The Two-Term Law: Elections And Beyond

The Twenty-second Amendment to the United States Constitution, also known as the two-term law, imposes term limits on the President of the United States. The amendment prohibits anyone who has been elected president twice from being elected again. There is some debate as to whether the amendment applies only to presidential elections, or whether it also bars two-term presidents from later serving as vice presidents. The amendment was introduced following Franklin D. Roosevelt's four consecutive terms as president, which broke the two-term precedent set by George Washington.

The two-term limit was established by the 22nd Amendment

The 22nd Amendment to the United States Constitution establishes a two-term limit for the presidency. Before the amendment's ratification, the president was not subject to term limits, but the first president, George Washington, opted not to run for a third term, setting an informal two-term precedent that was followed by the country's first 31 presidents.

The 22nd Amendment was proposed in the aftermath of Franklin D. Roosevelt's four consecutive terms as president. Roosevelt's unprecedented third and fourth terms were influenced by the global context of World War II and the lack of a clear Democratic successor. Republicans, who won a majority in Congress in the 1946 elections, introduced the amendment to limit the president to two terms.

The amendment specifically prohibits anyone who has been elected president twice from being elected again. It also applies to individuals who fill an unexpired presidential term lasting more than two years, limiting them to a single subsequent term. There has been debate among scholars regarding the amendment's scope, with some arguing that it prohibits affected individuals from ever becoming president again, while others contend that it only applies to consecutive terms and does not restrict a former two-term president from later serving as vice president.

Since its ratification, there have been numerous efforts to repeal the 22nd Amendment, with 54 joint resolutions introduced between 1956 and 2013. However, none of these attempts have been successful, and the two-term limit for the presidency remains in place.

The 12th Amendment may bar two-term presidents from serving as vice president

The 12th Amendment to the United States Constitution outlines the procedure for electing the president and vice president. It was proposed by Congress on December 9, 1803, and ratified on June 15, 1804. The amendment stipulates that "no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States." This has raised questions about whether a two-term president, who is ineligible for reelection as president, can serve as vice president.

The 12th Amendment's interaction with the 22nd Amendment, which limits presidents to two terms, is a subject of debate. The 22nd Amendment states that no person shall be elected to the office of the President more than twice. However, it is unclear if this prohibition also applies to the vice presidency. Some argue that the 12th Amendment's reference to "ineligibility" includes term limits, effectively barring two-term presidents from becoming vice presidents. This interpretation suggests that a two-term president cannot circumvent the term limit by first becoming vice president and then succeeding to the presidency.

On the other hand, some contend that the 12th Amendment primarily concerns qualifications for service, such as age, residence, and citizenship, while the 22nd Amendment pertains to qualifications for election. This interpretation suggests that a former two-term president could still be eligible to serve as vice president. This distinction has not been tested in practice, as no twice-elected president has been nominated for the vice presidency.

The ambiguity surrounding the applicability of the two-term limit to the vice presidency has sparked discussions among legal scholars and politicians. Hillary Clinton, during her 2016 presidential campaign, joked about considering her husband, former president Bill Clinton, as her running mate, but ultimately decided against it due to constitutional concerns. Similarly, there was speculation in 2020 about whether former president Barack Obama could be eligible for the vice presidency.

The two-term tradition was broken by FDR during World War II

The two-term tradition for presidents of the United States was indeed broken by Franklin D. Roosevelt (FDR) during World War II. FDR was elected to an unprecedented third term in 1940 and a fourth term in 1944, despite the two-term tradition established by George Washington, the country's first president.

FDR's decision to seek a third term was influenced by the war in Europe and the belief that if Britain fell to Hitler, the United States would inevitably be drawn into the conflict. He also faced pressure from within his own party, as no clear Democratic successor could consolidate the New Deal. Initially, FDR had planned to retire at the end of his second term in January 1941, but the changing global situation led him to change his mind.

FDR's 1940 election victory was aided by a general reluctance to change leadership amid a crisis, and he won a decisive victory over Republican Wendell Willkie. FDR's supporters cited the war in Europe as a reason for breaking with the two-term precedent. By the time of his fourth election campaign in 1944, FDR's health was deteriorating, and he faced opposition from within his own party due to his decision to run again. However, he managed to defeat Thomas E. Dewey, his Republican opponent, by retaining voters' confidence and exuding energy and charisma.

FDR's unprecedented four terms as president raised concerns about a president serving unlimited terms and the potential for abuse of power. This led to the passage of the 22nd Amendment in 1947, which was ratified in 1951, limiting future presidents to a maximum of two terms.

The two-term limit has been challenged 54 times in Congress

The two-term limit has been a long-standing tradition in US politics, with the first and third presidents, George Washington and Thomas Jefferson, deciding not to run for a third term. This set a powerful precedent that was followed by the next 31 presidents.

However, in the 1940 and 1944 elections, Franklin D. Roosevelt was elected to an unprecedented third and fourth term as president, sparking concerns about a president serving unlimited terms. In response, the Twenty-second Amendment to the United States Constitution was ratified in 1951, formally limiting presidents to two terms.

Despite this, there have been attempts to challenge the two-term limit. Notably, Ulysses S. Grant sought a third term in 1880 but failed to gain his party's nomination. Similarly, Theodore Roosevelt and Woodrow Wilson also attempted to secure third terms but were unsuccessful.

Since the ratification of the Twenty-second Amendment, there have been calls for its repeal, with some arguing that it infringes on democratic rights by disallowing voters to elect the president of their choice. Between 1997 and 2013, Democratic Representative José E. Serrano introduced nine unsuccessful resolutions to repeal the amendment. Overall, from 1956 to 2003, there have been 54 joint resolutions introduced in Congress seeking to repeal the two-term presidential election limit.

Two-term presidents are often called lame ducks

In politics, a "lame duck" is an elected official who is still in office but whose successor has already been elected. This period of transition usually refers to the time between an election and the inauguration of a successor. However, a president elected to a second term can also be seen as a lame duck early in their second term, as term limits prevent them from contesting a third term.

The Twenty-Second Amendment to the U.S. Constitution, ratified in 1951, limits the number of times a person can be elected to the office of President of the United States to two terms. This amendment was a reaction to Franklin D. Roosevelt's election to an unprecedented four terms as president, which gave rise to concerns about a president serving unlimited terms.

The lame-duck status of a two-term president is often seen as a double-edged sword. On the one hand, these presidents may have reduced power and influence, as they can no longer negotiate or give favours to their supporters. On the other hand, they are no longer beholden to voters and can make decisions that support their legacy, even if those decisions are unpopular.

For example, President Ronald Reagan, during his second term, signed an arms control treaty with Soviet leader Mikhail Gorbachev, despite his opposition to arms control during his first term. Similarly, President George W. Bush, in his second term, increased troops in the Iraq War, despite claiming that the war was over in 2004.

In summary, while two-term presidents are often referred to as "lame ducks," this status can confer a certain degree of freedom and power to act without the constraints of seeking re-election.

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