Can a Presidentrun for President Again After Being Impeached

1951 amendment limiting presidents to 2 terms

The Twenty-second Amendment (Subpoena XXII) to the United states of america 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 conditions for presidents who succeed to the unexpired terms of their predecessors.^[1]

Until the amendment's ratification, the president had non been subject field to term limits, just George Washington had established a two-term tradition that many other presidents followed. In the 1940 and 1944 presidential elections, however, Democrat Franklin D. Roosevelt became the offset president to win third and quaternary terms, giving rise to concerns about a president serving an unlimited number of terms. Post-obit 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.^[ii] Congress approved the Xx-second Amendment on March 21, 1947, and submitted information technology to the country legislatures for ratification. That procedure 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 as states), and its provisions came into force on that engagement.

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 than than two years is also prohibited from being elected president more than one time. Scholars debate whether the subpoena prohibits afflicted individuals from succeeding to the presidency nether whatsoever circumstances or whether information technology applies only to presidential elections.

Text [edit]

Section 1. No person shall exist elected to the office of the President more twice, and no person who has held the part of President, or acted every bit President, for more than than 2 years of a term to which some other person was elected President shall be elected to the office of the President more once. Only this Article shall not apply to whatever person property the office of President when this Article was proposed by the Congress, and shall not prevent whatever person who may be holding the function 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 rest of such term.

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

Groundwork [edit]

The Twenty-second Subpoena 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 Constitutional Convention of 1787 considered the issue extensively (alongside broader questions, such as who would elect the president, and the president'due south function). Many, including Alexander Hamilton and James Madison, supported lifetime tenure for presidents, while others favored fixed terms. Virginia'southward George Bricklayer denounced the life-tenure proposal as tantamount to elective monarchy.^[4] An early on typhoon of the U.S. Constitution provided that the president was restricted to one vii-year term.^[5] Ultimately, the Framers approved four-yr terms with no restriction on how many times a person could be elected president.

Though dismissed by the Ramble Convention, term limits for U.S. presidents were contemplated during the presidencies of George Washington and Thomas Jefferson. As his 2d term entered its final year in 1796, Washington was exhausted 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 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 Address.^[vi] Eleven years later, as Thomas Jefferson neared the halfway point of his 2d term, he wrote,

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

Since Washington made his historic announcement, numerous academics and public figures have looked at his decision to retire after 2 terms, and take, co-ordinate to political scientist Bruce Peabody, "argued he had established a two-term tradition that served every bit a vital check confronting whatsoever ane person, or the presidency equally a whole, accumulating as well much ability".^[viii] Various amendments aimed at changing informal precedent to ramble 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 2 terms, and each adhered to the two-term principle;^[one] Martin Van Buren was the only president between Jackson and Abraham Lincoln to exist nominated for a 2nd term, though he lost the 1840 election and so served only one term.^[nine] At the outset of the Civil State of war the seceding States drafted the Constitution of the Confederate States of America, which in most respects resembled the U.s.a. Constitution, but limited the president to a single six-year term.

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

Theodore Roosevelt succeeded to the presidency on September 14, 1901, post-obit William McKinley'southward bump-off (194 days into his second 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 again in the election of 1912, losing to Woodrow Wilson. Wilson himself, despite his sick health post-obit a serious stroke, aspired to a 3rd term. Many of his directorate tried to convince him that his health precluded another campaign, but Wilson nonetheless asked that his name 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 1000. Cox, who lost to Warren M. Harding. Wilson once again contemplated running for a (nonconsecutive) 3rd term in 1924, devising a strategy for his improvement, only again lacked any support; he died in February of that year.^[xi]

Franklin Roosevelt spent the months leading upwardly to the 1940 Democratic National Convention refusing to say whether he would seek a 3rd term. His Vice President, John Nance Garner, along with Postmaster General James Farley, announced their candidacies for the Democratic 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 message was interpreted to mean he was willing to exist 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 but) president to exceed eight years in office. His decision to seek a 3rd term dominated the ballot campaign.^[thirteen] Willkie ran against the open-ended presidential tenure, while Democrats cited the war in Europe as a reason for breaking with precedent.^[9]

4 years afterward, Roosevelt faced Republican Thomas Eastward. Dewey in the 1944 election. Almost the end of the campaign, Dewey appear his back up of a constitutional amendment to limit presidents to two terms. According to Dewey, "4 terms, or 16 years (a direct reference to the president'due south tenure in role 4 years hence), is the most unsafe threat to our freedom always proposed."^[14] He also discreetly raised the issue of the president's age. Roosevelt exuded plenty free energy and charisma to retain voters' conviction and was elected to a fourth term.^[xv]

While he quelled rumors of poor wellness during the campaign, Roosevelt's health was deteriorating. On April 12, 1945, but 82 days subsequently his fourth inauguration, he suffered a cerebral hemorrhage and died, to be succeeded past Vice President Harry Truman.^[16] In the midterm elections 18 months later, Republicans took command of the House and the Senate. Equally many of them had campaigned on the result of presidential tenure, declaring their back up for a constitutional amendment that would limit how long a person could serve as president, the consequence was given priority in the 80th Congress when information technology convened in Jan 1947.^[8]

Proposal and ratification [edit]

Proposal in Congress [edit]

The Business firm of Representatives took quick action, approving a proposed constitutional amendment (House Articulation Resolution 27) setting a limit of ii iv-year terms for future presidents. Introduced past 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 subpoena exist submitted to land ratifying conventions for ratification, rather than to the land legislatures, and past prohibiting any person who had served more 365 days in each of 2 terms from further presidential service. Both these provisions were removed when the total Senate took up the bill, just a new provision was, nonetheless, added. Put forrad past Robert A. Taft, information technology clarified procedures governing the number of times a vice president who succeeded to the presidency might be elected to office. The amended proposal was passed 59–23, with sixteen Democrats in favor, on March 12.^{[1] [xviii]}

On March 21, the Firm agreed to the Senate's revisions and approved the resolution to meliorate the Constitution. Afterward, the amendment imposing term limitations on hereafter presidents was submitted to the states for ratification. The ratification process was completed on February 27, 1951, 3 years, 343 days after it was sent to the states.^{[nineteen] [xx]}

Ratification by u.s. [edit]

A map of how the states voted on the Xx-second Subpoena

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

1. Maine: March 31, 1947
2. Michigan: March 31, 1947
3. Iowa: Apr 1, 1947
4. Kansas: April i, 1947
5. New Hampshire: April i, 1947
6. Delaware: April 2, 1947
7. Illinois: April three, 1947
8. Oregon: April 3, 1947
9. Colorado: April 12, 1947
10. California: Apr 15, 1947
11. New Jersey: Apr xv, 1947
12. Vermont: Apr 15, 1947
13. Ohio: April 16, 1947
14. Wisconsin: Apr 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. North Dakota: Feb 25, 1949
24. Louisiana: May 17, 1950
25. Montana: January 25, 1951
26. Indiana: Jan 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: Feb 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 Full general Services, Jess Larson, issued a certificate proclaiming the 22nd Subpoena duly ratified and part of the Constitution. The amendment was later ratified by:^[3]
37. North Carolina: February 28, 1951
38. South Carolina: March 13, 1951
39. Maryland: March 14, 1951
40. Florida: Apr sixteen, 1951
41. Alabama: May iv, 1951

Conversely, two states—Oklahoma and Massachusetts—rejected the amendment, while five (Arizona, Kentucky, Rhode Isle, Washington, and Due west Virginia) took no action.^[18]

Effect [edit]

Considering of the granddad clause in Department 1, the subpoena did not utilize to Harry S. Truman, as he was the incumbent president at the time information technology came into force. Truman, who had served nearly all of Franklin Roosevelt's unexpired 4th term and who was elected to a full term in 1948, was thus eligible for reelection in 1952.^[13] But with his job approval rating at effectually 27%,^{[21] [22]} and after a poor performance in the 1952 New Hampshire master, Truman chose non to seek his political party'due south nomination. Since becoming operative in 1951, the amendment has been applicable to half dozen presidents who accept been elected twice: Dwight D. Eisenhower, Richard Nixon, Ronald Reagan, Pecker Clinton, George W. Bush, and Barack Obama.

Interaction with the Twelfth Amendment [edit]

As worded, the focus of the 22nd Amendment is on limiting individuals from beingness elected to the presidency more twice. Questions accept been raised about the amendment's meaning and application, particularly 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 twelfth 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. Considering of the ambiguity, a ii-term onetime president could possibly be elected vice president and and so succeed to the presidency every bit a result of the incumbent'southward death, resignation, or removal from office, or succeed to the presidency from another stated role in the presidential line of succession.^{[9] [24]}

Some debate that the 22nd Subpoena and twelfth Amendment bar whatsoever two-term president from later serving as vice president as well as from succeeding to the presidency from whatsoever signal in the presidential line of succession.^[25] Others contend that the original intent of the 12th Subpoena concerns qualification for service (age, residence, and citizenship), while the 22nd Subpoena, concerns qualifications for election, and thus a former 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 then succeed to the presidency to serve out the residual of the term, although the person could be prohibited from running for ballot to an additional term.^{[26] [27]}

The practical applicability of this stardom has non been tested, as no twice-elected president has ever been nominated for the vice presidency. While Hillary Clinton once suggested she considered former President Beak Clinton every bit her running mate,^[28] the constitutional question remains unresolved.^[i]

Attempts at repeal [edit]

Over the years, several presidents have voiced their antipathy toward the amendment. Later leaving part, Harry Truman described the amendment equally stupid and i 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 information technology infringed on people's democratic rights.^[30] In a Nov 2000 interview with Rolling Stone, President Bill Clinton suggested that the 22nd Amendment should exist contradistinct to limit presidents to ii consecutive terms but and so let 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 across the limits of the 22nd Amendment. During an April 2019 White Firm event for the Wounded Warrior Project, he suggested he would remain president for x to fourteen years.^{[32] [33]}

The first efforts in Congress to repeal the 22nd Amendment were undertaken in 1956, five years after the amendment's ratification. Over the side by side 50 years, 54 joint resolutions seeking to repeal the 2-term presidential election limit were introduced.^[1] Betwixt 1997 and 2013, José Eastward. Serrano, Democratic representative for New York, introduced nine resolutions (i per Congress, all unsuccessful) to repeal the amendment.^[34] Repeal has besides 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
• Listing of political term limits

References [edit]

1. ^ ^{a b c d e} Neale, Thomas H. (October nineteen, 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 Apr 12, 2019. Retrieved March 22, 2018.
2. ^ "FDR's 3rd-term ballot and the 22nd amendment - National Constitution Center". National Constitution Center – constitutioncenter.org . Retrieved September 30, 2021.
3. ^ ^{a b c} "Constitution of the The states 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. "20-second Amendment". The Interactive Constitution. Philadelphia, Pennsylvania: The National Constitution Centre. Archived from the original on January fourteen, 2021. Retrieved March 19, 2018.
5. ^ Kickoff draft U.Southward.CONST., 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). "Letter to the Legislature of Vermont". Ashland, Ohio: TeachingAmericanHistory.org. Archived from the original on January xiv, 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 east f} Peabody, Bruce Thousand.; Gant, Scott E. (February 1999). "The Twice and Futurity President: Constitutional Interstices and the 20-Second Amendment". Minnesota Police force Review. Minneapolis: University of Minnesota Police School. 83 (3): 565–635. Archived from the original on Jan xv, 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 G. (1998). In Search of Woodrow Wilson: Beliefs and Behavior. Westport, Connecticut: Greenwood Printing. pp. 260–262. ISBN9780313305207.
12. ^ Rosen, Elliot A. (1997). "'Not Worth a Pitcher of Warm Piss': John Nance Garner every bit Vice President". In Walch, Timothy (ed.). At the President's Side: The Vice Presidency in the Twentieth Century. Columbia, Missouri: University of Missouri Press. pp. 52–53. ISBN0-8262-1133-X . Retrieved March 20, 2018.
13. ^ ^{a b} "FDR's third-term decision and the 22nd subpoena". Constitution Daily. Philadelphia, Pennsylvania: The National Constitution Heart. Archived from the original on January 14, 2021. Retrieved June 29, 2014.
14. ^ Jordan, David M. (2011). FDR, Dewey, and the Election of 1944. Bloomington, Indiana: Indiana Academy Press. p. 290. ISBN978-0-253-35683-3.
15. ^ Leuchtenburg, William East. "Franklin D. Roosevelt: Campaigns and Elections". Charlottesville, Virginia: Miller Center of Public Diplomacy, 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 Center of Public Affairs, University of Virginia. Archived from the original on January 14, 2021. Retrieved March xx, 2018.
17. ^ Congressional Quarterly. (1947). Limitations of Presidential Tenure. Congressional Quarterly Vol. Iii. 92-93, 96.
18. ^ ^{a b} Rowley, Sean (July 26, 2014). "Presidential terms express by 22nd Amendment". Tahlequah Daily Press. Archived from the original on January 14, 2021. Retrieved March 22, 2018.
19. ^ "22nd Amendment: Two-Term Limit on Presidency". constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Centre. Archived from the original on Feb xx, 2020. Retrieved June 7, 2020.
20. ^ Mount, Steve. "Ratification of Constitutional 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 Jan xiv, 2021. Retrieved March 27, 2018.
22. ^ Peters, Gerhard; Woolley, John T. "Presidential Task Blessing: F. Roosevelt (1941)—Trump". Information 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'south Founding Documents. Washington, D.C.: National Archives. Archived from the original on January 14, 2021. Retrieved March 11, 2018.
24. ^ Ready, Joel A. "The 22nd Amendment Doesn't Say What You Recollect 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 Manus". 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 Oct 1, 2005.
27. ^ Gant, Scott East.; Peabody, Bruce K. (June 13, 2006). "How to bring back Neb: 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: Pecker as VP has 'crossed her heed'". CNN. Archived from the original on January xiv, 2021. Retrieved October 29, 2015.
29. ^ Lemelin, Bernard Lemelin (Wintertime 1999). "Opposition to the 22nd Amendment: The National Commission 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 (3): 133–148. doi:10.3138/CRAS-029-03-06. S2CID 159908265.
30. ^ Reagan, Ronald (January 18, 1989). "President Reagan Says He Will Fight to Repeal 22nd Amendment". NBC Nightly News (Interview). Interviewed past Tom Brokaw. New York: NBC. Retrieved June 14, 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 want him to serve more than 2 terms every bit 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 Jan 14, 2021. Retrieved September fourteen, 2019.
34. ^ "H.J.Res. 15 (113th): Proposing an amendment to the Constitution of the United states of america to repeal the twenty-2nd article of subpoena, thereby removing the limitation on the number of terms an private may serve every bit President". Washington, D.C.: GovTrack, a project of Civic Impulse, LLC. 2013. Archived from the original on Jan xiv, 2021. Retrieved March 23, 2018.
35. ^ "Bill to Repeal the 22nd Amendment". Snopes.com . Retrieved October xix, 2018.
36. ^ potus_geeks (Feb 27, 2012). "The 22nd Subpoena". Archived from the original on Jan 14, 2021. Retrieved October 19, 2018.

External links [edit]

• The Annenberg Guide to the The states Constitution: Twenty-second Amendment
• CRS Annotated Constitution: 20-2d Amendment

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

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