Can Obama Run for Pres Again

1951 subpoena 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 office of President of the United States to ii, and sets additional eligibility conditions for presidents who succeed to the unexpired terms of their predecessors.^[1]

Until the subpoena's ratification, the president had non been subject to term limits, but George Washington had established a two-term tradition that many other presidents followed. Only in the 1940 and 1944 presidential elections, Franklin D. Roosevelt became the offset president to win third and quaternary terms, giving rise to concerns about a president serving unlimited terms. Later Roosevelt'due 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 20-2d Amendment on March 21, 1947, and submitted it to the state 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 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 beingness elected over again. Under the amendment, someone who fills an unexpired presidential term lasting more two years is too prohibited from beingness elected president more in one case. Scholars debate whether the amendment prohibits afflicted individuals from succeeding to the presidency nether any circumstances or whether it applies only to presidential elections.

Text [edit]

Section 1. No person shall be elected to the function of the President more than twice, and no person who has held the office of President, or acted as President, for more than ii years of a term to which some other person was elected President shall exist elected to the office of the President more than than once. But this Article shall not employ to any person holding the function of President when this Article was proposed by the Congress, and shall not preclude any person who may be holding the role of President, or acting as President, during the term within which this Commodity becomes operative from holding the role of President or acting equally President during the remainder 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 three-fourths of the several states inside seven years from the date of its submission to us past the Congress.^[3]

Background [edit]

The Twenty-second Amendment was a reaction to Franklin D. Roosevelt's ballot to an unprecedented four terms as president, only 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 as who would elect the president, and the president'southward role). Many, including Alexander Hamilton and James Madison, supported lifetime tenure for presidents, while others favored fixed terms. Virginia's George Stonemason denounced the life-tenure proposal as tantamount to elective monarchy.^[4] An early draft of the U.Due south. Constitution provided that the president was restricted to one seven-year term.^[five] Ultimately, the Framers approved four-year terms with no restriction 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 yr in 1796, Washington was exhausted from years of public service, and his health had begun to turn down. 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 3rd term, a conclusion he announced to the nation in his September 1796 Farewell Address.^[half-dozen] Eleven 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 fixed by the Constitution, or supplied past practice, his office, nominally for years, will in fact, go for life; and history shows how easily that degenerates into an inheritance.^[seven]

Since Washington made his historic announcement, numerous academics and public figures take looked at his determination to retire after 2 terms, and have, according to political scientist Bruce Peabody, "argued he had established a two-term tradition that served every bit a vital check confronting any ane person, or the presidency equally a whole, accumulating likewise much ability".^[8] Various amendments aimed at changing informal precedent to ramble constabulary were proposed in Congress in the early to mid-19th century, but none passed.^{[4] [ix]} Three of the next four presidents after Jefferson—James Madison, James Monroe, and Andrew Jackson—served ii terms, and each adhered to the 2-term principle;^[i] Martin Van Buren was the but president between Jackson and Abraham Lincoln to be nominated for a second term, though he lost the 1840 election and so served but one term.^[ix] At the outset of the Civil State of war the seceding States drafted the Constitution of the Confederate States of America, which in almost respects resembled the The states Constitution, just limited the president to a unmarried six-year term.

In spite of the potent two-term tradition, a few presidents before Roosevelt attempted to secure a 3rd term. Following Ulysses Due south. Grant's reelection in 1872, in that location were serious discussions within Republican political circles nearly the possibility of his running once more in 1876. But 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 on 2 terms. Yet, equally the 1880 ballot approached, he sought nomination for a (non-consecutive) third term at the 1880 Republican National Convention, but narrowly lost to James Garfield, who won the 1880 election.^[ix]

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 full term in 1904. He declined to seek a third (second 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 third term. Many of his advisers tried to convince him that his wellness precluded another campaign, but Wilson however asked that his name be placed in nomination for the presidency at the 1920 Autonomous National Convention.^[10] Democratic Party leaders were unwilling to back up Wilson, and the nomination went to James Yard. 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, but over again lacked whatsoever support; 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 proverb he would run simply if drafted, proverb delegates were gratuitous 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's outset election.^{[nine] [12]} Roosevelt won a decisive victory over Republican Wendell Willkie, becoming the beginning (and to date only) president to exceed eight years in office. His conclusion to seek a third term dominated the election entrada.^[13] Willkie ran against the open-concluded presidential tenure, while Democrats cited the state of war in Europe every bit a reason for breaking with precedent.^[ix]

Four years afterward, Roosevelt faced Republican Thomas Due east. Dewey in the 1944 election. Near the end of the campaign, Dewey announced his support of a constitutional amendment to limit presidents to ii terms. Co-ordinate to Dewey, "iv terms, or sixteen years (a direct reference to the president's tenure in office four years hence), is the about unsafe threat to our liberty ever proposed."^[xiv] He also discreetly raised the issue of the president's historic period. Roosevelt exuded enough free energy and charisma to retain voters' confidence and was elected to a quaternary term.^[15]

While he quelled rumors of poor health during the campaign, Roosevelt's health was deteriorating. On April 12, 1945, only 82 days after his fourth inauguration, he suffered a cognitive hemorrhage and died, to be succeeded by Vice President Harry Truman.^[sixteen] In the midterm elections xviii months after, Republicans took control of the House and the Senate. As many of them had campaigned on the issue of presidential tenure, declaring their support for a ramble amendment that would limit how long a person could serve as president, the outcome was given priority in the 80th Congress when it convened in January 1947.^[eight]

Proposal and ratification [edit]

Proposal in Congress [edit]

The Business firm of Representatives took quick activity, approving a proposed ramble subpoena (House Joint Resolution 27) setting a limit of two 4-year terms for future 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 ain proposed amendment, which initially differed from the House proposal by requiring that the amendment be submitted to state ratifying conventions for ratification, rather than to the country legislatures, and by prohibiting whatever person who had served more than 365 days in each of 2 terms from farther presidential service. Both these provisions were removed when the full Senate took up the bill, but a new provision was, however, added. Put forrad by Robert A. Taft, it clarified procedures governing the number of times a vice president who succeeded to the presidency might exist elected to office. The amended proposal was passed 59–23, with xvi Democrats in favor, on March 12.^{[1] [xviii]}

On March 21, the House agreed to the Senate's revisions and canonical the resolution to amend the Constitution. Afterward, the amendment imposing term limitations on hereafter presidents was submitted to the states for ratification. The ratification process was completed on Feb 27, 1951, 3 years, 343 days subsequently information technology was sent to us.^{[19] [20]}

Ratification by the states [edit]

A map of how u.s. voted on the Xx-2nd Subpoena

Once submitted to u.s., 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 i, 1947
5. New Hampshire: Apr 1, 1947
6. Delaware: April two, 1947
7. Illinois: April 3, 1947
8. Oregon: Apr 3, 1947
9. Colorado: April 12, 1947
10. California: Apr 15, 1947
11. New Jersey: April 15, 1947
12. Vermont: Apr xv, 1947
13. Ohio: April 16, 1947
14. Wisconsin: April xvi, 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: February 12, 1948
21. New York: March ix, 1948
22. South Dakota: January 21, 1949
23. North Dakota: February 25, 1949
24. Louisiana: May 17, 1950
25. Montana: Jan 25, 1951
26. Indiana: January 29, 1951
27. Idaho: January xxx, 1951
28. New United mexican states: February 12, 1951
29. Wyoming: February 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: Feb 26, 1951
36. Minnesota: Feb 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 document proclaiming the 22nd Amendment duly ratified and part of the Constitution. The amendment was subsequently ratified by:^[3]
37. North Carolina: February 28, 1951
38. South Carolina: March 13, 1951
39. Maryland: March 14, 1951
40. Florida: April xvi, 1951
41. Alabama: May 4, 1951

Conversely, ii states—Oklahoma and Massachusetts—rejected the amendment, while 5 (Arizona, Kentucky, Rhode Isle, Washington, and West Virginia) took no action.^[18]

Effect [edit]

Because of the grandfather clause in Department 1, the amendment did not use to Harry S. Truman, equally he was the incumbent president at the time it came into forcefulness. 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 job approving rating at around 27%,^{[21] [22]} and after a poor performance in the 1952 New Hampshire primary, Truman chose not to seek his party'due south nomination. Since becoming operative in 1951, the amendment has been applicative to six presidents who have been elected twice: Dwight D. Eisenhower, Richard Nixon, Ronald Reagan, Bill Clinton, George W. Bush, and Barack Obama.

Interaction with the Twelfth Amendment [edit]

Equally worded, the focus of the 22nd Amendment is on limiting individuals from being elected to the presidency more than twice. Questions take been raised about the amendment's meaning and application, especially in relation to the 12th Amendment, ratified in 1804, which states, "no person constitutionally ineligible to the part of President shall be eligible to that of Vice-President of the United States."^[23] While the 12th Amendment stipulates that the constitutional qualifications of age, citizenship, and residency apply to the president and vice president, it is unclear whether someone who is ineligible to be elected president due to term limits could be elected vice president. Because of the ambiguity, a ii-term former president could possibly be elected vice president and and then succeed to the presidency as a result of the incumbent's death, resignation, or removal from part, or succeed to the presidency from some other stated office in the presidential line of succession.^{[9] [24]}

Some contend that the 22nd Amendment and 12th Amendment bar any 2-term president from subsequently serving as vice president every bit well as from succeeding to the presidency from whatsoever indicate in the presidential line of succession.^[25] Others debate that the original intent of the twelfth Amendment concerns qualification for service (historic period, residence, and citizenship), while the 22nd Amendment, concerns qualifications for election, and thus a former ii-term president is withal eligible to serve every bit 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 balance 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, every bit no twice-elected president has ever been nominated for the vice presidency. While Hillary Clinton once suggested she considered erstwhile President Bill Clinton as her running mate,^[28] the ramble question remains unresolved.^[1]

Attempts at repeal [edit]

Over the years, several presidents have voiced their antipathy toward the amendment. Afterward leaving office, 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 January 1989, President Ronald Reagan said he would push button for a repeal of the 22nd Amendment because he thought it infringed on people's democratic rights.^[xxx] In a November 2000 interview with Rolling Stone, President Bill Clinton suggested that the 22nd Amendment should exist altered to limit presidents to two sequent terms but so let 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 nearly serving across the limits of the 22nd Amendment. During an Apr 2022 White Business firm event for the Wounded Warrior Project, he suggested he would remain president for 10 to xiv years.^{[32] [33]}

The outset 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 (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]

Run across also [edit]

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

References [edit]

1. ^ ^{a b c d eastward} Neale, Thomas H. (October 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's tertiary-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 United 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 Center. Archived from the original on January fourteen, 2021. Retrieved March nineteen, 2018.
5. ^ Offset draft U.s.CONST., fine art. X, section i.
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 x, 1807). "Alphabetic character to the Legislature of Vermont". Ashland, Ohio: TeachingAmericanHistory.org. Archived from the original on Jan 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 10, 2017.
9. ^ ^{a b c d e f} Peabody, Bruce 1000.; Gant, Scott E. (Feb 1999). "The Twice and Future President: Ramble Interstices and the Twenty-2d Amendment". Minnesota Law Review. Minneapolis: University of Minnesota Law School. 83 (iii): 565–635. Archived from the original on January 15, 2013. Retrieved June 12, 2015.
10. ^ Pietrusza, David (2007). The Yr of the Six Presidents. New York: Carroll and Graf. pp. 187–200. ISBN978-0-78671-622-7.
11. ^ Saunders, Robert Yard. (1998). In Search of Woodrow Wilson: Beliefs and Beliefs. Westport, Connecticut: Greenwood Press. 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'southward 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 xiv, 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 Affairs, Academy of Virginia. Archived from the original on January 14, 2021. Retrieved March 20, 2018.
16. ^ Leuchtenburg, William E. "Franklin D. Roosevelt: Expiry 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 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 Constitutional Amendments". usconstitution.net. Archived from the original on April 23, 2018. Retrieved June nine, 2020.
21. ^ Weldon, Kathleen (August 11, 2015). "The Public and the 22nd Amendment: Third Terms and Lame Ducks". Huffington Postal service. Archived from the original on Jan xiv, 2021. Retrieved March 27, 2018.
22. ^ Peters, Gerhard; Woolley, John T. "Presidential Job Approving: 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 xiv, 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 Jan 14, 2021. Retrieved March 11, 2018.
24. ^ Set, Joel A. "The 22nd Amendment Doesn't Say What You lot Remember It Says". Blandon, Pennsylvania: Cornerstone Police House. Archived from the original on January xiv, 2021. Retrieved November 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 E.; Peabody, Bruce M. (June 13, 2006). "How to bring back Pecker: A Clinton-Clinton 2008 ticket is constitutionally possible". The Christian Science Monitor. Archived from the original on Jan 14, 2021. Retrieved June 12, 2008.
28. ^ LoBianco, Tom (September 15, 2015). "Hillary Clinton: Nib 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 Amendment: The National Committee Against Limiting the Presidency and its Activities, 1949-1951". Canadian Review of American Studies. University of Toronto Printing on behalf of the Canadian Association 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 (January 18, 1989). "President Reagan Says He Will 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 3rd Term". ABC News. December 7, 2000. Archived from the original on January 14, 2021. Retrieved March 26, 2018.
32. ^ Einbinder, Nicole (June 17, 2019). "Trump suggested his supporters desire him to serve more than two terms equally president". Business organization 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 fourteen, 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-2d article of amendment, thereby removing the limitation on the number of terms an individual may serve as President". Washington, D.C.: GovTrack, a project of Civic Impulse, LLC. 2013. Archived from the original on Jan 14, 2021. Retrieved March 23, 2018.
35. ^ "Bill to Repeal the 22nd Subpoena". Snopes.com . Retrieved October 19, 2018.
36. ^ potus_geeks (Feb 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 Us Constitution: 20-second Amendment
• CRS Annotated Constitution: 20-2d Subpoena

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

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