How long is a presidential term What limitations does the 22nd Amendment?

FDR's Third-Term Election and the 22nd Amendment

On November 5, 1940, President Franklin D. Roosevelt won a third term in office—an unprecedented act that would be barred by a constitutional amendment a decade later.

Roosevelt’s decision to break the precedent set by George Washington was made in July 1940, as the United States neared its entry into World War II.

The third-term decision dominated his election campaign against the Republican contender, Wendell Wilkie. In the end, Roosevelt won the election by a wide margin, and he was able to win a fourth election in 1944.

But the popular fallout about the concept of a long-term president led to the ratification of the 22nd amendment in 1951.

“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,” the amendment read, in a clear reference to Roosevelt.

So why were people so upset with Roosevelt’s decision to seek a third term, and even more people opposed enough to approve a constitutional amendment?

Franklin Roosevelt wasn’t even the first Roosevelt to seek a third term in the White House. His distant cousin, Theodore Roosevelt, ran unsuccessfully as a third-party candidate in 1912, after declining to run in 1908. President Ulysses S. Grant also sought a third term in 1880, but he lacked enough party support to get a nomination.

The first president, Washington, set the two-term precedent in 1796 when he decided to pass on a third term, setting up a scramble between John Adams and Thomas Jefferson in the fall race.  Continue reading from Constitution Daily, the National Constitution Center's Blog

Even before there were official term limits for the presidency, it was common practice for Presidents to step down after eight years, dating back to George Washington's decision to retire after his two terms. It wasn't until the 1940s, after President Franklin Delano Roosevelt was elected to a third and fourth term in office, that the idea of amending the Constitution to include a term limit gathered enough steam to be passed. On March 21, 1947, Congress passed the Twenty-Second Amendment - limiting presidents to two terms in office.

What the Twenty-Second Amendment Says

"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.

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."

What It Means

United States Library of Congress, The Constitution of the United States of America: Analysis and Interpretation

​The Twenty-Second Amendment has yet to be tested or applied. Commentary suggests, however, that a number of issues could be raised as to the Amendment's meaning and application, especially in relation to the Twelfth Amendment. By its terms, the Twenty-Second Amendment bars only the election of two-term Presidents, and this prohibition would not prevent someone who had twice been elected President from succeeding to the office after having been elected or appointed Vice President. Broader language providing that no such person "shall be chosen or serve as President . . . or be eligible to hold the office" was rejected in favor of the Amendment's ban merely on election.1

Whether a two-term President could be elected or appointed Vice President depends upon the meaning of the Twelfth Amendment, which provides that no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President. Is someone prohibited by the Twenty-Second Amendment from being elected to the office of President thereby constitutionally ineligible to the office? Note also that neither Amendment addresses the eligibility of a former two-term President to serve as Speaker of the House or as one of the other officers who could serve as President through the operation of the Succession Act.2

  • The Twenty-Fifth Amendment: What Happens if a President Is No Longer Fit to Serve?
  • Basics of Presidential Power
  • Presidential Qualifications

Footnotes

  1. H.J. Res. 27, 80th Cong., 1st Sess. (1947) (as introduced). As the House Judiciary Committee reported the measure, it would have made the covered category of former presidents ineligible to hold the office of President. H.R. Rep. No. 17, 80th Cong., 1st Sess. at 1 (1947).
  2. 3 U.S.C. § 19. For analysis of the Twenty-Second Amendment and its applicability to the various scenarios under which a person can succeed to the office, see Bruce G. Peabody and Scott E. Gant, The Twice and Future President: Constitutional Interstices and the Twenty-Second Amendment, 83 Minn. L. Rev. 565 (1999).

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What limitations does the 22nd Amendment impose on the Presidency?

The amendment prohibits anyone who has been elected president twice from being elected again. Under the amendment, someone who fills an unexpired presidential term lasting more than two years is also prohibited from being elected president more than once.

How long is presidential term What limitations does the 22nd Amendment place on the President's tenure quizlet?

How long is a presidential term? What limitations does the 22nd Amendment place on the President's tenure? A presidential term is 4 years long. According to the 22nd Amendment, a President may be elected to only two terms, and he may not serve as President for more than 10 years.

What is the 22th amendment in simple 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.

How long is a president's term?

The president is elected indirectly through the Electoral College to a four-year term, along with the vice president. Under the Twenty-second Amendment, ratified in 1951, no person who has been elected to two presidential terms may be elected to a third.