How Many Terms Can a President Serve if They've Been Impeached

1951 amendment limiting presidents to two terms

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

Until the amendment'southward ratification, the president had not been subject to term limits, but George Washington had established a two-term tradition that many other presidents followed. In the 1940 presidential election and the 1944 presidential election, Franklin D. Roosevelt became the first president to win third and fourth terms, giving rise to concerns about a president serving an unlimited number of terms. After Roosevelt's 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.^[2] Congress canonical the 20-second Amendment on March 21, 1947, and submitted it to the land legislatures for ratification. That procedure was completed on February 27, 1951, when the requisite 36 of the 48 states had ratified the amendment (neither Alaska nor Hawaii had nonetheless been admitted as states), and its provisions came into forcefulness on that date.

The amendment prohibits anyone who has been elected president twice from existence elected once more. Under the subpoena, someone who fills an unexpired presidential term lasting more than two 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 exist elected to the office 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 some other person was elected President shall be elected to the part of the President more than in one case. But this Article shall not apply to any person property the office of President when this Article was proposed past the Congress, and shall not prevent any person who may exist holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.

Department ii. This Article shall be inoperative unless it shall have been ratified as an amendment to the Constitution past the legislatures of 3-fourths of the several states within 7 years from the date of its submission to the states past the Congress.^[3]

Background [edit]

The Twenty-second Amendment was a reaction to Franklin D. Roosevelt's election to an unprecedented 4 terms as president, but presidential term limits had long been debated in American politics. Delegates to the Ramble Convention of 1787 considered the issue extensively (alongside broader questions, such every bit who would elect the president, and the president's role). 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 as tantamount to elective monarchy.^[4] An early draft of the U.S. Constitution provided that the president was restricted to one 7-year term.^[5] Ultimately, the Framers approved four-year terms with no brake 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 second term entered its final yr in 1796, Washington was wearied 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 subsequently the signing of the Jay Treaty, and believed he had achieved his major goals as 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 Address.^[6] Eleven years after, as Thomas Jefferson neared the halfway indicate of his 2nd term, he wrote,

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

Since Washington made his historic declaration, numerous academics and public figures take looked at his decision to retire after ii 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 i 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 on to mid-19th century, but none passed.^{[iv] [nine]} Three of the next four presidents after Jefferson—James Madison, James Monroe, and Andrew Jackson—served two terms, and each adhered to the ii-term principle;^[one] 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 then served only one term.^[9] At the outset of the Civil 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-year term.

In spite of the strong two-term tradition, a few presidents before Roosevelt attempted to secure a 3rd term. Following Ulysses S. Grant's reelection in 1872, there were serious discussions inside Republican political circles nigh the possibility of his running again in 1876. But involvement in a third 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. Fifty-fifty and so, as the 1880 ballot approached, he sought nomination for a (non-consecutive) third term at the 1880 Republican National Convention, only narrowly lost to James Garfield, who won the 1880 election.^[9]

Theodore Roosevelt succeeded to the presidency on September 14, 1901, post-obit William McKinley's assassination (194 days into his second term), and was handily elected to a total term in 1904. He declined to seek a third (second full) term in 1908, but did run again in the ballot of 1912, losing to Woodrow Wilson. Wilson himself, despite his ill wellness 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 Autonomous National Convention.^[10] Autonomous Party leaders were unwilling to support Wilson, and the nomination went to James M. 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, only over again lacked any back up; he died in February of that year.^[xi]

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, appear their candidacies for the Democratic nomination. When the convention came, Roosevelt sent a message to the convention maxim he would run but 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'south first ballot.^{[ix] [12]} Roosevelt won a decisive victory over Republican Wendell Willkie, condign the first (and to date only) president to exceed eight years in office. His decision to seek a 3rd term dominated the election campaign.^[13] Willkie ran confronting the open-ended presidential tenure, while Democrats cited the state of war in Europe as a reason for breaking with precedent.^[nine]

4 years after, Roosevelt faced Republican Thomas E. Dewey in the 1944 election. Near the end of the campaign, Dewey announced his back up of a ramble amendment to limit presidents to two terms. According to Dewey, "four terms, or sixteen years (a directly reference to the president's tenure in office iv years hence), is the nearly unsafe threat to our freedom e'er proposed."^[14] He too discreetly raised the issue of the president's historic period. Roosevelt exuded enough energy and charisma to retain voters' confidence and was elected to a fourth term.^[xv]

While he quelled rumors of poor health during the campaign, Roosevelt's health was deteriorating. On April 12, 1945, simply 82 days later his fourth inauguration, he suffered a cognitive hemorrhage and died, to be succeeded by Vice President Harry Truman.^[16] In the midterm elections 18 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 ramble subpoena that would limit how long a person could serve as president, the result was given priority in the 80th Congress when it convened in Jan 1947.^[eight]

Proposal and ratification [edit]

Proposal in Congress [edit]

The House of Representatives took quick action, blessing a proposed constitutional subpoena (House Joint Resolution 27) setting a limit of two iv-year terms for hereafter 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 past requiring that the amendment be submitted to state ratifying conventions for ratification, rather than to the state legislatures, and by prohibiting whatever person who had served more than 365 days in each of two terms from further presidential service. Both these provisions were removed when the full Senate took upwards the bill, but a new provision was, however, added. Put forward past Robert A. Taft, it antiseptic procedures governing the number of times a vice president who succeeded to the presidency might be elected to function. The amended proposal was passed 59–23, with 16 Democrats in favor, on March 12.^{[1] [18]}

On March 21, the House agreed to the Senate's revisions and approved the resolution to better the Constitution. After, the amendment imposing term limitations on future presidents was submitted to us for ratification. The ratification procedure was completed on Feb 27, 1951, three years, 343 days later it was sent to the states.^{[19] [xx]}

Ratification by u.s. [edit]

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

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

1. Maine: March 31, 1947
2. Michigan: March 31, 1947
3. Iowa: April 1, 1947
4. Kansas: April 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: April 12, 1947
10. California: April 15, 1947
11. New Jersey: April 15, 1947
12. Vermont: Apr 15, 1947
13. Ohio: Apr sixteen, 1947
14. Wisconsin: April sixteen, 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. S Dakota: January 21, 1949
23. North Dakota: February 25, 1949
24. Louisiana: May 17, 1950
25. Montana: January 25, 1951
26. Indiana: Jan 29, 1951
27. Idaho: Jan 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: Feb 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 subpoena. On March 1, 1951, the Ambassador of General Services, Jess Larson, issued a document proclaiming the 22nd Amendment duly ratified and function of the Constitution. The subpoena was later on ratified past:^[iii]
37. North Carolina: February 28, 1951
38. South Carolina: March xiii, 1951
39. Maryland: March fourteen, 1951
40. Florida: April sixteen, 1951
41. Alabama: May 4, 1951

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

Effect [edit]

Because of the grandfather clause in Department i, the amendment did not employ to Harry S. Truman, as he was the incumbent president at the fourth dimension it came into force. Truman, who had served nearly 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 chore approving rating at around 27%,^{[21] [22]} and later on a poor performance in the 1952 New Hampshire primary, Truman chose non to seek his political party's nomination. Since becoming 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-league, and Barack Obama.

Interaction with the 12th Amendment [edit]

As worded, the focus of the 22nd Amendment is on limiting individuals from existence elected to the presidency more than than twice. Questions have been raised about the subpoena'south meaning 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 Subpoena stipulates that the ramble 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 one-time president could possibly be elected vice president and and then succeed to the presidency as a upshot of the incumbent's death, resignation, or removal from office, or succeed to the presidency from another stated role in the presidential line of succession.^{[ix] [24]}

Some contend that the 22nd Amendment and 12th Amendment bar any 2-term president from later serving as vice president as well as from succeeding to the presidency from whatever bespeak in the presidential line of succession.^[25] Others fence that the original intent of the twelfth Amendment concerns qualification for service (historic period, residence, and citizenship), while the 22nd Subpoena, concerns qualifications for election, and thus a former two-term president is withal eligible to serve equally vice president. Neither subpoena restricts the number of times someone tin 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 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 one-time President Beak 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. Afterward leaving part, Harry Truman described the amendment every bit 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 because he thought it infringed on people's democratic rights.^[30] In a Nov 2000 interview with Rolling Stone, President Bill Clinton suggested that the 22nd Subpoena should be contradistinct to limit presidents to two sequent terms, but then allow non-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 virtually serving beyond the limits of the 22nd Subpoena. During an April 2022 White Business firm upshot for the Wounded Warrior Project, he suggested he would remain president for 10 to fourteen years.^{[32] [33]}

The start efforts in Congress to repeal the 22nd Amendment were undertaken in 1956, five years later on the amendment's ratification. Over the next 50 years, 54 articulation resolutions seeking to repeal the two-term presidential election limit were introduced.^[1] Between 1997 and 2013, José E. Serrano, Democratic representative for New York, introduced ix resolutions (ane per Congress, all unsuccessful) to repeal the subpoena.^[34] Repeal has as well 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 Usa
• 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 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'southward third-term election and the 22nd amendment - National Constitution Center". National Constitution Center – constitutioncenter.org . Retrieved September 30, 2021.
3. ^ ^{a b c} "Constitution of the Us of America: Assay and Estimation" (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. "20-2d Subpoena". The Interactive Constitution. Philadelphia, Pennsylvania: The National Constitution Centre. Archived from the original on January 14, 2021. Retrieved March 19, 2018.
5. ^ Start typhoon UsCONST., art. X, section one.
6. ^ Ferling, John (2009). The Ascent of George Washington: The Subconscious Political Genius of an American Icon. New York: Bloomsbury Printing. pp. 347–348. ISBN978-one-59691-465-0.
7. ^ Jefferson, Thomas (December 10, 1807). "Letter to the Legislature of Vermont". Ashland, Ohio: TeachingAmericanHistory.org. Archived from the original on January xiv, 2021. Retrieved March nineteen, 2018.
8. ^ ^{a b} Peabody, Bruce. "Presidential Term Limit". The Heritage Foundation. Archived from the original on July 24, 2017. Retrieved Jan ten, 2017.
9. ^ ^{a b c d eastward f} Peabody, Bruce 1000.; Gant, Scott E. (February 1999). "The Twice and Time to come President: Constitutional Interstices and the Twenty-Second Amendment". Minnesota Law Review. Minneapolis: Academy of Minnesota Law School. 83 (three): 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). "'Not Worth a Pitcher of Warm Piss': John Nance Garner as Vice President". In Walch, Timothy (ed.). At the President'southward Side: The Vice Presidency in the Twentieth Century. Columbia, Missouri: University of Missouri Press. pp. 52–53. ISBN0-8262-1133-Ten . Retrieved March 20, 2018.
13. ^ ^{a b} "FDR'southward third-term decision and the 22nd amendment". Constitution Daily. Philadelphia, Pennsylvania: The National Constitution Center. Archived from the original on Jan 14, 2021. Retrieved June 29, 2014.
14. ^ Jordan, David M. (2011). FDR, Dewey, and the Election of 1944. Bloomington, Indiana: Indiana Academy Press. p. 290. ISBN978-0-253-35683-3.
15. ^ Leuchtenburg, William Due east. "Franklin D. Roosevelt: Campaigns and Elections". Charlottesville, Virginia: Miller Center of Public Affairs, University of Virginia. Archived from the original on January 14, 2021. Retrieved March 20, 2018.
16. ^ Leuchtenburg, William Due east. "Franklin D. Roosevelt: Death of the President". Charlottesville, Virginia: Miller Middle of Public Diplomacy, University of Virginia. Archived from the original on January fourteen, 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 past 22nd Amendment". Tahlequah Daily Press. Archived from the original on January fourteen, 2021. Retrieved March 22, 2018.
19. ^ "22nd Amendment: 2-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 Ramble Amendments". usconstitution.net. Archived from the original on Apr 23, 2018. Retrieved June 9, 2020.
21. ^ Weldon, Kathleen (Baronial 11, 2015). "The Public and the 22nd Amendment: 3rd Terms and Lame Ducks". Huffington Mail. 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 14, 2021. Retrieved March 27, 2018.
23. ^ "The Constitution: Amendments xi-27". America's Founding Documents. Washington, D.C.: National Archives. Archived from the original on Jan 14, 2021. Retrieved March 11, 2018.
24. ^ Ready, Joel A. "The 22nd Amendment Doesn't Say What You Retrieve Information technology Says". Blandon, Pennsylvania: Cornerstone Law Firm. Archived from the original on January xiv, 2021. Retrieved November 6, 2017.
25. ^ Franck, Matthew J. (July 31, 2007). "Ramble Sleight of Manus". 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 East.; Peabody, Bruce G. (June xiii, 2006). "How to bring dorsum Bill: 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 15, 2015). "Hillary Clinton: Bill every bit VP has 'crossed her mind'". CNN. Archived from the original on Jan 14, 2021. Retrieved October 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. Academy of Toronto Press on behalf of the Canadian Clan for American Studies with the back up of Carleton University. 29 (3): 133–148. doi:10.3138/CRAS-029-03-06. S2CID 159908265.
30. ^ Reagan, Ronald (Jan xviii, 1989). "President Reagan Says He Volition Fight to Repeal 22nd Amendment". NBC Nightly News (Interview). Interviewed by Tom Brokaw. New York: NBC. Retrieved June 14, 2015.
31. ^ "Clinton: I Would've Won Third Term". ABC News. Dec seven, 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 every bit president". Business Insider. Archived from the original on January xiv, 2021. Retrieved September 14, 2019.
33. ^ Croucher, Shane (September 11, 2019). "Donald Trump Posts Prototype on Twitter, Instagram Joking That He'll Stand up 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 twenty-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 October 19, 2018.
36. ^ potus_geeks (February 27, 2012). "The 22nd Amendment". Archived from the original on January 14, 2021. Retrieved October 19, 2018.

External links [edit]

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

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

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