Can a President Run Again After Losing

1951 subpoena limiting presidents to two terms

The Twenty-second Amendment (Amendment XXII) to the United States Constitution limits the number of times a person is eligible for ballot to the office of President of the U.s.a. to two, and sets additional eligibility weather for presidents who succeed to the unexpired terms of their predecessors.^[1]

Until the subpoena's ratification, the president had non been field of study to term limits, simply 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 first president to win tertiary and fourth terms, giving rise to concerns about a president serving an unlimited number of terms. Following Roosevelt's 1945 expiry, Republicans and conservative Democrats were swept into Congress in the 1946 elections and were in position to propose an subpoena restricting the number of presidential terms.^[2] Congress approved the Twenty-2nd Amendment on March 21, 1947, and submitted information technology to the state legislatures for ratification. That process was completed on Feb 27, 1951, when the requisite 36 of the 48 states had ratified the amendment (neither Alaska nor Hawaii had yet been admitted as states), and its provisions came into force 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 2 years is likewise prohibited from beingness elected president more than in one case. Scholars argue whether the amendment prohibits affected individuals from succeeding to the presidency under any circumstances or whether information technology applies only to presidential elections.

Text [edit]

Section 1. No person shall be elected to the office of the President more than twice, and no person who has held the role of President, or acted equally President, for more two years of a term to which some other person was elected President shall be elected to the office of the President more once. But this Commodity shall not utilise to whatever person property the office of President when this Article was proposed by the Congress, and shall not prevent whatsoever person who may be holding the role of President, or interim every bit President, during the term within which this Article becomes operative from property the office of President or acting as President during the rest of such term.

Section 2. This Article shall be inoperative unless it shall have been ratified every bit an amendment to the Constitution by the legislatures of three-fourths of the several states inside seven years from the date of its submission to the states by the Congress.^[iii]

Background [edit]

The Twenty-2d Amendment was a reaction to Franklin D. Roosevelt'due south election to an unprecedented four 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 (aslope 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'southward George Stonemason denounced the life-tenure proposal every bit tantamount to elective monarchy.^[four] An early typhoon of the U.S. Constitution provided that the president was restricted to one 7-year term.^[v] Ultimately, the Framers approved four-year terms with no restriction on how many times a person could exist elected president.

Though dismissed past the Ramble 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 year in 1796, Washington was wearied from years of public service, and his health had begun to decline. He was besides bothered by his political opponents' unrelenting attacks, which had escalated after the signing of the Jay Treaty, and believed he had accomplished his major goals as president. For these reasons, he decided not to run for a third term, a decision he appear to the nation in his September 1796 Farewell Address.^[6] Eleven years later, as Thomas Jefferson neared the halfway indicate of his second term, he wrote,

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

Since Washington fabricated his historic proclamation, numerous academics and public figures have looked at his decision to retire after 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 i person, or the presidency equally a whole, accumulating too 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.^{[four] [9]} 3 of the next four presidents later Jefferson—James Madison, James Monroe, and Andrew Jackson—served two terms, and each adhered to the ii-term principle;^[1] 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.^[9] At the commencement of the Ceremonious 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 unmarried six-year term.

In spite of the stiff two-term tradition, a few presidents earlier Roosevelt attempted to secure a third term. Following Ulysses Southward. Grant's reelection in 1872, there were serious discussions within Republican political circles about the possibility of his running once more in 1876. But interest in a third term for Grant evaporated in the lite of negative public opinion and opposition from members of Congress, and Grant left the presidency in 1877 after two terms. Nonetheless, as the 1880 election approached, he sought nomination for a (non-consecutive) third term at the 1880 Republican National Convention, just narrowly lost to James Garfield, who won the 1880 election.^[nine]

Theodore Roosevelt succeeded to the presidency on September fourteen, 1901, post-obit William McKinley's bump-off (194 days into his second term), and was handily elected to a total term in 1904. He declined to seek a third (2d full) term in 1908, but did run again in the ballot 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 some other campaign, but Wilson however asked that his name be placed in nomination for the presidency at the 1920 Democratic National Convention.^[10] Democratic Party leaders were unwilling to back up Wilson, and the nomination went to James M. Cox, who lost to Warren G. Harding. Wilson once more contemplated running for a (nonconsecutive) third term in 1924, devising a strategy for his comeback, simply again lacked whatever back up; he died in February of that yr.^[eleven]

Franklin Roosevelt spent the months leading upward 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 Full general James Farley, appear their candidacies for the Democratic nomination. When the convention came, Roosevelt sent a bulletin to the convention saying he would run simply 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'due south first ballot.^{[9] [12]} Roosevelt won a decisive victory over Republican Wendell Willkie, becoming the kickoff (and to engagement only) president to exceed eight years in office. His conclusion to seek a tertiary term dominated the election campaign.^[13] Willkie ran against 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 E. Dewey in the 1944 election. Near the terminate of the entrada, Dewey appear his support of a constitutional subpoena to limit presidents to two terms. Co-ordinate to Dewey, "four terms, or sixteen years (a direct reference to the president'southward tenure in part four years hence), is the nigh dangerous threat to our freedom ever proposed."^[14] He also discreetly raised the issue of the president's age. Roosevelt exuded plenty energy and charisma to retain voters' confidence and was elected to a 4th term.^[xv]

While he quelled rumors of poor health during the campaign, Roosevelt'south health was deteriorating. On April 12, 1945, only 82 days later his fourth inauguration, he suffered a cerebral hemorrhage and died, to exist succeeded by Vice President Harry Truman.^[16] In the midterm elections eighteen 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 support 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 it convened in January 1947.^[viii]

Proposal and ratification [edit]

Proposal in Congress [edit]

The House of Representatives took quick action, approving a proposed ramble amendment (House Joint Resolution 27) setting a limit of two four-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 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 land legislatures, and by prohibiting any person who had served more than than 365 days in each of two terms from further presidential service. Both these provisions were removed when the full Senate took upwardly the nib, but a new provision was, nevertheless, added. Put frontwards by Robert A. Taft, it 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.^{[one] [xviii]}

On March 21, the House agreed to the Senate'south revisions and approved the resolution to amend the Constitution. Afterward, the amendment imposing term limitations on futurity presidents was submitted to u.s.a. for ratification. The ratification process was completed on February 27, 1951, 3 years, 343 days later it was sent to the states.^{[nineteen] [20]}

Ratification by usa [edit]

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

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

Conversely, 2 states—Oklahoma and Massachusetts—rejected the amendment, while five (Arizona, Kentucky, Rhode Island, Washington, and West Virginia) took no action.^[eighteen]

Effect [edit]

Because of the grandfather clause in Department 1, the subpoena did not utilise to Harry S. Truman, equally he was the incumbent president at the time it came into force. Truman, who had served virtually all of Franklin Roosevelt'south unexpired fourth 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 around 27%,^{[21] [22]} and after a poor performance in the 1952 New Hampshire primary, Truman chose not to seek his party'south nomination. Since becoming operative in 1951, the amendment has been applicable to half-dozen presidents who have been elected twice: Dwight D. Eisenhower, Richard Nixon, Ronald Reagan, Bill Clinton, George 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 beingness elected to the presidency more than twice. Questions accept been raised about the amendment'due south 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 exist eligible to that of Vice-President of the United States."^[23] While the 12th Subpoena stipulates that the constitutional qualifications of historic period, citizenship, and residency use to the president and vice president, it is unclear whether someone who is ineligible to exist elected president due to term limits could be elected vice president. Because of the ambivalence, a two-term onetime president could possibly be elected vice president and so succeed to the presidency as a result of the incumbent'due south death, resignation, or removal from office, or succeed to the presidency from some other stated office in the presidential line of succession.^{[ix] [24]}

Some contend that the 22nd Amendment and 12th Amendment bar any two-term president from afterward serving every bit vice president as well equally from succeeding to the presidency from any point in the presidential line of succession.^[25] Others contend that the original intent of the 12th Amendment concerns qualification for service (historic period, residence, and citizenship), while the 22nd Amendment, concerns qualifications for election, and thus a former 2-term president is all the same eligible to serve as vice president. Neither subpoena restricts the number of times someone can be elected to the vice presidency and then succeed to the presidency to serve out the balance of the term, although the person could be prohibited from running for ballot to an boosted term.^{[26] [27]}

The practical applicability of this distinction has not been tested, equally no twice-elected president has always been nominated for the vice presidency. While Hillary Clinton once suggested she considered quondam President Beak Clinton as her running mate,^[28] the ramble question remains unresolved.^[1]

Attempts at repeal [edit]

Over the years, several presidents accept voiced their antipathy toward the subpoena. Later on leaving office, Harry Truman described the amendment every bit stupid and ane of the worst amendments of the Constitution with the exception of the Prohibition Subpoena.^[29] A few days before leaving part in January 1989, President Ronald Reagan said he would push for a repeal of the 22nd Subpoena because he thought it infringed on people'southward democratic rights.^[thirty] In a November 2000 interview with Rolling Stone, President Bill Clinton suggested that the 22nd Amendment should be contradistinct to limit presidents to 2 sequent terms simply then allow not-consecutive terms, considering of longer life expectancies.^[31] Donald Trump questioned presidential term limits on multiple occasions while in role, and in public remarks talked about serving beyond the limits of the 22nd Amendment. During an Apr 2019 White House outcome for the Wounded Warrior Project, he suggested he would remain president for 10 to 14 years.^{[32] [33]}

The first efforts in Congress to repeal the 22nd Amendment were undertaken in 1956, five years after the amendment'south 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 E. Serrano, Autonomous representative for New York, introduced nine resolutions (one per Congress, all unsuccessful) to repeal the amendment.^[34] Repeal has likewise been supported by Representatives Barney Frank and David Dreier and Senators Mitch McConnell^[35] and Harry Reid.^[36]

Come across as well [edit]

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

References [edit]

1. ^ ^{a b c d e} Neale, Thomas H. (October 19, 2009). "Presidential Terms and Tenure: Perspectives and Proposals for Change" (PDF). Washington, D.C.: Congressional Enquiry Service, The Library of Congress. Archived (PDF) from the original on April 12, 2019. Retrieved March 22, 2018.
2. ^ "FDR's third-term ballot and the 22nd amendment - National Constitution Center". National Constitution Center – constitutioncenter.org . Retrieved September thirty, 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. 39–40. Retrieved March 22, 2018.
4. ^ ^{a b} Buckley, F. H.; Metzger, Gillian. "Twenty-2d Amendment". The Interactive Constitution. Philadelphia, Pennsylvania: The National Constitution Center. Archived from the original on January 14, 2021. Retrieved March nineteen, 2018.
5. ^ Start draft U.S.CONST., art. X, section ane.
6. ^ Ferling, John (2009). The Ascent of George Washington: The Subconscious Political Genius of an American Icon. New York: Bloomsbury Press. pp. 347–348. ISBN978-1-59691-465-0.
7. ^ Jefferson, Thomas (December ten, 1807). "Letter of the alphabet to the Legislature of Vermont". Ashland, Ohio: TeachingAmericanHistory.org. Archived from the original on January 14, 2021. Retrieved March 19, 2018.
8. ^ ^{a b} Peabody, Bruce. "Presidential Term Limit". The Heritage Foundation. Archived from the original on July 24, 2017. Retrieved January x, 2017.
9. ^ ^{a b c d eastward f} Peabody, Bruce Grand.; Gant, Scott Due east. (Feb 1999). "The Twice and Hereafter President: Constitutional Interstices and the Twenty-Second Amendment". Minnesota Law Review. Minneapolis: University of Minnesota Law School. 83 (3): 565–635. Archived from the original on Jan 15, 2013. Retrieved June 12, 2015.
10. ^ Pietrusza, David (2007). The Twelvemonth 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 Press. pp. 260–262. ISBN9780313305207.
12. ^ Rosen, Elliot A. (1997). "'Non Worth a Pitcher of Warm Piss': John Nance Garner as Vice President". In Walch, Timothy (ed.). At the President'due south Side: The Vice Presidency in the Twentieth Century. Columbia, Missouri: Academy of Missouri Printing. 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 Center. Archived from the original on January fourteen, 2021. Retrieved June 29, 2014.
14. ^ Jordan, David G. (2011). FDR, Dewey, and the Election of 1944. Bloomington, Indiana: Indiana University Press. p. 290. ISBN978-0-253-35683-3.
15. ^ Leuchtenburg, William E. "Franklin D. Roosevelt: Campaigns and Elections". Charlottesville, Virginia: Miller Center of Public Affairs, University of Virginia. Archived from the original on January fourteen, 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 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 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 Heart. Archived from the original on February 20, 2020. Retrieved June 7, 2020.
20. ^ Mount, Steve. "Ratification of Constitutional Amendments". usconstitution.internet. Archived from the original on April 23, 2018. Retrieved June nine, 2020.
21. ^ Weldon, Kathleen (August eleven, 2015). "The Public and the 22nd Amendment: Third Terms and Lame Ducks". Huffington Postal service. Archived from the original on Jan 14, 2021. Retrieved March 27, 2018.
22. ^ Peters, Gerhard; Woolley, John T. "Presidential Job Approval: F. Roosevelt (1941)—Trump". Data 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's 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 Y'all Think It Says". Blandon, Pennsylvania: Cornerstone Law House. Archived from the original on January 14, 2021. Retrieved Nov half dozen, 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 East.; Peabody, Bruce G. (June thirteen, 2006). "How to bring dorsum Pecker: 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 (Winter 1999). "Opposition to the 22nd Amendment: The National Commission Confronting 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 (iii): 133–148. doi:ten.3138/CRAS-029-03-06. S2CID 159908265.
30. ^ Reagan, Ronald (January xviii, 1989). "President Reagan Says He Volition 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. Dec vii, 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 equally president". Business Insider. Archived from the original on January 14, 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 January 14, 2021. Retrieved September 14, 2019.
34. ^ "H.J.Res. 15 (113th): Proposing an subpoena to the Constitution of the United states of america to repeal the twenty-2nd article of amendment, thereby removing the limitation on the number of terms an individual may serve as President". Washington, D.C.: GovTrack, a projection of Civic Impulse, LLC. 2013. Archived from the original on January 14, 2021. Retrieved March 23, 2018.
35. ^ "Pecker 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 nineteen, 2018.

External links [edit]

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

rosastoletterese.blogspot.com

Source: https://en.wikipedia.org/wiki/Twenty-second_Amendment_to_the_United_States_Constitution#:~:text=The%20amendment%20prohibits%20anyone%20who,twice%20from%20being%20elected%20again.

Share this post