Can You Be Vice President After Being President

1951 amendment limiting presidents to two terms

The Twenty-second Amendment (Subpoena XXII) to the United States Constitution limits the number of times a person is eligible for ballot to the function of President of the Usa to two, and sets boosted eligibility conditions for presidents who succeed to the unexpired terms of their predecessors.^[one]

Until the amendment's ratification, the president had not been subject to term limits, merely George Washington had established a 2-term tradition that many other presidents followed. In the 1940 presidential election and the 1944 presidential election, Franklin D. Roosevelt became the outset president to win third and fourth terms, giving rise to concerns about a president serving an unlimited number of terms. Later on Roosevelt's decease, Republicans and conservative Democrats were swept into Congress in the 1946 elections and were in position to propose an amendment restricting the number of presidential terms.^[ii] Congress approved the Xx-second Subpoena on March 21, 1947, and submitted it to the state legislatures for ratification. That process was completed on February 27, 1951, when the requisite 36 of the 48 states had ratified the amendment (neither Alaska nor Hawaii had withal been admitted as states), and its provisions came into force on that date.

The amendment prohibits anyone who has been elected president twice from being elected again. Nether the amendment, someone who fills an unexpired presidential term lasting more than than two years is also prohibited from beingness elected president more than than once. Scholars debate whether the subpoena prohibits affected individuals from succeeding to the presidency under whatever circumstances or whether it applies only to presidential elections.

Text [edit]

Section 1. No person shall be elected to the office of the President more than 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 exist elected to the function of the President more than than one time. But this Article shall not apply to whatsoever person holding the office of President when this Article was proposed by the Congress, and shall not forbid 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 interim as President during the residuum of such term.

Section 2. This Article shall be inoperative unless it shall accept 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.^[three]

Background [edit]

The Twenty-2d Amendment was a reaction to Franklin D. Roosevelt's ballot to an unprecedented four terms equally president, but presidential term limits had long been debated in American politics. Delegates to the Constitutional Convention of 1787 considered the event extensively (alongside broader questions, such as who would elect the president, and the president's part). Many, including Alexander Hamilton and James Madison, supported lifetime tenure for presidents, while others favored fixed terms. Virginia'due south George Mason denounced the life-tenure proposal every bit tantamount to elective monarchy.^[4] An early draft of the U.Due south. Constitution provided that the president was restricted to ane seven-twelvemonth term.^[5] Ultimately, the Framers approved 4-year terms with no restriction on how many times a person could be elected president.

Though dismissed by the Ramble Convention, term limits for U.South. presidents were contemplated during the presidencies of George Washington and Thomas Jefferson. As his second term entered its final yr in 1796, Washington was exhausted from years of public service, and his wellness had begun to pass up. He was also bothered past his political opponents' unrelenting attacks, which had escalated subsequently the signing of the Jay Treaty, and believed he had achieved his major goals as president. For these reasons, he decided not to run for a third term, a conclusion he appear to the nation in his September 1796 Farewell Address.^[6] Eleven years afterward, equally Thomas Jefferson neared the halfway betoken of his 2d term, he wrote,

If some termination to the services of the main magistrate be non stock-still past the Constitution, or supplied past practice, his office, nominally for years, will in fact, become for life; and history shows how easily that degenerates into an inheritance.^[7]

Since Washington made his historic annunciation, numerous academics and public figures have looked at his conclusion to retire subsequently 2 terms, and have, according to political scientist Bruce Peabody, "argued he had established a two-term tradition that served as a vital check confronting any one person, or the presidency as a whole, accumulating besides much power".^[8] Various amendments aimed at changing informal precedent to ramble police were proposed in Congress in the early to mid-19th century, just none passed.^{[4] [9]} Three of the next iv presidents later on Jefferson—James Madison, James Monroe, and Andrew Jackson—served two terms, and each adhered to the 2-term principle;^[one] Martin Van Buren was the only president between Jackson and Abraham Lincoln to be nominated for a 2d term, though he lost the 1840 election and and so served just i term.^[9] At the outset of the Civil State of war the seceding States drafted the Constitution of the Confederate States of America, which in most respects resembled the Usa Constitution, but limited the president to a single six-year term.

In spite of the strong ii-term tradition, a few presidents before Roosevelt attempted to secure a third term. Following Ulysses S. Grant's reelection in 1872, in that location were serious discussions within Republican political circles about the possibility of his running over again in 1876. But interest in a 3rd term for Grant evaporated in the light of negative public opinion and opposition from members of Congress, and Grant left the presidency in 1877 after 2 terms. Yet, as the 1880 election approached, he sought nomination for a (non-consecutive) third term at the 1880 Republican National Convention, only narrowly lost to James Garfield, who won the 1880 ballot.^[nine]

Theodore Roosevelt succeeded to the presidency on September fourteen, 1901, following William McKinley's assassination (194 days into his second term), and was handily elected to a full term in 1904. He declined to seek a third (second total) term in 1908, but did run again in the election of 1912, losing to Woodrow Wilson. Wilson himself, despite his ill health following a serious stroke, aspired to a third term. Many of his advisers tried to convince him that his health precluded another campaign, simply Wilson nevertheless asked that his name exist placed in nomination for the presidency at the 1920 Democratic National Convention.^[10] Democratic Party leaders were unwilling to support Wilson, and the nomination went to James Grand. Cox, who lost to Warren Chiliad. Harding. Wilson again contemplated running for a (nonconsecutive) third term in 1924, devising a strategy for his comeback, but again lacked whatever support; he died in Feb of that year.^[11]

Franklin Roosevelt spent the months leading up to the 1940 Democratic National Convention refusing to say whether he would seek a 3rd term. His Vice President, John Nance Garner, along with Postmaster General James Farley, announced their candidacies for the Democratic nomination. When the convention came, Roosevelt sent a message to the convention saying he would run simply if drafted, saying delegates were free to vote for whomever they pleased. This message was interpreted to mean he was willing to be drafted, and he was renominated on the convention's first ballot.^{[9] [12]} Roosevelt won a decisive victory over Republican Wendell Willkie, becoming the first (and to appointment just) president to exceed eight years in office. His decision to seek a third term dominated the election campaign.^[13] Willkie ran against the open-ended presidential tenure, while Democrats cited the state of war in Europe as a reason for breaking with precedent.^[9]

Iv years later, Roosevelt faced Republican Thomas E. Dewey in the 1944 election. Near the end of the campaign, Dewey announced his support of a constitutional amendment to limit presidents to two terms. According to Dewey, "iv terms, or sixteen years (a direct reference to the president'due south tenure in part iv years hence), is the most dangerous threat to our liberty always proposed."^[14] He also discreetly raised the issue of the president's age. Roosevelt exuded enough energy and charisma to retain voters' confidence and was elected to a fourth term.^[15]

While he quelled rumors of poor health during the entrada, Roosevelt's health was deteriorating. On April 12, 1945, only 82 days later his fourth inauguration, he suffered a cerebral hemorrhage and died, to be succeeded by Vice President Harry Truman.^[sixteen] In the midterm elections xviii months later, Republicans took control of the House and the Senate. As many of them had campaigned on the upshot of presidential tenure, declaring their back up for a constitutional amendment that would limit how long a person could serve as president, the issue was given priority in the 80th Congress when it convened in January 1947.^[eight]

Proposal and ratification [edit]

Proposal in Congress [edit]

The House of Representatives took quick action, approving a proposed constitutional amendment (Firm Joint Resolution 27) setting a limit of two four-year terms for future presidents. Introduced by Earl C. Michener, the measure passed 285–121, with support from 47 Democrats, on February half dozen, 1947.^[17] Meanwhile, the Senate developed its own proposed amendment, which initially differed from the Business firm proposal by requiring that the amendment be submitted to land ratifying conventions for ratification, rather than to the country legislatures, and by prohibiting any person who had served more than 365 days in each of ii terms from further presidential service. Both these provisions were removed when the full Senate took upwards the pecker, merely a new provision was, however, added. Put forward by Robert A. Taft, it clarified procedures governing the number of times a vice president who succeeded to the presidency might be elected to office. The amended proposal was passed 59–23, with sixteen Democrats in favor, on March 12.^{[i] [18]}

On March 21, the Firm agreed to the Senate's revisions and approved the resolution to ameliorate the Constitution. Later on, the amendment imposing term limitations on future presidents was submitted to usa for ratification. The ratification process was completed on February 27, 1951, 3 years, 343 days subsequently it was sent to u.s..^{[19] [xx]}

Ratification by the states [edit]

A map of how usa voted on the 20-second Amendment

One time submitted to the states, the 22nd Amendment was ratified by:^[3]

1. Maine: March 31, 1947
2. Michigan: March 31, 1947
3. Iowa: April i, 1947
4. Kansas: April 1, 1947
5. New Hampshire: April 1, 1947
6. Delaware: April 2, 1947
7. Illinois: April 3, 1947
8. Oregon: April three, 1947
9. Colorado: April 12, 1947
10. California: Apr fifteen, 1947
11. New Bailiwick of jersey: April 15, 1947
12. Vermont: April xv, 1947
13. Ohio: Apr 16, 1947
14. Wisconsin: Apr 16, 1947
15. Pennsylvania: April 29, 1947
16. Connecticut: May 21, 1947
17. Missouri: May 22, 1947
18. Nebraska: May 23, 1947
19. Virginia: January 28, 1948
20. Mississippi: February 12, 1948
21. New York: March 9, 1948
22. South Dakota: January 21, 1949
23. N Dakota: Feb 25, 1949
24. Louisiana: May 17, 1950
25. Montana: January 25, 1951
26. Indiana: Jan 29, 1951
27. Idaho: January xxx, 1951
28. New Mexico: February 12, 1951
29. Wyoming: February 12, 1951
30. Arkansas: February 15, 1951
31. Georgia: February 17, 1951
32. Tennessee: February 20, 1951
33. Texas: February 22, 1951
34. Utah: February 26, 1951
35. Nevada: February 26, 1951
36. Minnesota: February 27, 1951
    Ratification was completed when the Minnesota Legislature ratified the amendment. On March one, 1951, the Ambassador of Full general Services, Jess Larson, issued a document proclaiming the 22nd Subpoena duly ratified and part of the Constitution. The subpoena was afterwards ratified past:^[3]
37. Due north Carolina: February 28, 1951
38. S Carolina: March xiii, 1951
39. Maryland: March 14, 1951
40. Florida: April xvi, 1951
41. Alabama: May 4, 1951

Conversely, two states—Oklahoma and Massachusetts—rejected the subpoena, while five (Arizona, Kentucky, Rhode Island, Washington, and West Virginia) took no action.^[xviii]

Outcome [edit]

Because of the grandfather clause in Section 1, the subpoena did not apply to Harry S. Truman, as he was the incumbent president at the fourth dimension information technology came into strength. Truman, who had served nearly all of Franklin Roosevelt'south unexpired fourth term and who was elected to a full term in 1948, was thus eligible for reelection in 1952.^[13] But with his job approval rating at around 27%,^{[21] [22]} and after a poor operation in the 1952 New Hampshire primary, Truman chose not to seek his party'southward nomination. Since becoming operative in 1951, the subpoena has been applicable to half dozen presidents who have been elected twice: Dwight D. Eisenhower, Richard Nixon, Ronald Reagan, Bill Clinton, George West. Bush, and Barack Obama.

Interaction with the Twelfth Amendment [edit]

Equally worded, the focus of the 22nd Amendment is on limiting individuals from being elected to the presidency more than than twice. Questions accept been raised nearly the amendment'due south meaning and application, especially in relation to the 12th Amendment, ratified in 1804, which states, "no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the U.s.a.."^[23] While the twelfth Amendment stipulates that the constitutional qualifications of age, citizenship, and residency apply to the president and vice president, information technology is unclear whether someone who is ineligible to exist elected president due to term limits could be elected vice president. Because of the ambiguity, a two-term former president could possibly exist elected vice president and so succeed to the presidency equally a issue of the incumbent'southward death, resignation, or removal from office, or succeed to the presidency from another stated office in the presidential line of succession.^{[9] [24]}

Some argue that the 22nd Subpoena and 12th Amendment bar any ii-term president from later serving as vice president besides equally from succeeding to the presidency from any betoken in the presidential line of succession.^[25] Others argue that the original intent of the 12th Subpoena concerns qualification for service (age, residence, and citizenship), while the 22nd Amendment, concerns qualifications for election, and thus a former two-term president is still eligible to serve as vice president. Neither amendment restricts the number of times someone tin be elected to the vice presidency and then succeed to the presidency to serve out the residue of the term, although the person could be prohibited from running for election to an additional term.^{[26] [27]}

The applied applicability of this distinction has not been tested, as no twice-elected president has ever been nominated for the vice presidency. While Hillary Clinton once suggested she considered onetime President Bill Clinton as her running mate,^[28] the constitutional question remains unresolved.^[1]

Attempts at repeal [edit]

Over the years, several presidents have voiced their contempt toward the amendment. After leaving function, Harry Truman described the amendment equally stupid and one of the worst amendments of the Constitution with the exception of the Prohibition Subpoena.^[29] A few days before leaving office in January 1989, President Ronald Reagan said he would push for a repeal of the 22nd Amendment because he thought it infringed on people's democratic rights.^[xxx] In a November 2000 interview with Rolling Stone, President Bill Clinton suggested that the 22nd Amendment should exist altered to limit presidents to two consecutive terms, simply and then allow non-sequent terms, because of longer life expectancies.^[31] Donald Trump questioned presidential term limits on multiple occasions while in function, and in public remarks talked nearly serving beyond the limits of the 22nd Subpoena. During an Apr 2022 White Business firm event for the Wounded Warrior Projection, he suggested he would remain president for 10 to 14 years.^{[32] [33]}

The first efforts in Congress to repeal the 22nd Subpoena were undertaken in 1956, v years afterward the amendment's ratification. Over the next fifty years, 54 joint resolutions seeking to repeal the two-term presidential election limit were introduced.^[1] Between 1997 and 2013, José E. Serrano, Democratic representative for New York, introduced nine resolutions (ane per Congress, all unsuccessful) to repeal the amendment.^[34] Repeal has as well been supported by Representatives Barney Frank and David Dreier and Senators Mitch McConnell^[35] and Harry Reid.^[36]

See also [edit]

• Term limits in the United states
• List of political term limits

References [edit]

1. ^ ^{a b c d e} Neale, Thomas H. (Oct 19, 2009). "Presidential Terms and Tenure: Perspectives and Proposals for Modify" (PDF). Washington, D.C.: Congressional Research Service, The Library of Congress. Archived (PDF) from the original on April 12, 2019. Retrieved March 22, 2018.
2. ^ "FDR's third-term election and the 22nd amendment - National Constitution Centre". National Constitution Center – constitutioncenter.org . Retrieved September 30, 2021.
3. ^ ^{a b c} "Constitution of the Usa of America: Assay and Interpretation" (PDF). Washington, D.C.: Library of Congress. August 26, 2017. pp. 39–40. Retrieved March 22, 2018.
4. ^ ^{a b} Buckley, F. H.; Metzger, Gillian. "Twenty-second Amendment". The Interactive Constitution. Philadelphia, Pennsylvania: The National Constitution Centre. Archived from the original on Jan 14, 2021. Retrieved March 19, 2018.
5. ^ Starting time draft U.S.CONST., art. X, department 1.
6. ^ Ferling, John (2009). The Rising of George Washington: The Hidden Political Genius of an American Icon. New York: Bloomsbury Press. pp. 347–348. ISBN978-1-59691-465-0.
7. ^ Jefferson, Thomas (December ten, 1807). "Letter to the Legislature of Vermont". Ashland, Ohio: TeachingAmericanHistory.org. Archived from the original on January 14, 2021. Retrieved March xix, 2018.
8. ^ ^{a b} Peabody, Bruce. "Presidential Term Limit". The Heritage Foundation. Archived from the original on July 24, 2017. Retrieved January 10, 2017.
9. ^ ^{a b c d e f} Peabody, Bruce G.; Gant, Scott E. (February 1999). "The Twice and Future President: Constitutional Interstices and the Twenty-2d Amendment". Minnesota Constabulary Review. Minneapolis: University of Minnesota Law School. 83 (3): 565–635. Archived from the original on January 15, 2013. Retrieved June 12, 2015.
10. ^ Pietrusza, David (2007). The Year of the Six Presidents. New York: Carroll and Graf. pp. 187–200. ISBN978-0-78671-622-7.
11. ^ Saunders, Robert M. (1998). In Search of Woodrow Wilson: Beliefs and Behavior. Westport, Connecticut: Greenwood Press. pp. 260–262. ISBN9780313305207.
12. ^ Rosen, Elliot A. (1997). "'Not Worth a Bullpen of Warm Piss': John Nance Garner equally Vice President". In Walch, Timothy (ed.). At the President'southward Side: The Vice Presidency in the Twentieth Century. Columbia, Missouri: University of Missouri Printing. pp. 52–53. ISBN0-8262-1133-Ten . Retrieved March 20, 2018.
13. ^ ^{a b} "FDR's third-term decision and the 22nd amendment". Constitution Daily. Philadelphia, Pennsylvania: The National Constitution Center. Archived from the original on January 14, 2021. Retrieved June 29, 2014.
14. ^ Hashemite kingdom of jordan, David Thousand. (2011). FDR, Dewey, and the Ballot of 1944. Bloomington, Indiana: Indiana University Press. p. 290. ISBN978-0-253-35683-3.
15. ^ Leuchtenburg, William E. "Franklin D. Roosevelt: Campaigns and Elections". Charlottesville, Virginia: Miller Heart of Public Affairs, University of Virginia. Archived from the original on January fourteen, 2021. Retrieved March xx, 2018.
16. ^ Leuchtenburg, William E. "Franklin D. Roosevelt: Death of the President". Charlottesville, Virginia: Miller Center of Public Affairs, University of Virginia. Archived from the original on Jan 14, 2021. Retrieved March xx, 2018.
17. ^ Congressional Quarterly. (1947). Limitations of Presidential Tenure. Congressional Quarterly Vol. Three. 92-93, 96.
18. ^ ^{a b} Rowley, Sean (July 26, 2014). "Presidential terms express by 22nd Amendment". Tahlequah Daily Press. Archived from the original on January fourteen, 2021. Retrieved March 22, 2018.
19. ^ "22nd Amendment: Two-Term Limit on Presidency". constitutioncenter.org. Philadelphia, Pennsylvania: National Constitution Center. Archived from the original on February 20, 2020. Retrieved June 7, 2020.
20. ^ Mountain, Steve. "Ratification of Constitutional Amendments". usconstitution.net. Archived from the original on April 23, 2018. Retrieved June nine, 2020.
21. ^ Weldon, Kathleen (August xi, 2015). "The Public and the 22nd Amendment: Third Terms and Lame Ducks". Huffington Post. Archived from the original on January xiv, 2021. Retrieved March 27, 2018.
22. ^ Peters, Gerhard; Woolley, John T. "Presidential Job Approval: F. Roosevelt (1941)—Trump". Information adapted from the Gallup Poll and compiled by Gerhard Peters. Santa Barbara, California: The American Presidency Project. Archived from the original on January 14, 2021. Retrieved March 27, 2018.
23. ^ "The Constitution: Amendments eleven-27". America's Founding Documents. Washington, D.C.: National Athenaeum. Archived from the original on January 14, 2021. Retrieved March xi, 2018.
24. ^ Ready, Joel A. "The 22nd Amendment Doesn't Say What You Recollect Information technology Says". Blandon, Pennsylvania: Cornerstone Law House. Archived from the original on Jan xiv, 2021. Retrieved Nov 6, 2017.
25. ^ Franck, Matthew J. (July 31, 2007). "Constitutional Sleight of Hand". National Review. Archived from the original on June 13, 2008. Retrieved June 12, 2008.
26. ^ Dorf, Michael C. (August 2, 2000). "Why the Constitution permits a Gore-Clinton ticket". CNN. Archived from the original on October 1, 2005.
27. ^ Gant, Scott Due east.; Peabody, Bruce G. (June 13, 2006). "How to bring back Bill: A Clinton-Clinton 2008 ticket is constitutionally possible". The Christian Science Monitor. Archived from the original on January xiv, 2021. Retrieved June 12, 2008.
28. ^ LoBianco, Tom (September fifteen, 2015). "Hillary Clinton: Bill as VP has 'crossed her listen'". CNN. Archived from the original on January 14, 2021. Retrieved Oct 29, 2015.
29. ^ Lemelin, Bernard Lemelin (Winter 1999). "Opposition to the 22nd Amendment: The National Committee Against Limiting the Presidency and its Activities, 1949-1951". Canadian Review of American Studies. University of Toronto Press on behalf of the Canadian Association for American Studies with the back up of Carleton Academy. 29 (iii): 133–148. doi:10.3138/CRAS-029-03-06. S2CID 159908265.
30. ^ Reagan, Ronald (January eighteen, 1989). "President Reagan Says He Will Fight to Repeal 22nd Amendment". NBC Nightly News (Interview). Interviewed past Tom Brokaw. New York: NBC. Retrieved June fourteen, 2015.
31. ^ "Clinton: I Would've Won Tertiary Term". ABC News. Dec 7, 2000. Archived from the original on Jan xiv, 2021. Retrieved March 26, 2018.
32. ^ Einbinder, Nicole (June 17, 2019). "Trump suggested his supporters want him to serve more than 2 terms as president". Business Insider. Archived from the original on Jan xiv, 2021. Retrieved September 14, 2019.
33. ^ Croucher, Shane (September 11, 2019). "Donald Trump Posts Image on Twitter, Instagram Joking That He'll Stand up in 2024". Newsweek. Archived from the original on January 14, 2021. Retrieved September xiv, 2019.
34. ^ "H.J.Res. 15 (113th): Proposing an amendment to the Constitution of the U.s. to repeal the twenty-second article of amendment, thereby removing the limitation on the number of terms an individual may serve every bit President". Washington, D.C.: GovTrack, a projection of Civic Impulse, LLC. 2013. Archived from the original on January 14, 2021. Retrieved March 23, 2018.
35. ^ "Nib to Repeal the 22nd Amendment". Snopes.com . Retrieved October nineteen, 2018.
36. ^ potus_geeks (February 27, 2012). "The 22nd Amendment". Archived from the original on January 14, 2021. Retrieved October 19, 2018.

External links [edit]

• The Annenberg Guide to the United States Constitution: Twenty-second Amendment
• CRS Annotated Constitution: 20-2d Amendment

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Source: https://en.wikipedia.org/wiki/Twenty-second_Amendment_to_the_United_States_Constitution#:~:text=Others%20contend%20that%20the%20original,to%20serve%20as%20vice%20president.

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