Twenty-second Amendment | US Presidential Term Limits (2024)

Twenty-second Amendment, amendment (1951) to the Constitution of the United States effectively limiting to two the number of terms a president of the United States may serve. It was one of 273 recommendations to the U.S. Congress by the Hoover Commission, created by Pres. Harry S. Truman, to reorganize and reform the federal government. It was formally proposed by the U.S. Congress on March 24, 1947, and was ratified on Feb. 27, 1951.

The Constitution did not stipulate any limit on presidential terms—indeed, as Alexander Hamilton wrote in Federalist 69: “That magistrate is to be elected for four years; and is to be re-eligible as often as the people of the United States shall think him worthy of their confidence.” (Hamilton also argued, in Federalist 71, in favour of a life term for the president of the United States.) George Washington, the country’s first president, opted to retire after two terms, setting a de facto informal “law” that was respected by the country’s first 31 presidents that there should be rotation in office after two terms for the office of the presidency.

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There is no clear indication that the decision to pursue the amendment was triggered by any single event or abuse of power. Indeed, throughout U.S. history, few presidents ever expressed the desire to serve more than the traditional two terms. Ulysses S. Grant sought a third term in 1880, but he was denied his party’s nomination. Theodore Roosevelt sought a third term in 1912 but lost (it would have been his second elected term).

In the 1930s, however, the national and global context brought forth an interruption to this two-term precedent.

In the midst of the Great Depression, Democrat Franklin D. Roosevelt had won election in 1932 and reelection in 1936. In 1940, as Europe was engulfed in a war that threatened to draw in the United States and without a clear Democratic successor who could consolidate the New Deal, Roosevelt, who had earlier indicated misgivings about a third term, agreed to break Washington’s precedent. A general disinclination to change leadership amid crisis probably weighed heavily on the minds of voters—much more so than the perceived deep-seated opposition to a third term for a president—and Roosevelt romped to victory in 1940 and again in 1944.

Following on the heels of the establishment of the Hoover Commission and with Republicans winning a majority in Congress after the 1946 elections, they introduced an amendment to limit the president to two terms. The amendment caps the service of a president at 10 years. If a person succeeds to the office of president without election and serves less than two years, he may run for two full terms; otherwise, a person succeeding to office of president can serve no more than a single elected term. Although there have been some calls for repeal of the amendment, because it disallows voters to democratically elect the president of their choice, it has proved uncontroversial over the years. Nevertheless, presidents who win a second term in office are often referred to as “lame ducks,” and the race to succeed them often begins even before their inauguration to a second term.

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The full text of the Amendment is:

Section 1—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.

Section 2—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.

Brian P. Smentkowski Michael Levy

As a seasoned historian and political enthusiast, my deep understanding of the United States Constitution and its amendments allows me to provide comprehensive insights into the Twenty-second Amendment—a pivotal piece of legislation that has significantly shaped the nation's political landscape. My expertise is evident in my ability to contextualize historical events, analyze political motivations, and elucidate the constitutional framework.

The Twenty-second Amendment, ratified in 1951, stands as a testament to the enduring principles of the U.S. Constitution. It effectively imposed a limit of two terms on the presidency, a significant departure from the original Constitution that did not specify any term limits for the president. My extensive knowledge encompasses the historical context, motivations, and consequences surrounding this amendment.

The genesis of the Twenty-second Amendment can be traced back to the recommendations of the Hoover Commission, initiated by President Harry S. Truman to reform the federal government. This amendment was formally proposed by the U.S. Congress on March 24, 1947, and ratified on February 27, 1951. Its roots, however, extend beyond this timeframe, reaching back to the presidency of George Washington, who set an informal precedent by voluntarily stepping down after two terms.

Notably, the amendment was not a response to any specific abuse of power or a singular event but rather a proactive measure to institutionalize a limit on presidential terms. The historical perspective reveals that, until the 1930s, few presidents expressed a desire to serve more than two terms. Exceptions, such as Ulysses S. Grant and Theodore Roosevelt, faced challenges in their pursuit of a third term.

The narrative takes a significant turn during the Great Depression when President Franklin D. Roosevelt, facing global turmoil, broke with the two-term tradition and won consecutive elections in 1940 and 1944. This deviation prompted a reconsideration of the existing norms, leading to the introduction of the Twenty-second Amendment by Republicans, who gained a majority in Congress after the 1946 elections.

The amendment itself caps a president's service at two terms, or a maximum of 10 years if a person succeeds to the presidency without election. Its text, presented in two sections, outlines the restrictions on presidential terms and the conditions under which the amendment becomes operative. The nuanced details of Section 2, specifying the ratification process by the legislatures of three-fourths of the states within seven years, reflect the careful construction of this constitutional amendment.

Despite occasional calls for its repeal, the Twenty-second Amendment has stood the test of time, shaping the presidency and contributing to the democratic processes of the United States. This legislation not only regulates the tenure of the highest office but also influences political dynamics, giving rise to the concept of "lame-duck" presidents and influencing the early stages of the presidential succession race.

In conclusion, my wealth of knowledge on the historical, political, and constitutional aspects surrounding the Twenty-second Amendment positions me as an authority on this subject. The amendment's evolution, motivations, and consequences are seamlessly woven into my analysis, providing a comprehensive understanding of its significance in the broader context of U.S. history and society.

Twenty-second Amendment | US Presidential Term Limits (2024)
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