The Two-Term Presidency Law: When Did It Begin?

The 22nd Amendment to the United States Constitution, ratified in 1951, limits the number of times a person can be elected president to two terms. The amendment was passed after Franklin D. Roosevelt was elected president four times from 1932 to 1944, which raised concerns about a president serving unlimited terms. The amendment was approved by Congress on March 21, 1947, and ratified by the requisite 36 states on February 27, 1951.

The 22nd Amendment

The Amendment was a response to Franklin D. Roosevelt's election to an unprecedented four terms as president. Roosevelt was the only president to be elected for a third and fourth term, giving rise to concerns about a president serving unlimited terms. Before Roosevelt, the president had traditionally served no more than two terms, starting with George Washington, who voluntarily stepped down after two terms, setting a precedent for future presidents.

The Amendment further clarifies that it will be inoperative unless ratified as an amendment to the Constitution by the legislatures of at least three-fourths of the states within seven years of its submission to the states by Congress. The ratification process was completed on February 27, 1951, when 36 out of 48 states had ratified the Amendment, and it came into force on that date.

Since its ratification, the 22nd Amendment has barred six twice-elected presidents from seeking a third term: Dwight D. Eisenhower, Richard Nixon, Ronald Reagan, Bill Clinton, George W. Bush, and Barack Obama. It will also prevent current President Donald Trump from seeking a third term.

George Washington's two-term precedent

Washington was aware of the power he had to shape the American presidency and the need to make the presidency powerful yet republican in nature. His actions during his presidency were conscious efforts to strike this balance. For instance, he appointed a cabinet, proposed major legislation to Congress, and presented the annual State of the Union report as a speech given directly to Congress. He also set precedents for the social life of the president, such as spending his days on government business and setting aside time in the late afternoon for meetings with the public and dinner parties with invited guests.

However, Washington's decision to retire after two terms was perhaps his most significant action in shaping the presidency. Washington considered retirement after his first term, preferring the quiet comfort of his home, Mount Vernon, and disheartened by the emerging political divisions in the country. He was also mindful of the precedent his conduct would set for future presidents and feared that if he died while in office, Americans would view the presidency as a lifetime appointment. In 1796, as his second term came to a close, Washington decided not to seek re-election, providing the standard of a two-term limit.

Washington's decision to step down after two terms was not solely a noble act of restraint but was also motivated by self-interest and a desire to cement a legacy of honour and integrity. By voluntarily relinquishing the presidency, Washington strengthened the executive branch by demonstrating that the institution of the presidency could be trusted and did not need to be reined in.

For 150 years, Washington's two-term precedent was followed by future presidents, until Franklin D. Roosevelt was elected to an unprecedented four terms as president, giving rise to concerns about a president serving unlimited terms. In response, the Twenty-second Amendment to the United States Constitution was ratified in 1951, formally establishing term limits for the presidency.

Franklin D. Roosevelt's four terms

The 22nd Amendment to the US Constitution, which came into force in 1951, limits the US president to two terms in office. However, this was not always the case, and Franklin D. Roosevelt was elected to four terms as president.

Franklin D. Roosevelt was first elected in 1932, in response to the Great Depression. He was re-elected in 1936, and then again in 1940, becoming the first president to be elected to a third term. Roosevelt's third term was largely influenced by the context of the time. The US was in the midst of the Great Depression, and World War II had just begun. Roosevelt's leadership during the economic crisis, coupled with the instability of the time, allowed him to make a strong case for stability. He won the 1940 election with 55% of the popular vote and almost 85% of the electoral vote.

Roosevelt's fourth term was also influenced by the context of World War II. By the time of the 1944 election, the war had turned in favour of the Allies, but Roosevelt's health was declining. He suffered from arteriosclerosis, which had been worsened by the stress of serving as a wartime president. Despite this, Roosevelt exuded enough energy and charisma to retain voters' confidence and was elected to a fourth term. He won with 54% of the popular vote, taking the Electoral College 432 to 99.

Roosevelt's unprecedented four terms as president raised concerns about a president serving unlimited terms and the possibility of executive overreach. In 1947, two years after Roosevelt's death, the House of Representatives proposed a limit of two terms for future presidents. The proposal was approved and sent to the states for ratification, becoming the 22nd Amendment in 1951.

Roosevelt's four terms as president were dominated by foreign policy concerns, as the US became involved in World War II. Roosevelt won congressional approval for the Lend-Lease program, which provided aid to the UK and the Soviet Union in their war against Nazi Germany. He also provided aid to the Republic of China, which was resisting an invasion by the Empire of Japan. In response to the Japanese occupation of French Indochina, Roosevelt expanded a trade embargo to cut off oil supplies to Japan. This led to the Japanese attack on Pearl Harbor in December 1941, which resulted in the US entering the war.

Roosevelt's third and fourth terms also saw important developments on the home front. The military buildup spurred economic growth and unemployment fell. Roosevelt established the Fair Employment Practice Committee, the first national program designed to prevent employment discrimination. He also pushed for the establishment of the United Nations, a permanent intergovernmental organization to succeed the League of Nations.

Roosevelt's health continued to decline during his fourth term, and he died on April 12, 1945, just over two months into his fourth term. His death and the end of the war in Europe shortly after cast a shadow over his legacy. However, Roosevelt is consistently ranked as one of the greatest US presidents, alongside George Washington and Abraham Lincoln.

The 1947 proposal

In 1945, Franklin D. Roosevelt, the 32nd President of the United States, died 82 days into his fourth term in office. Roosevelt had been elected to an unprecedented four terms as president, and his 13-year tenure raised concerns in Congress about the risk of executive overreach. In the midterm elections 18 months later, Republicans took control of the House and the Senate, campaigning on the issue of presidential tenure and declaring their support for a constitutional amendment to limit how long a person could serve as president.

In January 1947, the issue was given priority in the 80th Congress. The House of Representatives took quick action, approving a proposed constitutional amendment (House Joint Resolution 27) on February 6, 1947, with a vote of 285-121. The proposal set a limit of two four-year terms for future presidents. 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 state legislatures, and by prohibiting anyone who had served more than 365 days in each of two terms from further presidential service.

On March 12, the Senate passed the amended proposal 59-23, and on March 21, the House agreed to the Senate's revisions and approved the resolution to amend the Constitution. The proposal, now officially adopted as the Twenty-second Amendment, was submitted to the states for ratification.

Ratification in 1951

The Twenty-second Amendment to the United States Constitution, which limits the number of times a person can be elected to the office of President to two terms, was ratified on February 27, 1951. This came after Franklin D. Roosevelt, the 32nd President of the United States, was elected for an unprecedented four terms.

The ratification of the Amendment was the culmination of a process that began in 1947, when the House of Representatives proposed Joint Resolution 27, calling for a set limit of two terms for all future presidents. The proposal was approved and sent to the states for ratification on March 21, 1947.

The ratification process took almost four years, with 36 of the 48 states needing to ratify the amendment for it to come into force. This threshold was reached on February 27, 1951, when Minnesota approved the amendment. The Amendment was subsequently ratified by two additional states, bringing the total number of ratifying states to 38.

The Twenty-second Amendment was a significant development in American politics, as it established clear term limits for the presidency and addressed concerns about executive overreach. It also codified an unofficial tradition established by George Washington, the first President of the United States, who voluntarily stepped down after two terms.

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