If a Presidential Candidate Lost Can He Run Again

1951 amendment limiting presidents to two terms

The Twenty-2nd Amendment (Subpoena 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 2, and sets additional eligibility atmospheric condition for presidents who succeed to the unexpired terms of their predecessors.^[1] Congress approved the Twenty-2d Amendment on March 21, 1947, and submitted it to the state legislatures for ratification. That process was completed on February 27, 1951, when the requisite 36 of the 48 states had ratified the subpoena (neither Alaska nor Hawaii had nonetheless 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. Under the amendment, someone who fills an unexpired presidential term lasting more than than 2 years is also prohibited from existence elected president more than once. Scholars debate whether the amendment prohibits affected individuals from succeeding to the presidency under whatever circumstances or whether it applies only to presidential elections. Until the amendment's ratification, the president had not been subject to term limits, merely both George Washington and Thomas Jefferson (the first and tertiary presidents) decided not to serve a third term, establishing a two-term tradition that subsequent presidents followed. In the 1940 and 1944 presidential elections, Franklin D. Roosevelt became the starting time president to win third and quaternary terms, giving rise to concerns about a president serving unlimited terms.^[2]

Text [edit]

Section ane. No person shall exist elected to the role of the President more than than twice, and no person who has held the office of President, or acted as President, for more than than ii years of a term to which another person was elected President shall be elected to the office of the President more than once. Merely this Article shall non apply to any person holding the role of President when this Article was proposed by the Congress, and shall non prevent whatever person who may be belongings the office of President, or interim as President, during the term within which this Commodity becomes operative from holding the office of President or acting equally President during the remainder of such term.

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

Background [edit]

The Twenty-2nd Subpoena was a reaction to Franklin D. Roosevelt's ballot to an unprecedented four terms every bit president, but presidential term limits had long been debated in American politics. Delegates to the Constitutional Convention of 1787 considered the upshot extensively (alongside broader questions, such equally who would elect the president, and the president'due south role). Many, including Alexander Hamilton and James Madison, supported lifetime tenure for presidents, while others favored fixed terms. Virginia's George Mason denounced the life-tenure proposal as tantamount to elective monarchy.^[4] An early on typhoon of the U.South. Constitution provided that the president was restricted to one seven-year term.^[5] Ultimately, the Framers approved 4-year terms with no brake on how many times a person could be elected president.

Though dismissed past the Constitutional Convention, term limits for U.S. presidents were contemplated during the presidencies of George Washington and Thomas Jefferson. As his second term entered its last twelvemonth in 1796, Washington was wearied from years of public service, and his health had begun to decline. He was besides bothered past his political opponents' unrelenting attacks, which had escalated afterward 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 announced to the nation in his September 1796 Farewell Address.^[6] 11 years afterwards, equally 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 past the Constitution, or supplied by practice, his office, nominally for years, will in fact, get for life; and history shows how easily that degenerates into an inheritance.^[7]

Since Washington made his historic annunciation, numerous academics and public figures take looked at his decision to retire after two terms, and take, according to political scientist Bruce Peabody, "argued he had established a ii-term tradition that served equally a vital cheque confronting whatever 1 person, or the presidency equally a whole, accumulating too much power".^[8] Various amendments aimed at changing informal precedent to constitutional police were proposed in Congress in the early on to mid-19th century, but none passed.^{[four] [9]} Iii of the side by side four presidents after Jefferson—James Madison, James Monroe, and Andrew Jackson—served two terms, and each adhered to the two-term principle;^[one] Martin Van Buren was the only president betwixt Jackson and Abraham Lincoln to exist nominated for a second term, though he lost the 1840 election and then served but one term.^[9] At the outset of the Civil War the seceding States drafted the Constitution of the Amalgamated States of America, which in near respects resembled the U.s.a. Constitution, merely limited the president to a single half dozen-yr term.

In spite of the strong ii-term tradition, a few presidents before Roosevelt attempted to secure a tertiary term. Post-obit Ulysses S. Grant's reelection in 1872, there were serious discussions within Republican political circles about the possibility of his running once again in 1876. But interest in a third term for Grant evaporated in the light of negative public stance and opposition from members of Congress, and Grant left the presidency in 1877 after two terms. Even so, equally 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.^[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 third (2d total) 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 third term. Many of his advisers tried to convince him that his health precluded some other campaign, merely Wilson nonetheless asked that his proper name exist placed in nomination for the presidency at the 1920 Democratic National Convention.^[10] Democratic Political 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) third term in 1924, devising a strategy for his comeback, but again lacked any support; he died in February of that twelvemonth.^[eleven]

Franklin Roosevelt spent the months leading up 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, appear their candidacies for the Autonomous nomination. When the convention came, Roosevelt sent a message to the convention maxim he would run only if drafted, proverb delegates were complimentary to vote for whomever they pleased. This message was interpreted to hateful he was willing to be drafted, and he was renominated on the convention's first ballot.^{[9] [12]} Roosevelt won a decisive victory over Republican Wendell Willkie, becoming the start (and to date only) president to exceed viii years in office. His decision to seek a third term dominated the ballot campaign.^[13] Willkie ran against the open-ended presidential tenure, while Democrats cited the state of war in Europe as a reason for breaking with precedent.^[9]

Four years later, Roosevelt faced Republican Thomas E. Dewey in the 1944 ballot. Well-nigh the stop of the campaign, Dewey announced his support of a constitutional amendment to limit presidents to ii terms. Co-ordinate to Dewey, "four terms, or sixteen years (a direct reference to the president's tenure in office 4 years hence), is the most dangerous threat to our freedom ever proposed."^[fourteen] He as well discreetly raised the issue of the president'due south 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 wellness during the campaign, Roosevelt'southward health was deteriorating. On April 12, 1945, merely 82 days afterwards his fourth inauguration, he suffered a cognitive hemorrhage and died, to be succeeded by Vice President Harry Truman.^[16] In the midterm elections 18 months subsequently, Republicans took control of the House and the Senate. Equally many of them had campaigned on the consequence of presidential tenure, declaring their back up for a ramble amendment that would limit how long a person could serve as president, the result was given priority in the 80th Congress when it convened in January 1947.^[viii]

Proposal and ratification [edit]

Proposal in Congress [edit]

The Firm of Representatives took quick activeness, approving a proposed constitutional amendment (Firm Joint Resolution 27) setting a limit of two 4-twelvemonth terms for future presidents. Introduced past Earl C. Michener, the measure out passed 285–121, with support from 47 Democrats, on February 6, 1947.^[17] Meanwhile, the Senate adult its own proposed amendment, which initially differed from the Business firm proposal past requiring that the amendment be submitted to state ratifying conventions for ratification, rather than to the state legislatures, and by 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, it antiseptic 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 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 ameliorate the Constitution. Afterward, the amendment imposing term limitations on future presidents was submitted to u.s.a. for ratification. The ratification process was completed on February 27, 1951, 3 years, 343 days subsequently information technology was sent to united states of america.^{[nineteen] [20]}

Ratification by the states [edit]

A map of how the states voted on the Twenty-second Amendment

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

1. Maine: March 31, 1947
2. Michigan: March 31, 1947
3. Iowa: Apr 1, 1947
4. Kansas: Apr i, 1947
5. New Hampshire: April 1, 1947
6. Delaware: Apr 2, 1947
7. Illinois: April three, 1947
8. Oregon: April three, 1947
9. Colorado: April 12, 1947
10. California: April 15, 1947
11. New Jersey: April 15, 1947
12. Vermont: April fifteen, 1947
13. Ohio: Apr 16, 1947
14. Wisconsin: April sixteen, 1947
15. Pennsylvania: April 29, 1947
16. Connecticut: May 21, 1947
17. Missouri: May 22, 1947
18. Nebraska: May 23, 1947
19. Virginia: Jan 28, 1948
20. Mississippi: Feb 12, 1948
21. New York: March 9, 1948
22. South Dakota: January 21, 1949
23. North Dakota: February 25, 1949
24. Louisiana: May 17, 1950
25. Montana: January 25, 1951
26. Indiana: January 29, 1951
27. Idaho: Jan xxx, 1951
28. New Mexico: Feb 12, 1951
29. Wyoming: February 12, 1951
30. Arkansas: February 15, 1951
31. Georgia: Feb 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 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. S Carolina: March 13, 1951
39. Maryland: March 14, 1951
40. Florida: April sixteen, 1951
41. Alabama: May 4, 1951

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

Event [edit]

Because of the grandfather clause in Department i, the amendment did not apply to Harry S. Truman, every bit he was the incumbent president at the fourth dimension information technology came into force. Truman, who had served most all of Franklin Roosevelt's 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 effectually 27%,^{[21] [22]} and later on a poor performance in the 1952 New Hampshire primary, Truman chose non to seek his party's nomination. Since becoming operative in 1951, the subpoena has been applicable 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]

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 about the amendment's 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 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 be elected vice president. Because of the ambiguity, a two-term former president could possibly exist elected vice president and and then succeed to the presidency as a effect of the incumbent'southward death, resignation, or removal from office, or succeed to the presidency from some other stated part in the presidential line of succession.^{[9] [24]}

Some argue that the 22nd Amendment and 12th Subpoena bar any 2-term president from later serving as vice president as well as from succeeding to the presidency from whatsoever point 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 Amendment, concerns qualifications for ballot, and thus a former two-term president is even so 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 balance of the term, although the person could exist prohibited from running for election to an additional term.^{[26] [27]}

The applied applicability of this distinction has not been tested, equally no twice-elected president has ever been nominated for the vice presidency. While Hillary Clinton once suggested she considered former President Beak 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. After leaving office, Harry Truman described the amendment as stupid and 1 of the worst amendments of the Constitution with the exception of the Prohibition Subpoena.^[29] A few days earlier leaving function 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'southward democratic rights.^[30] In a November 2000 interview with Rolling Stone, President Nib Clinton suggested that the 22nd Amendment should be altered to limit presidents to two consecutive terms but and then allow non-consecutive terms, because of longer life expectancies.^[31] Donald Trump questioned presidential term limits on multiple occasions while in role, and in public remarks talked near serving beyond the limits of the 22nd Amendment. During an April 2019 White Firm upshot for the Wounded Warrior Project, he suggested he would remain president for 10 to 14 years.^{[32] [33]}

The get-go efforts in Congress to repeal the 22nd Amendment were undertaken in 1956, five years after the amendment's ratification. Over the adjacent 50 years, 54 joint resolutions seeking to repeal the two-term presidential election limit were introduced.^[ane] Betwixt 1997 and 2013, José E. Serrano, Democratic representative for New York, introduced 9 resolutions (i per Congress, all unsuccessful) to repeal the subpoena.^[34] Repeal has besides 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 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'south tertiary-term election and the 22nd amendment". Philadelphia, Pennsylvania: National Constitution Heart. November 5, 2020. Retrieved April 29, 2022.
3. ^ ^{a b c} "Constitution of the U.s.a. of America: Analysis and Interpretation" (PDF). Washington, D.C.: Library of Congress. August 26, 2017. pp. 39–twoscore. Retrieved March 22, 2018.
4. ^ ^{a b} Buckley, F. H.; Metzger, Gillian. "Xx-second Amendment". The Interactive Constitution. Philadelphia, Pennsylvania: The National Constitution Center. Archived from the original on January 14, 2021. Retrieved March 19, 2018.
5. ^ First typhoon UsaCONST., art. X, section one.
6. ^ Ferling, John (2009). The Ascent of George Washington: The Hidden Political Genius of an American Icon. New York: Bloomsbury Printing. pp. 347–348. ISBN978-1-59691-465-0.
7. ^ Jefferson, Thomas (December x, 1807). "Letter to the Legislature of Vermont". Ashland, Ohio: TeachingAmericanHistory.org. Archived from the original on January 14, 2021. Retrieved March nineteen, 2018.
8. ^ ^{a b} Peabody, Bruce. "Presidential Term Limit". The Heritage Foundation. Archived from the original on July 24, 2017. Retrieved January ten, 2017.
9. ^ ^{a b c d e f} Peabody, Bruce G.; Gant, Scott Eastward. (February 1999). "The Twice and Future President: Ramble Interstices and the Twenty-2nd Amendment". Minnesota Police force Review. Minneapolis: University of Minnesota Police force School. 83 (iii): 565–635. Archived from the original on January fifteen, 2013. Retrieved June 12, 2015.
10. ^ Pietrusza, David (2007). The Yr of the Half dozen Presidents. New York: Carroll and Graf. pp. 187–200. ISBN978-0-78671-622-7.
11. ^ Saunders, Robert One thousand. (1998). In Search of Woodrow Wilson: Beliefs and Behavior. Westport, Connecticut: Greenwood Press. pp. 260–262. ISBN9780313305207.
12. ^ Rosen, Elliot A. (1997). "'Not Worth a Bullpen of Warm Piss': John Nance Garner equally 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'due south third-term decision and the 22nd amendment". Constitution Daily. Philadelphia, Pennsylvania: The National Constitution Heart. Archived from the original on January fourteen, 2021. Retrieved June 29, 2014.
14. ^ Jordan, David M. (2011). FDR, Dewey, and the Election of 1944. Bloomington, Indiana: Indiana University Press. p. 290. ISBN978-0-253-35683-three.
15. ^ Leuchtenburg, William E. "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: Death of the President". Charlottesville, Virginia: Miller Heart of Public Affairs, Academy of Virginia. Archived from the original on January xiv, 2021. Retrieved March xx, 2018.
17. ^ Congressional Quarterly. (1947). Limitations of Presidential Tenure. Congressional Quarterly Vol. 3. 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 Amendment: Two-Term Limit on Presidency". constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Heart. Archived from the original on February 20, 2020. Retrieved June seven, 2020.
20. ^ Mount, Steve. "Ratification of Constitutional Amendments". usconstitution.net. Archived from the original on Apr 23, 2018. Retrieved June 9, 2020.
21. ^ Weldon, Kathleen (August 11, 2015). "The Public and the 22nd Amendment: Third Terms and Lame Ducks". Huffington Mail. Archived from the original on January 14, 2021. Retrieved March 27, 2018.
22. ^ Peters, Gerhard; Woolley, John T. "Presidential Job Blessing: F. Roosevelt (1941)—Trump". Data adjusted from the Gallup Poll and compiled by Gerhard Peters. Santa Barbara, California: The American Presidency Project. Archived from the original on Jan 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 Jan 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 Jan 14, 2021. Retrieved November 6, 2017.
25. ^ Franck, Matthew J. (July 31, 2007). "Ramble Sleight of Paw". National Review. Archived from the original on June xiii, 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 i, 2005.
27. ^ Gant, Scott E.; Peabody, Bruce Thou. (June 13, 2006). "How to bring back Bill: A Clinton-Clinton 2008 ticket is constitutionally possible". The Christian Science Monitor. Archived from the original on January xiv, 2021. Retrieved June 12, 2008.
28. ^ LoBianco, Tom (September 15, 2015). "Hillary Clinton: Neb 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 Committee 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 Academy. 29 (iii): 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 by 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 Jan 14, 2021. Retrieved March 26, 2018.
32. ^ Einbinder, Nicole (June 17, 2019). "Trump suggested his supporters want him to serve more 2 terms equally president". Business Insider. Archived from the original on Jan 14, 2021. Retrieved September 14, 2019.
33. ^ Croucher, Shane (September xi, 2019). "Donald Trump Posts Paradigm 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 to repeal the twenty-second 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 Amendment". Snopes.com . Retrieved October 19, 2018.
36. ^ potus_geeks (February 27, 2012). "The 22nd Amendment". Archived from the original on Jan xiv, 2021. Retrieved October 19, 2018.

External links [edit]

• The Annenberg Guide to the United states Constitution: 20-second Amendment
• CRS Annotated Constitution: 20-second Amendment

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

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