Twenty-second Amendment to the United States Constitution
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- "Twenty-second Amendment" redirects here. For alternative meanings, see Twenty-second Amendment (disambiguation).
The Twenty-second Amendment (Amendment XXII) of the United States Constitution sets a term limit for the President of the United States. The Congress passed the amendment on March 21, 1947.[1] It was ratified by the requisite number of states on February 27, 1951. The Amendment was the final result of the recommendations of the Hoover Commission which was established by President Harry S. Truman in 1947.[citation needed]
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Criticism
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Interaction with the Twelfth Amendment
There is an open question regarding the interpretation of the Twenty-second Amendment as it relates to the Twelfth Amendment, ratified in 1804, which provides that "no person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the United States."
While it is clear that under the Twelfth Amendment the original constitutional qualifications of age, citizenship, and residency apply to both the President and Vice President, it is unclear if a two-term President could later be elected—or appointed—Vice President. Some argue[2] that the Twenty-second Amendment and Twelfth Amendment bar any two-term President from later serving as Vice President as well as from succeeding to the presidency from any point in the United States presidential line of succession. Others contend[3][4] that the Twelfth Amendment concerns qualification for service, while the Twenty-second Amendment concerns qualifications for election, and thus a former two-term president is still eligible to serve as president. Neither theory has ever been tested, as no former President has ever sought the Vice Presidency, and thus the courts have never been required to make a judgment. In 1980, as former President Gerald Ford was being considered a possible running mate for Republican candidate Ronald Reagan, an issue arose regarding how many terms Ford could serve, if he succeeded to the Presidency, since he served more than two years of Richard Nixon's second term.
Affected individuals
The amendment specifically did not apply to the sitting president (Harry S. Truman) at the time it was proposed by Congress. Truman, who had served most of FDR's unexpired fourth term and who had been elected to a full term in 1948, began a campaign for another term in 1952, but quit after a poor showing in the New Hampshire primary.
Since the Amendment's ratification, the only other President who could have served more than two terms was Lyndon B. Johnson. He became President in 1963 when John F. Kennedy was assassinated, served the final 14 months of Kennedy's term, and was elected President in 1964. Since 14 months is less than two years, he was eligible to run again in 1968, but withdrew early in the primary contest.
Gerald Ford became President on August 9, 1974, and occupied the office for more than two years of Nixon's unexpired term. Thus, had Ford won a full term in 1976 (he lost to Jimmy Carter), he would have been ineligible to run again in 1980, despite being elected just once.
The only individuals who have been prohibited from continuing to seek the presidency under the amendment are Dwight D. Eisenhower, Richard Nixon, Ronald Reagan, Bill Clinton, and George W. Bush; all were elected to the presidency twice. Former presidents Jimmy Carter and George H. W. Bush, both defeated after only one term (in 1980 and 1992 respectively) are eligible to seek the office again.
See also
References
- ^ Charters of Freedom - The Declaration of Independence, The Constitution, The Bill of Rights
- ^ Matthew J. Franck (2007-07-31). "Constitutional Sleight of Hand". National Review Online. Retrieved 2008-06-12.
{{cite journal}}: Cite journal requires|journal=(help) - ^ Michael C. Dorf (2000-08-02). "Why the Constitution permits a Gore-Clinton ticket". CNN Interactive.
- ^
Scott E. Gant (2006-06-13). "How to bring back Bill". Christian Science Monitor. Retrieved 2008-06-12.
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- Constitution of the United States.
- Bruce G. Peabody and Scott E. Gant (1997). “The Twice and Future President: Constitutional Interstices and the Twenty-Second Amendment,” Minnesota Law Review 83, no. 3. February 1999: 565-635.
External links
- National Archives: Twenty second Amendment
- H.J.RES.5 - The latest bill introduced in Congress proposing to repeal the Twenty second Amendment. There have been many similar proposals introduced in previous Congresses, none of which has been acted on. This proposal remains in committee.
- CRS Annotated Constitution: Twenty second Amendment