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22nd Amendment Constitution of the United States
« »17-Feb-2025
Source: Indian Express
Introduction
In a recent development, former President Donald Trump raised questions about presidential term limits during a Republican retreat in Florida. According to The New York Times, Trump expressed uncertainty about his eligibility to run for office again, despite the constitutional prohibition on serving more than two terms. The 22nd Amendment of the United States Constitution (1951) explicitly prohibits individuals from being elected as President more than twice, a measure enacted following Franklin D. Roosevelt's unprecedented four consecutive terms from 1932 to 1944.
Why Did the U.S. Establish Presidential Term Limits?
- Constitutional Framing Period (Late 1700s):
- Most framers initially opposed fixed term limits, preferring flexibility for emergencies.
- George Washington established an informal precedent by refusing a third term in 1796.
- Thomas Jefferson reinforced this tradition by also declining a third term (1801-1809).
- Early Congressional Attempts (1800s):
- First formal proposal to limit presidential terms was made in Congress in 1803 (rejected).
- Senate approved term limit resolutions in 1824 and 1826, but they failed in the House.
- House passed a non-binding resolution in 1875 calling third terms "unwise and unpatriotic.
- Challenge to Tradition (1870s):
- President Grant's potential third term candidacy in 1872 first seriously challenged the two-term tradition.
- Public backlash and Republican losses in 1894 midterms forced Grant to decline nomination.
- Grant later attempted but failed to secure nomination in 1880.
- Roosevelt Era and Change (1930s-1940s):
- Franklin D. Roosevelt broke the two-term tradition by serving four terms (1933-1945).
- Republicans attempted to pass term limit amendments in 1940 and 1944 but failed.
- Roosevelt's death in 1945 created momentum for formal term limits.
- Constitutional Amendment (1947):
- Republicans regained Congress in 1946 and prioritized term limit amendment.
- Debate centered on whether to allow two four-year terms or one six-year term.
- 22nd Amendment passed in 1947, officially limiting presidents to two terms.
How Did Franklin D. Roosevelt’s Presidency Lead to the 22nd Amendment?
- Roosevelt's Breaking Point:
- Franklin D. Roosevelt became the first and only president to break the two-term tradition.
- He served from 1933 to 1945 for four terms.
- His supporters justified this by citing the need for consistent leadership during World War II.
- Initial Republican Attempts:
- Republicans tried to create term limit amendments in 1940 and 1944.
- These attempts failed because they couldn't defeat Roosevelt in elections.
- The issue gained new momentum after Roosevelt's death in 1945.
- Political Shift:
- Republicans regained control of Congress in 1946.
- Making a presidential term limit amendment became their top priority.
- They wanted to prevent any future president from having Roosevelt-level control.
- Democratic Response:
- Democrats were divided on this issue.
- Some saw the amendment as an insult to Roosevelt's legacy.
- Others worried Roosevelt had set a dangerous precedent.
- Supporting Democrats argued term limits would protect against "ambitious demagogues.
- Final Enactment:
- Congress passed the 22nd Amendment in 1947.
- The main debate centered on term structure:
- Option 1: Two four-year terms
- Option 2: One six-year term
- The two four-year term limit was ultimately chosen.
- This officially ended the possibility of presidents serving more than two terms.
What are the Key Provisions of the 22nd Amendment Constitution of the United States ?
- Basic Term Limits:
- No person can be elected president more than twice.
- This sets a maximum of two elected terms for any president.
- Partial Term Rules:
- If a person serves more than two years of another president’s term, they can only be elected once.
- If they serve less than two years, they can still be elected twice on their own.
- Exemption Clause:
- The amendment did not apply to the sitting president when it was proposed.
- The incumbent could complete their current term even after ratification.
- Implementation Requirements:
- Required ratification by three-fourths of state legislatures.
- Had to be ratified within seven years of congressional approval.
- Became officially binding once these conditions were met.
- Practical Effect:
- The maximum presidential tenure is 10 years (2 years as a successor + 2 full terms).
- Turned the previous tradition of two terms into constitutional law.
Conclusion:
The 22nd Amendment was enacted in 1947 by Congress after extensive deliberations regarding whether to implement two four-year terms or one six-year term. The final amendment conclusively established that no individual may be elected to the office of President more than twice. This constitutional provision effectively terminated the previous tradition of voluntary two-term limits and codified it into binding constitutional law, directly prohibiting any future scenarios of extended presidential tenure similar to Roosevelt's four-term presidency.