wilson again contemplated running for a (nonconsecutive) third term in 1924, devising a strategy for his improvement, but again lacked whatever support; he died in Feb of that year.^[11]

Franklin Roosevelt spent the months leading up to the 1940 Democratic 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 Autonomous nomination. When the convention came, Roosevelt sent a message to the convention saying he would run only if drafted, maxim delegates were free to vote for whomever they pleased. This bulletin was interpreted to mean he was willing to exist drafted, and he was renominated on the convention's first ballot.^{[9] [12]} Roosevelt won a decisive victory over Republican Wendell Willkie, condign the beginning (and to appointment just) president to exceed viii years in office. His determination to seek a tertiary term dominated the election entrada.^[13] Willkie ran against the open up-ended presidential tenure, while Democrats cited the war in Europe every bit a reason for breaking with precedent.^[ix]

Four years later, Roosevelt faced Republican Thomas E. Dewey in the 1944 election. Near the terminate of the campaign, Dewey announced his support of a ramble amendment to limit presidents to 2 terms. According to Dewey, "four terms, or xvi years (a direct reference to the president's tenure in office four years hence), is the virtually dangerous threat to our liberty always proposed."^[14] He also discreetly raised the outcome of the president'southward historic period. Roosevelt exuded enough energy and charisma to retain voters' confidence and was elected to a fourth term.^[15]

While he quelled rumors of poor wellness during the campaign, Roosevelt'southward wellness was deteriorating. On April 12, 1945, only 82 days afterward 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, Republicans took control of the House and the Senate. Equally many of them had campaigned on the upshot of presidential tenure, declaring their back up for a ramble 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 January 1947.^[viii]

Proposal and ratification [edit]

Proposal in Congress [edit]

The Firm of Representatives took quick action, approving a proposed constitutional subpoena (House Joint Resolution 27) setting a limit of two four-year terms for time to come 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 Firm proposal by requiring that the amendment be submitted to state ratifying conventions for ratification, rather than to the land legislatures, and by prohibiting whatever person who had served more 365 days in each of two terms from farther presidential service. Both these provisions were removed when the full Senate took up the pecker, merely a new provision was, however, added. Put forward by Robert A. Taft, information technology clarified 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.^{[1] [xviii]}

On March 21, the Business firm agreed to the Senate's revisions and canonical the resolution to improve the Constitution. Afterwards, the subpoena imposing term limitations on future presidents was submitted to the states for ratification. The ratification process was completed on February 27, 1951, iii years, 343 days subsequently it was sent to united states.^{[nineteen] [20]}

Ratification past u.s.a. [edit]

A map of how the states voted on the Twenty-2nd Amendment

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

1. Maine: March 31, 1947
2. Michigan: March 31, 1947
3. Iowa: April 1, 1947
4. Kansas: April ane, 1947
5. New Hampshire: Apr 1, 1947
6. Delaware: April ii, 1947
7. Illinois: April 3, 1947
8. Oregon: Apr 3, 1947
9. Colorado: Apr 12, 1947
10. California: April xv, 1947
11. New Jersey: April 15, 1947
12. Vermont: Apr 15, 1947
13. Ohio: Apr 16, 1947
14. Wisconsin: April 16, 1947
15. Pennsylvania: Apr 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 nine, 1948
22. South Dakota: January 21, 1949
23. Northward 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: February 15, 1951
31. Georgia: February 17, 1951
32. Tennessee: February twenty, 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 1, 1951, the Ambassador of Full general Services, Jess Larson, issued a document proclaiming the 22nd Amendment duly ratified and function of the Constitution. The amendment was afterward ratified past:^[3]
37. North Carolina: February 28, 1951
38. South Carolina: March 13, 1951
39. Maryland: March 14, 1951
40. Florida: Apr 16, 1951
41. Alabama: May 4, 1951

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

Effect [edit]

Because of the grandfather clause in Section i, the amendment did not apply to Harry Southward. Truman, the incumbent president at the time it was submitted to the states by the Congress. Without this full exemption, Truman would non accept been eligible to run again in 1952. He had served virtually all of Franklin Roosevelt'southward unexpired 1945–1949 term and had been elected to a total four-twelvemonth term showtime in 1949.^[13] But with his task approval 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 becoming operative in 1951, the amendment has been applicable to vi presidents who have been elected twice: Dwight D. Eisenhower, Richard Nixon, Ronald Reagan, Bill Clinton, George Due west. Bush, and Barack Obama.

Interaction with the Twelfth Amendment [edit]

Every bit 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 significant and application, 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 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 ambivalence, a two-term erstwhile president could possibly exist elected vice president and then succeed to the presidency equally a outcome of the incumbent'southward expiry, resignation, or removal from part, or succeed to the presidency from another stated function in the presidential line of succession.^{[9] [24]}

Some argue that the 22nd Amendment and twelfth Subpoena bar whatever two-term president from later serving equally vice president likewise every bit from succeeding to the presidency from any betoken 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 nevertheless eligible to serve as vice president. Neither amendment restricts the number of times someone can be elected to the vice presidency and and so succeed to the presidency to serve out the balance of the term, although the person could be prohibited from running for election to an additional term.^{[26] [27]}

The applied applicability of this stardom has not been tested, every bit no twice-elected president has e'er been nominated for the vice presidency. While Hillary Clinton once suggested she considered onetime President Bill 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 amendment. Subsequently leaving function, Harry Truman described the subpoena as stupid and i of the worst amendments of the Constitution with the exception of the Prohibition Subpoena.^[29] A few days earlier leaving function in Jan 1989, President Ronald Reagan said he would push button for a repeal of the 22nd Subpoena because he thought it infringed on people'due south autonomous rights.^[xxx] In a November 2000 interview with Rolling Rock, President Bill Clinton suggested that the 22nd Amendment should be altered to limit presidents to 2 consecutive terms merely and 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 upshot for the Wounded Warrior Project, he suggested he would remain president for x to 14 years.^{[32] [33]}

The first efforts in Congress to repeal the 22nd Amendment were undertaken in 1956, five years subsequently the amendment's ratification. Over the adjacent 50 years, 54 articulation resolutions seeking to repeal the ii-term presidential election limit were introduced.^[1] Between 1997 and 2013, José E. Serrano, Democratic representative for New York, introduced nine resolutions (ane per Congress, all unsuccessful) to repeal the amendment.^[34] Repeal has also been supported past Representatives Barney Frank and David Dreier and Senators Mitch McConnell^[35] and Harry Reid.^[36]

Meet also [edit]

• Term limits in the U.s.a.
• List of political term limits

References [edit]

1. ^ ^{a b c d e} Neale, Thomas H. (Oct 19, 2009). "Presidential Terms and Tenure: Perspectives and Proposals for Alter" (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". Philadelphia, Pennsylvania: National Constitution Eye. November 5, 2020. Retrieved Apr 29, 2022.
3. ^ ^{a b c} "Constitution of the Us of America: Analysis and Interpretation" (PDF). Washington, D.C.: Library of Congress. August 26, 2017. pp. 39–40. Retrieved March 22, 2018.
4. ^ ^{a b} Buckley, F. H.; Metzger, Gillian. "Twenty-2nd Subpoena". The Interactive Constitution. Philadelphia, Pennsylvania: The National Constitution Center. Archived from the original on January 14, 2021. Retrieved March xix, 2018.
5. ^ First draft U.S.CONST., fine art. X, section 1.
6. ^ Ferling, John (2009). The Ascent of George Washington: The Hidden Political Genius of an American Icon. New York: Bloomsbury Printing. pp. 347–348. ISBN978-1-59691-465-0.
7. ^ Jefferson, Thomas (Dec ten, 1807). "Letter to the Legislature of Vermont". Ashland, Ohio: TeachingAmericanHistory.org. Archived from the original on January 14, 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 Jan 10, 2017.
9. ^ ^{a b c d eastward f} Peabody, Bruce G.; Gant, Scott Due east. (February 1999). "The Twice and Future President: Constitutional Interstices and the Xx-Second Amendment". Minnesota Law Review. Minneapolis: Academy of Minnesota Law Schoolhouse. 83 (3): 565–635. Archived from the original on January 15, 2013. Retrieved June 12, 2015.
10. ^ Pietrusza, David (2007). The Year of the 6 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 Bullpen 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: Academy of Missouri Press. pp. 52–53. ISBN0-8262-1133-Ten . Retrieved March 20, 2018.
13. ^ ^{a b} "FDR's 3rd-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 Ballot of 1944. Bloomington, Indiana: Indiana University Printing. p. 290. ISBN978-0-253-35683-iii.
15. ^ Leuchtenburg, William Eastward. "Franklin D. Roosevelt: Campaigns and Elections". Charlottesville, Virginia: Miller Center of Public Diplomacy, University of Virginia. Archived from the original on January 14, 2021. Retrieved March 20, 2018.
16. ^ Leuchtenburg, William E. "Franklin D. Roosevelt: Death of the President". Charlottesville, Virginia: Miller Centre 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. 3. 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 Jan 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 xx, 2020. Retrieved June 7, 2020.
20. ^ Mount, Steve. "Ratification of Ramble Amendments". usconstitution.net. Archived from the original on April 23, 2018. Retrieved June ix, 2020.
21. ^ Weldon, Kathleen (August 11, 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 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 14, 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 January 14, 2021. Retrieved March 11, 2018.
24. ^ Prepare, Joel A. "The 22nd Amendment Doesn't Say What Yous Think It Says". Blandon, Pennsylvania: Cornerstone Law Firm. Archived from the original on January 14, 2021. Retrieved November vi, 2017.
25. ^ Franck, Matthew J. (July 31, 2007). "Constitutional Sleight of Paw". National Review. Archived from the original on June 13, 2008. Retrieved June 12, 2008.
26. ^ Dorf, Michael C. (August ii, 2000). "Why the Constitution permits a Gore-Clinton ticket". CNN. Archived from the original on October 1, 2005.
27. ^ Gant, Scott Due east.; Peabody, Bruce Grand. (June 13, 2006). "How to bring back Neb: A Clinton-Clinton 2008 ticket is constitutionally possible". The Christian Science Monitor. Archived from the original on January xiv, 2021. Retrieved June 12, 2008.
28. ^ LoBianco, Tom (September fifteen, 2015). "Hillary Clinton: Neb as VP has 'crossed her mind'". CNN. Archived from the original on January 14, 2021. Retrieved October 29, 2015.
29. ^ Lemelin, Bernard Lemelin (Winter 1999). "Opposition to the 22nd Amendment: The National Commission 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 University. 29 (3): 133–148. doi:10.3138/CRAS-029-03-06. S2CID 159908265.
30. ^ Reagan, Ronald (Jan 18, 1989). "President Reagan Says He Will Fight to Repeal 22nd Amendment". NBC Nightly News (Interview). Interviewed past Tom Brokaw. New York: NBC. Retrieved June fourteen, 2015.
31. ^ "Clinton: I Would've Won Third 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 2 terms as president". Concern Insider. Archived from the original on January xiv, 2021. Retrieved September 14, 2019.
33. ^ Croucher, Shane (September 11, 2019). "Donald Trump Posts Paradigm 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 amendment to the Constitution of the United states to repeal the 20-second 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 Borough Impulse, LLC. 2013. Archived from the original on Jan 14, 2021. Retrieved March 23, 2018.
35. ^ "Bill to Repeal the 22nd Amendment". Snopes.com . Retrieved October xix, 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: Twenty-second Subpoena
• CRS Annotated Constitution: Xx-second Amendment

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

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