Amendment History: The 22Nd Amendment's Legal Journey

The 22nd 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, became law on February 27, 1951, when it was ratified by three-quarters of the states. The amendment was passed in response to Franklin D. Roosevelt serving four terms as President, and prohibits anyone who has been elected president twice from being elected again.

The 22nd Amendment limits the number of times a person can be elected to the office of President of the United States to two terms

The 22nd Amendment to the United States Constitution, which came into force on 27 February 1951, limits the number of times a person can be elected to the office of President to two terms. The Amendment was passed in reaction to Franklin D. Roosevelt serving an unprecedented four terms as President. Roosevelt was elected for a third term in 1940, and a fourth in 1944, citing the need for stable leadership during World War II as a justification for his additional terms.

Before the 22nd Amendment, there was no constitutional limit on the number of terms a President could serve. However, an unwritten two-term tradition had been established by George Washington, the first US President, who served two terms and then chose not to run for a third. Thomas Jefferson, the third President, also adhered to this principle.

The 22nd Amendment was first proposed by Republicans in 1940 and 1944, when Roosevelt ran against their candidates, Wendell Willkie and Thomas Dewey. However, it was not until 1947 that the Amendment was approved by Congress and submitted to the states for ratification. This occurred during the presidency of Harry S. Truman, who took office after Roosevelt's death in April 1945.

The Amendment prohibits anyone who has been elected President twice from being elected again. It also prohibits anyone who has served as President for more than two years of a term to which another person was elected from being elected to the office of President more than once. This second provision applies to Vice Presidents or others who have acted as President and then go on to be elected President.

Since the 22nd Amendment came into force, six twice-elected Presidents have been barred from running for a third term: Dwight D. Eisenhower, Richard Nixon, Ronald Reagan, Bill Clinton, George W. Bush, and Barack Obama.

The Amendment was passed on March 21, 1947, and ratified on February 27, 1951

The 22nd 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 passed on March 21, 1947, and ratified on February 27, 1951. This amendment was passed by Congress and then submitted to the individual states for ratification.

The 22nd Amendment was passed by Congress on March 21, 1947, after being debated in both the House and the Senate. The amendment was introduced in the House by Earl C. Michener and passed 285-121, with support from 47 Democrats. The Senate made some changes to the House version, including adding language related to a vice president who assumed office. The amended proposal passed 59-23, with 16 Democrats in favour. On March 21, the House agreed to the Senate's revisions and passed the resolution to amend the Constitution.

The 22nd Amendment was then submitted to the states for ratification. This process was completed on February 27, 1951, when the requisite 36 of the 48 states had ratified the amendment. Minnesota was the 36th state to ratify the amendment, adding it to the Constitution. The amendment's provisions came into force on that date, and it has been part of the Constitution ever since.

The 22nd Amendment was passed and ratified in response to Franklin D. Roosevelt's election to an unprecedented four terms as president. Before Roosevelt, it had been a two-term tradition, established by George Washington and Thomas Jefferson, the first and third presidents, respectively. However, Roosevelt's four terms, especially during the World War II era, raised concerns about a president serving unlimited terms and led to the proposal and ratification of the 22nd Amendment.

The Amendment was a reaction to Franklin D. Roosevelt serving four terms as President

The 22nd Amendment, which limits the US presidency to two terms, was passed as a direct response to Franklin D. Roosevelt serving an unprecedented four terms as President.

Roosevelt was first elected in 1932, and won a second term in 1936 with more than two-thirds of the popular vote. In 1940, Roosevelt broke with the two-term precedent set by George Washington 144 years earlier, and announced his intention to run for a third term. This decision was made as the US was entering World War II, and Roosevelt won the election with 55% of the popular vote.

Roosevelt's decision to run for a third term was not without controversy. Some of his Democratic supporters and advisors left his campaign, and one-third of Americans voted against him. Roosevelt's refusal to say whether he would seek a third term until just before the 1940 Democratic National Convention led to his vice president, John Nance Garner, running against him for the Democratic nomination. Roosevelt's health was also a concern, and he suffered from poor health during his fourth term, dying just 82 days after his fourth inauguration.

In 1944, Roosevelt ran for a fourth term. Again, his health was a concern, and his opponent, Thomas E. Dewey, announced his support for a constitutional amendment to limit presidents to two terms. Dewey said, "Four terms, or 16 years, is the most dangerous threat to our freedom ever proposed." Roosevelt won the election, but died 11 weeks into his fourth term.

Two years after Roosevelt's death, Congress passed the 22nd Amendment, limiting presidents to two terms. The Amendment was ratified in 1951.

The Amendment was ratified by 36 of the 48 states

The 22nd Amendment to the United States Constitution, which limits the number of times a person can be elected to the office of President of the United States to two terms, was passed by Congress on March 21, 1947. It was then submitted to the individual state legislatures for ratification.

The process of ratification took almost four years, with 36 of the 48 states eventually ratifying the amendment by February 27, 1951. This included Minnesota, which became the 36th state to ratify the amendment, adding it to the Constitution. Notably, two states—Massachusetts and Oklahoma—rejected the amendment, while five (Arizona, Kentucky, Rhode Island, Washington, and West Virginia) took no action.

The 22nd Amendment was a direct response to Franklin D. Roosevelt's unprecedented election to four terms as president, which raised concerns about a president serving unlimited terms. Roosevelt was the only president to exceed eight years in office, and his fourth term prompted Congress to begin drafting an amendment to formalize presidential term limits.

The amendment prohibits anyone who has been elected president twice from being elected again. It also states that someone who fills an unexpired presidential term lasting more than two years is prohibited from being elected president more than once. This amendment ensured that no individual could hold the office of the President indefinitely and established a clear limit on executive power.

The Amendment has faced opposition and attempts have been made to repeal it

The 22nd Amendment, which limits the number of times a person can be elected to the office of President of the United States to two terms, has faced opposition and attempts have been made to repeal it. The Amendment was passed by Congress on March 21, 1947, and ratified on February 27, 1951.

Opposition to the 22nd Amendment

The 22nd Amendment has faced opposition from various presidents, scholars, and politicians over the years. Here are some of the main arguments against the Amendment:

• Infringement on Democratic Rights: Some argue that the 22nd Amendment infringes on the democratic rights of the people to choose their leader. They believe that if a president is doing a good job, there should be no limit to the number of terms they can serve.
• Limiting Strong Leadership: Allowing presidents to serve more than two terms could encourage them to be better leaders and continue to improve and innovate.
• Quality of Presidency: Critics argue that having a new president every 4-8 years reduces the quality of the presidency, as presidents gain valuable experience during their time in office.
• Weakening the Presidency: A president who has to constantly run for re-election is politically weak, and the two-term limit makes the United States "effectively without a President that is considered a serious negotiating partner for at least three out of every nine years."
• Unnecessary Restriction: Some scholars argue that the case for limited two-term limits is weak, and that changing this would require a widespread clamor for a third presidential term.
• Limiting Popular Leaders: The 22nd Amendment limits popular leaders from serving more than two terms, and some people believe that if a president is doing a good job, they should be allowed to continue.

Attempts to Repeal the 22nd Amendment

There have been multiple attempts to repeal the 22nd Amendment over the years. Here are some notable examples:

• Ronald Reagan: In 1987, President Ronald Reagan expressed his desire to "start a movement" to repeal the 22nd Amendment, as he wanted to run for a third term.
• Congressional Efforts: The first efforts in Congress to repeal the Amendment began in 1956, just five years after its ratification. Between 1997 and 2013, Democratic Representative José E. Serrano introduced nine unsuccessful resolutions to repeal the Amendment.
• Donald Trump: More recently, there have been suggestions by Donald Trump and his supporters to repeal the 22nd Amendment, as they wanted him to be able to serve more than two terms.

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