The Evolution Of Two-Term Legalization: A Historical Perspective

The 22nd Amendment to the US Constitution, which limits the president to two terms in office, was ratified on February 27, 1951. The amendment was passed in response to Franklin D. Roosevelt's four consecutive terms as president, which some saw as a risk of executive overreach. While the two-term tradition had been unofficially established by George Washington, the first US president, Roosevelt's unprecedented fourth term in 1944, coupled with the unique circumstances of World War II, brought the issue of term limits to the fore. The amendment was proposed by Congress in 1947 and ratified by the required three-fourths of state legislatures in 1951, formalizing the two-term limit and preventing future presidents from serving more than two elected terms.

The 22nd Amendment to the US Constitution

The full text of the Amendment is as follows:

> "No person shall be elected to the office of the President more than 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 be elected to the office of the President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.

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> This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress."

The 22nd Amendment was a response to Franklin D. Roosevelt's unprecedented four terms as president, but the debate over presidential term limits had been ongoing in American politics since the Constitutional Convention of 1787. The Amendment was proposed by the House of Representatives as House Joint Resolution 27 and approved by Congress on March 21, 1947. It was then submitted to the state legislatures for ratification, which was completed on February 27, 1951, when 36 out of 48 states had ratified it.

The 22nd Amendment has been the subject of interpretation debates, with scholars discussing whether it prohibits affected individuals from succeeding to the presidency under any circumstances or if it only applies to presidential elections. The Amendment has also faced opposition and attempts at repeal, with arguments that it prevents consistent leadership during crises and is counterproductive to democracy. However, it remains a part of the Constitution, maintaining the two-term limit for US presidents.

Presidential term limits

The 22nd Amendment to the U.S. Constitution, ratified on February 27, 1951, limits the U.S. President to two terms in office. The amendment was passed after Franklin D. Roosevelt was elected for an unprecedented fourth term in 1944, amid World War II and the ongoing financial recovery from the Great Depression. Roosevelt's four terms in office, from 1932 to 1945, caused concern about a president serving unlimited terms and the potential for executive overreach.

The 22nd Amendment states:

> "No person shall be elected to the office of the President more than 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 be elected to the office of President more than once."

The amendment further clarifies that it does not prevent a sitting president from completing their term when the amendment was ratified or prevent them from being elected for one additional term. This exemption applied to President Harry S. Truman, who was in office when the amendment was ratified in 1951.

The idea of presidential term limits has a long history in American politics. During the Constitutional Convention of 1787, delegates extensively debated the issue, with some supporting lifetime tenure and others favouring fixed terms. The Framers ultimately approved four-year terms with no restriction on the number of terms a president could serve.

The first U.S. President, George Washington, established an unofficial two-term tradition when he voluntarily stepped down after two terms in 1796. This precedent was followed by subsequent presidents for over 150 years until Franklin D. Roosevelt's fourth term victory in 1944.

Since the ratification of the 22nd Amendment, there have been attempts by presidents and members of Congress to modify or repeal it. Arguments for repeal include the need for consistent leadership during crises and the potential for preventing tyranny. However, the amendment remains in force and has barred several presidents from seeking a third term.

The Hoover Commission

The commission forwarded its findings and a total of 273 recommendations to Congress in a series of nineteen separate reports. One of these recommendations was the Twenty-Second Amendment, which limits the number of terms a president of the United States may serve to two. This amendment was formally proposed by Congress on March 24, 1947, and ratified on February 27, 1951.

The Twenty-Second Amendment was a response to Franklin D. Roosevelt's four consecutive terms as president, which ended in 1945. Roosevelt's multiple terms had sparked concerns about the potential for executive overreach, particularly in light of his use of executive power during the Great Depression and World War II. The amendment caps the service of a president at 10 years, with certain exceptions for those who assume the office without election. While there have been some calls for its repeal, the amendment has generally proven uncontroversial.

The 12th Amendment

Prior to the 12th Amendment, the Electoral College would cast their votes for two persons, without differentiating between President and Vice-President. The person with the most votes would become President, and the runner-up would become Vice-President. This process led to some issues, most notably in the 1800 election, where the original Constitution's rules resulted in a tie between Thomas Jefferson and Aaron Burr, both of whom were running for Vice-President. The 12th Amendment was proposed to address these issues.

Additionally, the 12th Amendment changes the process for choosing the President and Vice-President in the case that no candidate receives a majority of electoral votes. If no candidate receives a majority of electoral votes, the House of Representatives chooses the President from the top three candidates, and the Senate chooses the Vice-President from the top two. This guarantees that there will always be a Vice-President, who can take over the Presidency if needed.

The 1787 Constitutional Convention

The convention was attended by 55 delegates from 11 states, including many prominent figures such as George Washington, James Madison, Benjamin Franklin, and Alexander Hamilton. The delegates elected George Washington as the president of the convention. The convention's goal was to create a new system of government rather than simply revise the Articles of Confederation, and it resulted in the creation of the Constitution of the United States.

One of the key issues debated at the convention was the structure of the government. The delegates agreed on a federal government with three branches: legislative, executive, and judicial. They also agreed that the executive branch would have a single chief executive, who would be called the President. However, there were disagreements over the specific powers and design of each branch, including the length of the presidential term and the number of allowable terms.

Another important issue was the representation of states in Congress. The large states, such as Virginia, Pennsylvania, and Massachusetts, wanted proportional representation based on population, while the small states wanted to maintain equal representation. This dispute was resolved through the Connecticut Compromise, also known as the Great Compromise, which proposed a bicameral legislature with proportional representation in the lower house (the House of Representatives) and equal representation of the states in the upper house (the Senate).

The convention also addressed the issue of slavery, which was widespread at the time. The Three-Fifths Compromise was adopted, which counted three-fifths of the slave population when apportioning representation in Congress and for taxation purposes. Additionally, it was agreed that Congress would have the power to ban the international slave trade, but not for another 20 years (until 1808).

The final version of the Constitution was signed by 39 of the 55 delegates on September 17, 1787, and it was then submitted to the states for ratification. The Constitution came into effect in 1789 and established a stronger federal government with more specific powers, including those related to foreign relations.

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