If a President Gets One Term and Loses Can They Run for Office Again

1951 amendment limiting presidents to two terms

The Twenty-second Amendment (Subpoena XXII) to the United States Constitution limits the number of times a person is eligible for ballot to the part of President of the United states of america to two, and sets boosted eligibility atmospheric condition 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, but George Washington had established a ii-term tradition that many other presidents followed. Simply in the 1940 and 1944 presidential elections, Franklin D. Roosevelt became the get-go president to win third and fourth terms, giving rising to concerns about a president serving unlimited terms. After Roosevelt'south 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 canonical the 20-2nd Subpoena 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 nevertheless 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 existence elected again. Under the subpoena, someone who fills an unexpired presidential term lasting more than two years is also prohibited from being elected president more than once. Scholars debate 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 part of President, or acted as President, for more than two years of a term to which another person was elected President shall be elected to the part of the President more than once. Only this Article shall not use to any person holding the office of President when this Article was proposed by the Congress, and shall not forestall any person who may exist holding the office of President, or acting equally President, during the term within which this Commodity becomes operative from holding the office of President or interim as President during the remainder of such term.

Section 2. This Article shall be inoperative unless it shall have been ratified equally an subpoena to the Constitution by the legislatures of 3-fourths of the several states inside vii years from the date of its submission to the states by the Congress.^[3]

Background [edit]

The Twenty-second Subpoena was a reaction to Franklin D. Roosevelt'south ballot to an unprecedented iv 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 role). Many, including Alexander Hamilton and James Madison, supported lifetime tenure for presidents, while others favored fixed terms. Virginia'south George Mason denounced the life-tenure proposal as tantamount to elective monarchy.^[iv] An early on draft of the U.South. Constitution provided that the president was restricted to one vii-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.South. presidents were contemplated during the presidencies of George Washington and Thomas Jefferson. As his second term entered its final year in 1796, Washington was exhausted from years of public service, and his wellness had begun to turn down. He was likewise 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 non to run for a third term, a determination he announced to the nation in his September 1796 Farewell Address.^[6] Xi years later on, as Thomas Jefferson neared the halfway point of his second term, he wrote,

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

Since Washington made his historic announcement, numerous academics and public figures accept 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 equally a vital check against any ane person, or the presidency equally a whole, accumulating too much power".^[8] Various amendments aimed at changing informal precedent to constitutional law were proposed in Congress in the early to mid-19th century, merely none passed.^{[iv] [9]} Three of the next four presidents later Jefferson—James Madison, James Monroe, and Andrew Jackson—served two terms, and each adhered to the 2-term principle;^[1] Martin Van Buren was the simply president between Jackson and Abraham Lincoln to exist nominated for a second term, though he lost the 1840 election and and then served just one term.^[9] At the outset of the Ceremonious War the seceding States drafted the Constitution of the Amalgamated States of America, which in near respects resembled the United states Constitution, but express the president to a single six-year term.

In spite of the potent two-term tradition, a few presidents earlier Roosevelt attempted to secure a third term. Following Ulysses S. Grant'due south reelection in 1872, there were serious discussions inside Republican political circles about the possibility of his running again in 1876. Just interest in a third term for Grant evaporated in the light of negative public opinion and opposition from members of Congress, and Grant left the presidency in 1877 later two terms. Even and then, as the 1880 election approached, he sought nomination for a (not-consecutive) third term at the 1880 Republican National Convention, simply narrowly lost to James Garfield, who won the 1880 ballot.^[9]

Theodore Roosevelt succeeded to the presidency on September 14, 1901, following William McKinley's assassination (194 days into his second term), and was handily elected to a full term in 1904. He declined to seek a 3rd (2d full) term in 1908, only did run 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 advisers tried to convince him that his health precluded another campaign, but Wilson all the same asked that his proper noun exist placed in nomination for the presidency at the 1920 Democratic National Convention.^[ten] Democratic Party leaders were unwilling to support Wilson, and the nomination went to James Thousand. Cox, who lost to Warren G. Harding. Wilson once again contemplated running for a (nonconsecutive) tertiary term in 1924, devising a strategy for his comeback, merely again lacked any back up; he died in February of that twelvemonth.^[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 Democratic nomination. When the convention came, Roosevelt sent a message to the convention saying he would run only if drafted, saying 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'due south first ballot.^{[9] [12]} Roosevelt won a decisive victory over Republican Wendell Willkie, becoming the first (and to date only) president to exceed 8 years in office. His decision to seek a 3rd term dominated the election campaign.^[13] Willkie ran confronting the open-ended presidential tenure, while Democrats cited the war in Europe as a reason for breaking with precedent.^[9]

Four years later, Roosevelt faced Republican Thomas Eastward. Dewey in the 1944 election. Near the end of the entrada, Dewey appear his support of a ramble amendment to limit presidents to two terms. According to Dewey, "four terms, or xvi years (a directly reference to the president's tenure in office iv years hence), is the most dangerous threat to our freedom ever proposed."^[14] He likewise discreetly raised the issue of the president'southward age. 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 wellness was deteriorating. On April 12, 1945, only 82 days afterward his quaternary inauguration, he suffered a cerebral hemorrhage and died, to be succeeded past Vice President Harry Truman.^[16] In the midterm elections 18 months afterwards, Republicans took control of the House and the Senate. Every bit many of them had campaigned on the issue of presidential tenure, declaring their support for a constitutional subpoena that would limit how long a person could serve as president, the effect 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 action, approving a proposed constitutional amendment (Business firm Joint Resolution 27) setting a limit of 2 four-year terms for future presidents. Introduced by Earl C. Michener, the measure out passed 285–121, with support from 47 Democrats, on Feb six, 1947.^[17] Meanwhile, the Senate developed its own proposed subpoena, 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 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 by Robert A. Taft, information technology clarified 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 meliorate the Constitution. Afterward, the amendment imposing term limitations on future presidents was submitted to the states for ratification. The ratification process was completed on Feb 27, 1951, 3 years, 343 days afterwards information technology was sent to the states.^{[19] [20]}

Ratification past the states [edit]

A map of how usa voted on the Twenty-2nd Subpoena

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

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

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

Effect [edit]

Because of the grandfather clause in Section 1, the amendment did not apply to Harry S. Truman, equally he was the incumbent president at the time it came into forcefulness. Truman, who had served about all of Franklin Roosevelt's unexpired 4th term and who was elected to a total term in 1948, was thus eligible for reelection in 1952.^[13] Simply with his chore approval rating at around 27%,^{[21] [22]} and after a poor performance in the 1952 New Hampshire primary, Truman chose not to seek his political party's nomination. Since becoming operative in 1951, the subpoena has been applicable to vi presidents who have been elected twice: Dwight D. Eisenhower, Richard Nixon, Ronald Reagan, Pecker Clinton, George Westward. Bush, and Barack Obama.

Interaction with the Twelfth Subpoena [edit]

As worded, the focus of the 22nd Amendment is on limiting individuals from being elected to the presidency more than twice. Questions have been raised virtually the subpoena's meaning and application, specially in relation to the 12th 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 United states."^[23] While the twelfth 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 exist elected vice president. Because of the ambiguity, a ii-term onetime president could perhaps be elected vice president and then succeed to the presidency equally a result of the incumbent's death, resignation, or removal from part, or succeed to the presidency from another stated office in the presidential line of succession.^{[9] [24]}

Some argue that the 22nd Amendment and 12th Subpoena bar whatever two-term president from afterward serving every bit vice president also as from succeeding to the presidency from any indicate in the presidential line of succession.^[25] Others fence that the original intent of the 12th Amendment concerns qualification for service (age, residence, and citizenship), while the 22nd Subpoena, concerns qualifications for election, and thus a onetime two-term president is still eligible to serve as 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 rest of the term, although the person could be 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 one time suggested she considered erstwhile President Beak Clinton as her running mate,^[28] the ramble question remains unresolved.^[one]

Attempts at repeal [edit]

Over the years, several presidents have voiced their contempt toward the amendment. Afterward leaving function, 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 before leaving office in Jan 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 November 2000 interview with Rolling Stone, President Bill Clinton suggested that the 22nd Amendment should be altered to limit presidents to two sequent terms only then let not-sequent 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 2022 White House event for the Wounded Warrior Projection, he suggested he would remain president for ten to fourteen years.^{[32] [33]}

The first efforts in Congress to repeal the 22nd Subpoena were undertaken in 1956, five years later the amendment's ratification. Over the next 50 years, 54 joint resolutions seeking to repeal the two-term presidential ballot limit were introduced.^[1] Betwixt 1997 and 2013, José Eastward. Serrano, Autonomous representative for New York, introduced nine 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 likewise [edit]

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

References [edit]

1. ^ ^{a b c d east} Neale, Thomas H. (October xix, 2009). "Presidential Terms and Tenure: Perspectives and Proposals for Change" (PDF). Washington, D.C.: Congressional Research Service, The Library of Congress. Archived (PDF) from the original on April 12, 2019. Retrieved March 22, 2018.
2. ^ "FDR's 3rd-term ballot and the 22nd amendment - National Constitution Heart". National Constitution Center – constitutioncenter.org . Retrieved September 30, 2021.
3. ^ ^{a b c} "Constitution of the United states of america of America: Analysis and Interpretation" (PDF). Washington, D.C.: Library of Congress. August 26, 2017. pp. 39–forty. Retrieved March 22, 2018.
4. ^ ^{a b} Buckley, F. H.; Metzger, Gillian. "Xx-second Amendment". The Interactive Constitution. Philadelphia, Pennsylvania: The National Constitution Middle. Archived from the original on Jan 14, 2021. Retrieved March 19, 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 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 fourteen, 2021. Retrieved March 19, 2018.
8. ^ ^{a b} Peabody, Bruce. "Presidential Term Limit". The Heritage Foundation. Archived from the original on July 24, 2017. Retrieved January 10, 2017.
9. ^ ^{a b c d e f} Peabody, Bruce G.; Gant, Scott E. (February 1999). "The Twice and Futurity President: Constitutional Interstices and the Xx-2nd Amendment". Minnesota Law Review. Minneapolis: University 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 Six Presidents. New York: Carroll and Graf. pp. 187–200. ISBN978-0-78671-622-7.
11. ^ Saunders, Robert M. (1998). In Search of Woodrow Wilson: Beliefs and Behavior. Westport, Connecticut: Greenwood Printing. pp. 260–262. ISBN9780313305207.
12. ^ Rosen, Elliot A. (1997). "'Non Worth a Pitcher of Warm Piss': John Nance Garner every bit 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 third-term determination and the 22nd amendment". Constitution Daily. Philadelphia, Pennsylvania: The National Constitution Heart. Archived from the original on January 14, 2021. Retrieved June 29, 2014.
14. ^ Hashemite kingdom of jordan, David Yard. (2011). FDR, Dewey, and the Election of 1944. Bloomington, Indiana: Indiana University Press. p. 290. ISBN978-0-253-35683-3.
15. ^ Leuchtenburg, William East. "Franklin D. Roosevelt: Campaigns and Elections". Charlottesville, Virginia: Miller Center of Public Affairs, University of Virginia. Archived from the original on Jan 14, 2021. Retrieved March 20, 2018.
16. ^ Leuchtenburg, William E. "Franklin D. Roosevelt: Death of the President". Charlottesville, Virginia: Miller Heart of Public Affairs, University of Virginia. Archived from the original on Jan 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 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 Ramble Amendments". usconstitution.cyberspace. Archived from the original on April 23, 2018. Retrieved June ix, 2020.
21. ^ Weldon, Kathleen (Baronial 11, 2015). "The Public and the 22nd Amendment: Third Terms and Lame Ducks". Huffington Post. Archived from the original on Jan xiv, 2021. Retrieved March 27, 2018.
22. ^ Peters, Gerhard; Woolley, John T. "Presidential Task Approval: F. Roosevelt (1941)—Trump". Information adapted from the Gallup Poll and compiled past 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'south Founding Documents. Washington, D.C.: National Athenaeum. Archived from the original on January 14, 2021. Retrieved March 11, 2018.
24. ^ Ready, Joel A. "The 22nd Amendment Doesn't Say What You lot Think It Says". Blandon, Pennsylvania: Cornerstone Law House. Archived from the original on January 14, 2021. Retrieved November 6, 2017.
25. ^ Franck, Matthew J. (July 31, 2007). "Constitutional Sleight of Hand". National Review. Archived from the original on June 13, 2008. Retrieved June 12, 2008.
26. ^ Dorf, Michael C. (August 2, 2000). "Why the Constitution permits a Gore-Clinton ticket". CNN. Archived from the original on Oct 1, 2005.
27. ^ Gant, Scott E.; Peabody, Bruce G. (June xiii, 2006). "How to bring dorsum Bill: A Clinton-Clinton 2008 ticket is constitutionally possible". The Christian Scientific discipline Monitor. Archived from the original on Jan xiv, 2021. Retrieved June 12, 2008.
28. ^ LoBianco, Tom (September 15, 2015). "Hillary Clinton: Bill as VP has 'crossed her mind'". CNN. Archived from the original on January 14, 2021. Retrieved October 29, 2015.
29. ^ Lemelin, Bernard Lemelin (Wintertime 1999). "Opposition to the 22nd Subpoena: 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 support of Carleton University. 29 (3): 133–148. doi:ten.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 fourteen, 2021. Retrieved March 26, 2018.
32. ^ Einbinder, Nicole (June 17, 2019). "Trump suggested his supporters want him to serve more than 2 terms as president". Business organisation Insider. Archived from the original on January fourteen, 2021. Retrieved September 14, 2019.
33. ^ Croucher, Shane (September eleven, 2019). "Donald Trump Posts Image on Twitter, Instagram Joking That He'll Stand in 2024". Newsweek. Archived from the original on Jan fourteen, 2021. Retrieved September fourteen, 2019.
34. ^ "H.J.Res. 15 (113th): Proposing an amendment to the Constitution of the Usa to repeal the 20-2nd commodity 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 xix, 2018.
36. ^ potus_geeks (February 27, 2012). "The 22nd Amendment". Archived from the original on January xiv, 2021. Retrieved October xix, 2018.

External links [edit]

• The Annenberg Guide to the U.s.a. Constitution: Twenty-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#:~:text=The%20amendment%20prohibits%20anyone%20who,elected%20president%20more%20than%20once.

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