| Revision as of 14:35, 19 November 2013 edit72.10.123.177 (talk) →Attempts at repealTag: section blanking← Previous edit | Revision as of 14:56, 19 November 2013 edit undo72.10.123.177 (talk) →Interaction with the Twelfth AmendmentNext edit → | ||
| Line 10: | Line 10: | ||
| 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.}} | 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.}} | ||
| \ | |||
| ==Interaction with the Twelfth Amendment== | |||
| There is a point of contention regarding the interpretation of the Twenty-second Amendment as it relates to the ], 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 whether a two-term president could later serve as Vice President. Some argue<ref>{{cite journal|title= Constitutional Sleight of Hand|author=Matthew J. Franck|date=2007-07-31|accessdate=2008-06-12|work=]|url=http://bench.nationalreview.com/post/?q=NDgwODVmMzcwMTQwNDM3YjU0OGE5ZjQyOTIxNmUyYzY=}}</ref> 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 ]. Others contend<ref>{{cite news|title=Why the Constitution permits a Gore-Clinton ticket|author=]|publisher=]|url=http://archives.cnn.com/2000/LAW/08/columns/fl.dorf.goreclinton.08.01/ | date=2000-08-02}}</ref><ref> | |||
| {{cite news|title=How to bring back Bill|url=http://www.csmonitor.com/2006/0613/p09s02-coop.html | |||
| |author=Scott E. Gant|coauthors=Bruce G. Peabody|work=]|date=2006-06-13|accessdate=2008-06-12}}</ref> 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 vice president. The practical applicability of this distinction has not been tested, as no former president has ever sought the vice presidency, and thus the courts have never been required to make a judgment regarding the matter. | |||
| ==Affected individuals== | ==Affected individuals== | ||
Revision as of 14:56, 19 November 2013
"Twenty-second Amendment" redirects here. For other uses, see Twenty-second Amendment (disambiguation).| This article is part of a series on the |
| Constitution of the United States |
|---|
 |
| Preamble and Articles |
| Amendments to the Constitution |
|
Unratified Amendments: |
| History |
| Full text |
The Twenty-second Amendment of the United States Constitution sets a term limit for election to the office of President of the United States. Congress passed the amendment on March 21, 1947. It was ratified by the requisite number of states on February 27, 1951.
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.
\
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 nearly all of Franklin D. Roosevelt's unexpired fourth term and who had been elected to a full term in 1948, withdrew as a candidate for re-election in 1952 after losing the New Hampshire primary.
Since the amendment's ratification, Dwight D. Eisenhower, Richard M. Nixon, Ronald Reagan, Bill Clinton, George W. Bush and Barack Obama have been elected president twice. The only president who could have served more than eight years was Lyndon B. Johnson. He became President in 1963 when John F. Kennedy was assassinated, served the final 14 months (less than two years) of Kennedy's term, was elected president in 1964, and ran briefly for re-election in 1968 but chose to withdraw from the race after barely winning the New Hampshire primary and polls showed him losing Wisconsin's. Gerald Ford became president on August 9, 1974, and served the final 29 months (more than two years) of Richard Nixon's unexpired term. Ford, who lost to Jimmy Carter in 1976 would have been eligible to be elected in his own right only once.
See also
- James Farley—one of the key figures on the Hoover Commission
References
- 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.
- "Johnson Can Seek Two Full Terms". The Washington Post. November 24, 1963. p. A2.
- Moore, William (November 24, 1963). "Law Permits 2 Full Terms for Johnson". The Chicago Tribune. p. 7.
External links
- National Archives: AMENDMENT XXII
- 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