If a Presidential Candidate Loses Can He Run Again

1951 amendment limiting presidents to two terms

The 20-2d Amendment (Amendment XXII) to the United States Constitution limits the number of times a person is eligible for ballot to the function of President of the United States to ii, and sets boosted eligibility conditions for presidents who succeed to the unexpired terms of their predecessors.^[i] Congress approved the Xx-second Amendment on March 21, 1947, and submitted it to the state legislatures for ratification. That process was completed on Feb 27, 1951, when the requisite 36 of the 48 states had ratified the amendment (neither Alaska nor Hawaii had yet been admitted equally states), and its provisions came into forcefulness 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 ii years is also prohibited from beingness 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, simply both George Washington and Thomas Jefferson (the start and third presidents) decided non to serve a 3rd term, establishing a two-term tradition that subsequent presidents followed. In the 1940 and 1944 presidential elections, Franklin D. Roosevelt became the commencement president to win third and fourth terms, giving rise to concerns about a president serving unlimited terms.^[2]

Text [edit]

Section 1. No person shall be elected to the office of the President more twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall exist elected to the office of the President more once. Only this Article shall not apply to any person holding the role of President when this Article was proposed by the Congress, and shall not prevent whatever person who may be holding the office of President, or acting as President, during the term within which this Commodity becomes operative from holding the function of President or acting as President during the residuum of such term.

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

Background [edit]

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

Though dismissed by the Constitutional Convention, term limits for U.S. presidents were contemplated during the presidencies of George Washington and Thomas Jefferson. Every bit his second term entered its final year in 1796, Washington was exhausted from years of public service, and his health had begun to pass up. He was as well bothered by his political opponents' unrelenting attacks, which had escalated afterward the signing of the Jay Treaty, and believed he had accomplished his major goals every bit president. For these reasons, he decided not to run for a tertiary term, a decision he announced to the nation in his September 1796 Good day Address.^[six] 11 years later, as Thomas Jefferson neared the halfway betoken of his second term, he wrote,

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

Since Washington fabricated his historic announcement, numerous academics and public figures have looked at his decision 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 bank check against whatever one person, or the presidency every bit a whole, accumulating too much power".^[8] Various amendments aimed at irresolute informal precedent to constitutional police were proposed in Congress in the early to mid-19th century, but none passed.^{[4] [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 2-term principle;^[1] Martin Van Buren was the only president between Jackson and Abraham Lincoln to be nominated for a second term, though he lost the 1840 election and so served only one term.^[nine] At the showtime of the Civil War the seceding States drafted the Constitution of the Amalgamated States of America, which in virtually respects resembled the United states Constitution, but express the president to a single six-year term.

In spite of the stiff two-term tradition, a few presidents before Roosevelt attempted to secure a third term. Following Ulysses Southward. Grant's reelection in 1872, in that location were serious discussions within Republican political circles about the possibility of his running again in 1876. Just interest in a third term for Grant evaporated in the light of negative public opinion and opposition from members of Congress, and Grant left the presidency in 1877 after two terms. Fifty-fifty and then, as the 1880 ballot 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 14, 1901, post-obit William McKinley'due south assassination (194 days into his second term), and was handily elected to a full term in 1904. He declined to seek a tertiary (second total) term in 1908, but did run once again in the election of 1912, losing to Woodrow Wilson. Wilson himself, despite his ill health post-obit a serious stroke, aspired to a third term. Many of his advisers tried to convince him that his health precluded another campaign, but Wilson withal asked that his name exist 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 1000. Cox, who lost to Warren Chiliad. Harding. Wilson once again contemplated running for a (nonconsecutive) third term in 1924, devising a strategy for his comeback, but again lacked whatever support; he died in February of that year.^[11]

Franklin Roosevelt spent the months leading upwardly to the 1940 Democratic National Convention refusing to say whether he would seek a tertiary term. His Vice President, John Nance Garner, along with Postmaster Full 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 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, condign the first (and to appointment only) president to exceed 8 years in office. His decision to seek a 3rd term dominated the election entrada.^[13] Willkie ran confronting the open-ended presidential tenure, while Democrats cited the war in Europe as a reason for breaking with precedent.^[9]

Iv years later, Roosevelt faced Republican Thomas E. Dewey in the 1944 election. Near the end of the campaign, Dewey appear his back up of a ramble amendment to limit presidents to two terms. According to Dewey, "4 terms, or sixteen years (a directly reference to the president's tenure in part four years hence), is the almost dangerous threat to our freedom ever proposed."^[14] He too discreetly raised the issue of the president's historic period. Roosevelt exuded enough energy and charisma to retain voters' confidence and was elected to a fourth term.^[xv]

While he quelled rumors of poor health during the entrada, Roosevelt'due south health was deteriorating. On April 12, 1945, only 82 days after his 4th inauguration, he suffered a cerebral hemorrhage and died, to exist succeeded by Vice President Harry Truman.^[xvi] In the midterm elections eighteen months later, Republicans took control of the Business firm and the Senate. Equally many of them had campaigned on the issue of presidential tenure, declaring their support for a constitutional subpoena that would limit how long a person could serve every bit president, the event was given priority in the 80th Congress when it convened in January 1947.^[eight]

Proposal and ratification [edit]

Proposal in Congress [edit]

The House of Representatives took quick activeness, approving a proposed constitutional amendment (House Joint Resolution 27) setting a limit of two iv-year terms for time to come 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 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 land 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 up the bill, but a new provision was, notwithstanding, added. Put forward by Robert A. Taft, it clarified procedures governing the number of times a vice president who succeeded to the presidency might be elected to role. The amended proposal was passed 59–23, with sixteen Democrats in favor, on March 12.^{[1] [18]}

On March 21, the House agreed to the Senate's revisions and approved the resolution to amend the Constitution. Afterward, the subpoena imposing term limitations on future presidents was submitted to the states for ratification. The ratification process was completed on Feb 27, 1951, three years, 343 days after it was sent to the states.^{[xix] [twenty]}

Ratification by usa [edit]

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

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

1. Maine: March 31, 1947
2. Michigan: March 31, 1947
3. Iowa: April 1, 1947
4. Kansas: Apr 1, 1947
5. New Hampshire: April one, 1947
6. Delaware: Apr ii, 1947
7. Illinois: Apr three, 1947
8. Oregon: April 3, 1947
9. Colorado: April 12, 1947
10. California: April 15, 1947
11. New Bailiwick of 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 9, 1948
22. South Dakota: Jan 21, 1949
23. Due north Dakota: February 25, 1949
24. Louisiana: May 17, 1950
25. Montana: January 25, 1951
26. Indiana: January 29, 1951
27. Idaho: Jan thirty, 1951
28. New Mexico: Feb 12, 1951
29. Wyoming: February 12, 1951
30. Arkansas: Feb fifteen, 1951
31. Georgia: Feb 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 General Services, Jess Larson, issued a certificate proclaiming the 22nd Amendment duly ratified and function of the Constitution. The subpoena was subsequently ratified past:^[3]
37. North Carolina: February 28, 1951
38. South Carolina: March 13, 1951
39. Maryland: March 14, 1951
40. Florida: April 16, 1951
41. Alabama: May iv, 1951

Conversely, two states—Oklahoma and Massachusetts—rejected the subpoena, while 5 (Arizona, Kentucky, Rhode Isle, Washington, and W Virginia) took no activeness.^[18]

Upshot [edit]

Because of the grandfather clause in Section i, the amendment did not apply to Harry S. Truman, as 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 full term in 1948, was thus eligible for reelection in 1952.^[13] Only with his task approval rating at effectually 27%,^{[21] [22]} and after a poor functioning in the 1952 New Hampshire master, Truman chose not to seek his party's nomination. Since condign operative in 1951, the amendment has been applicable to 6 presidents who accept been elected twice: Dwight D. Eisenhower, Richard Nixon, Ronald Reagan, Beak Clinton, George W. Bush, and Barack Obama.

Interaction with the Twelfth Amendment [edit]

As worded, the focus of the 22nd Subpoena is on limiting individuals from beingness elected to the presidency more than twice. Questions have been raised virtually the amendment's pregnant and application, especially in relation to the twelfth 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 12th Amendment stipulates that the constitutional qualifications of historic period, citizenship, and residency utilise to the president and vice president, it is unclear whether someone who is ineligible to be elected president due to term limits could exist elected vice president. Because of the ambiguity, a two-term former president could mayhap be elected vice president then succeed to the presidency equally a upshot of the incumbent'due south death, resignation, or removal from office, or succeed to the presidency from some other stated role in the presidential line of succession.^{[ix] [24]}

Some argue that the 22nd Subpoena and 12th Amendment bar any two-term president from later serving every bit vice president every bit well every bit from succeeding to the presidency from any betoken in the presidential line of succession.^[25] Others contend that the original intent of the twelfth Amendment concerns qualification for service (age, residence, and citizenship), while the 22nd Amendment, concerns qualifications for election, and thus a quondam two-term president is still 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 be prohibited from running for election to an additional term.^{[26] [27]}

The practical applicability of this distinction has non been tested, as no twice-elected president has always been nominated for the vice presidency. While Hillary Clinton once suggested she considered erstwhile President Bill Clinton as her running mate,^[28] the constitutional question remains unresolved.^[1]

Attempts at repeal [edit]

Over the years, several presidents have voiced their antipathy toward the subpoena. After 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 earlier leaving office in January 1989, President Ronald Reagan said he would push button for a repeal of the 22nd Amendment considering he thought it infringed on people'south autonomous rights.^[30] In a November 2000 interview with Rolling Stone, President Bill Clinton suggested that the 22nd Amendment should be contradistinct to limit presidents to two consecutive terms merely then allow non-sequent terms, considering of longer life expectancies.^[31] Donald Trump questioned presidential term limits on multiple occasions while in office, and in public remarks talked about serving beyond the limits of the 22nd Amendment. During an Apr 2019 White House event for the Wounded Warrior Project, he suggested he would remain president for x to 14 years.^{[32] [33]}

The get-go efforts in Congress to repeal the 22nd Amendment were undertaken in 1956, five years later on the amendment'south ratification. Over the next 50 years, 54 joint resolutions seeking to repeal the 2-term presidential election limit were introduced.^[i] Between 1997 and 2013, José Due east. Serrano, Democratic representative for New York, introduced 9 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]

See also [edit]

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

References [edit]

1. ^ ^{a b c d e} Neale, Thomas H. (Oct 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 April 12, 2019. Retrieved March 22, 2018.
2. ^ "FDR's third-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 United States of America: Analysis and Estimation" (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. "20-second Subpoena". The Interactive Constitution. Philadelphia, Pennsylvania: The National Constitution Middle. Archived from the original on January 14, 2021. Retrieved March nineteen, 2018.
5. ^ First typhoon The statesCONST., 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 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 Jan 10, 2017.
9. ^ ^{a b c d e f} Peabody, Bruce K.; Gant, Scott E. (February 1999). "The Twice and Future President: Constitutional Interstices and the Twenty-Second Amendment". Minnesota Law Review. Minneapolis: University of Minnesota Law Schoolhouse. 83 (3): 565–635. Archived from the original on January xv, 2013. Retrieved June 12, 2015.
10. ^ Pietrusza, David (2007). The Year of the Half-dozen Presidents. New York: Carroll and Graf. pp. 187–200. ISBN978-0-78671-622-7.
11. ^ Saunders, Robert K. (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 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 Printing. pp. 52–53. ISBN0-8262-1133-X . Retrieved March 20, 2018.
13. ^ ^{a b} "FDR'southward 3rd-term decision and the 22nd amendment". Constitution Daily. Philadelphia, Pennsylvania: The National Constitution Heart. Archived from the original on January 14, 2021. Retrieved June 29, 2014.
14. ^ Hashemite kingdom of jordan, David M. (2011). FDR, Dewey, and the Ballot of 1944. Bloomington, Indiana: Indiana University Press. p. 290. ISBN978-0-253-35683-iii.
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 East. "Franklin D. Roosevelt: Death of the President". Charlottesville, Virginia: Miller Centre of Public Affairs, Academy of Virginia. Archived from the original on Jan 14, 2021. Retrieved March 20, 2018.
17. ^ Congressional Quarterly. (1947). Limitations of Presidential Tenure. Congressional Quarterly Vol. III. 92-93, 96.
18. ^ ^{a b} Rowley, Sean (July 26, 2014). "Presidential terms 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 20, 2020. Retrieved June 7, 2020.
20. ^ Mountain, Steve. "Ratification of Constitutional Amendments". usconstitution.net. Archived from the original on April 23, 2018. Retrieved June 9, 2020.
21. ^ Weldon, Kathleen (August 11, 2015). "The Public and the 22nd Subpoena: Third Terms and Lame Ducks". Huffington Mail service. Archived from the original on January 14, 2021. Retrieved March 27, 2018.
22. ^ Peters, Gerhard; Woolley, John T. "Presidential Task Approval: 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'southward 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 You Think It Says". Blandon, Pennsylvania: Cornerstone Law Firm. Archived from the original on Jan 14, 2021. Retrieved November 6, 2017.
25. ^ Franck, Matthew J. (July 31, 2007). "Ramble Sleight of Manus". 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 October i, 2005.
27. ^ Gant, Scott East.; Peabody, Bruce 1000. (June 13, 2006). "How to bring back Neb: 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: Bill as VP has 'crossed her listen'". CNN. Archived from the original on January 14, 2021. Retrieved Oct 29, 2015.
29. ^ Lemelin, Bernard Lemelin (Winter 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 (three): 133–148. doi:ten.3138/CRAS-029-03-06. S2CID 159908265.
30. ^ Reagan, Ronald (January 18, 1989). "President Reagan Says He Volition Fight to Repeal 22nd Amendment". NBC Nightly News (Interview). Interviewed by Tom Brokaw. New York: NBC. Retrieved June 14, 2015.
31. ^ "Clinton: I Would've Won Third Term". ABC News. 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 than 2 terms equally president". Business Insider. Archived from the original on January 14, 2021. Retrieved September xiv, 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 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-2d commodity of subpoena, thereby removing the limitation on the number of terms an private may serve every bit President". Washington, D.C.: GovTrack, a projection of Civic Impulse, LLC. 2013. Archived from the original on January xiv, 2021. Retrieved March 23, 2018.
35. ^ "Beak to Repeal the 22nd Amendment". Snopes.com . Retrieved October nineteen, 2018.
36. ^ potus_geeks (February 27, 2012). "The 22nd Amendment". Archived from the original on January xiv, 2021. Retrieved Oct 19, 2018.

External links [edit]

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

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

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