Civics and Economics
The 22nd Amendment
Executive Summary
In the U.S., the 22nd Amendment of the Constitution sets the term limit for one’s election as President. No one can occupy the office of President for more than two terms. Today, there is no person who can serve as President beyond two whole terms. Proponents of the 22nd Amendment contend that it provides many benefits. However, there are those who feel that the 22nd Amendment is undemocratic since it denies voters a chance to vote back successful candidates (Perth Legacy, 1947). The purpose of this essay is to examine the 22nd Amendment tersely. Towards this end, current essay will seek to delve into the amendment’s actual text and its interpretation. Additionally, it will provide a succinct discussion of the meaning as well as historical developments underpinning the passage of this amendment. Again, it will analyze court cases that dealt with this amendment. Moreover, the current essay will provide my personal opinions and thoughts relating to this amendment.
Historical Background
The 22nd Amendment borrows its history from President Burrows decision to only serve for two terms in order to vanquish monarchy governance. The 1787 U.S. Constitution did not set any limits as to number of times one can become President. However, President George Washington as the American first President retired voluntarily from office after only two terms. President Washington’s decision to retire voluntarily after serving two terms was predicated upon the need to move away from monarchical tendencies. However, critics point out that he chose not to run again due to his old age (Simpson, 1998). Before Roosevelt, only a few Presidents tried to serve beyond two terms. In 1880 for instance, Presidents Grant, Wilson and Grover Cleveland attempted to run for a third term but he did not succeed. However, for almost 150 years, the unofficial two-term limit characterized Presidential elections in the U.S. The fact that for almost one and a half centuries Presidents adhered to the two terms unwritten rule signals their determination to allow other people take the reins of power. This is the spirit of democracy and liberty. Later, Franklin Roosevelt however was elected as President for four times consecutively. After President Roosevelt’s term was over, most people began thinking that in fact, the two Presidential term limit was healthy for the U.S. as a democracy (Biscontini, 2010). The decision by President Washington set a beneficial precedent that set ground for the formulation of the 22nd Amendment. This trend informed the formulation of the 22nd Amendment.
Franklin Roosevelt served as President from 1933 to 1945 after the Second World War (WWII). Most Americans wanted President Roosevelt to stay in office and guide the country out of both the 1929-1933 Great Depression and the 1939-1945 WWII. After Roosevelt’s term was over, people opted for a two-term limit. The 22nd Amendment was passed in the U.S. Congress on March 21, 1947. Consequently, the amendment was ratified on February 27, 1951. Therefore, the 22nd Amendment turned President Washington’s two-term example into formal constitutional law. After the 1944 elections, Roosevelt won. Unfortunately, he suffered cerebral hemorrhage. He died while in office in 1945. At the end of the Presidential campaign in 1944, Thomas Dewey announced his support towards an amendment, which limit to two terms for future Presidents. The 80th Congress that was Republican-controlled approved the 22nd Amendment in 1947. After four years, enough states sanctioned for the ratification of the amendment. However, President was excluded from the restrictions placed in the amendments. In spite of this, he stayed away from seeking another term. President Jefferson also contributed to the enactment of the 22nd Amendment (Perth Legacy, 1947).
The 22nd Amendment Text
Section 1 of the 22nd Amendment asserts that no person can be elected President more than two times. Anyone who has been in office or acted as President for two or more years in a term where someone else was elected in office can be elected President. This article does not apply to anyone holding office upon the proposal of this article by the Congress. Therefore, no person can be elected as President more than two times. Section 1 of the 22nd Amendment limits the number of possible terms one can be elected as President to just two terms. For those who have taken over from another person as President in the middle of his/her term can serve as President for ten years. Article 1 of this Amendment did not apply for the then-President Truman. No person is eligible to become President for more than two times. Even those who were not elected and went ahead to fill in for those elected President for two years or less of their term cannot run twice. Therefore, the maximum Presidential Tenure is two terms. One cannot run for the third term. Regardless of how popular a President is, they cannot run for more than twice unless this section is amended. Any attempt to change the 22nd Amendment amounts to gross violation of the tenets upon which it is premised (Perth Legacy, 1947).
Section 2 of the 22nd Amendment is inoperative lest ratified like a constitutional amendment by the Senate and the House of Representatives. Additionally, at least three-fourths of the states in a span of seven years should ratify this section for it to be operative. The 22nd Amendment is yet to be applied or tested. Commentary suggests that there are many issues relating to the Amendment’s application and meaning. This is especially concerning the 12th Amendment. Essentially, the 12th Amendment bars the election of the two-term Presidents. This prohibition could not stop someone who was twice elected President from succeeding office after being appointed or elected Vice-President. Therefore, according to the 12th Amendment, no person who is constitutionally ineligible to run as President can be eligible for election or appointment as Vice-President. Therefore, in accordance with the 12th Amendment, a Vice President can still be President after the expiration of the term serving as Vice President. Upon its ratification in 1947, Section 2 of the 22nd Amendment could have been rendered null and void in 1957 if three-quarters failed to approve it.
Impacts of the 22nd Amendment
Both Thomas Jefferson and George Washington decided not to vie for President for the third time. The unwritten and self-imposed rule saw most Presidents rule for two terms only. The purpose of the 22nd Amendment was to set the Presidential tenure. Following the 1947 recommendations of the Hoover Commission that was set by President Harry Truman, the need to stipulate the limits in the Constitution surfaced (Flynn, 1997). After the completion of their terms, President should not clinch to power as this would kill the essence of democracy and undermine its very salient features. Instead, they should vacate office to permit another person to become President. In Russia for instance, President Vladimir Putin was President between 2000 and 2008 after which he stepped down as the Russian Constitution stipulated. He became the Prime Minister for four years. After the end of four years stipulated by the Constitution, Vladimir Putin is Russia’s President now. Such a legal loophole has seen Putin rule Russian for almost sixteen years now. Such is the loophole that the 22nd Amendment sought to close by setting term limits.
In the U.S. Term Limits v. Thornton (1995), Arkansas did adopt Amendment 73 to the state constitution on November 1992. This was after voters ratified amendments in the polls. This amendment limited the tenure for Congresspersons. The limit was three terms for the House of Representatives members and two for Senate members. The ground for U.S. Term Limits v. Thornton (1995) case was that the entrenched incumbency decreases voter participation and incumbents become preoccupied with their reelection so that the neglect their responsibility as the people’s representatives. Bobbie Hill sought to have Amendment 73 invalidated based on unconstitutionality (Simpson, 2008). In a majority decision of 5-4, the U.S. Supreme Court held that Arkansas Amendment 73 conflicted with Articles I (2) (ii) as well as Article II (2)(iii) that imposes no term limits on these offices. The Supreme Court ruled that States do not have the capacity to apply any stricter standards compared to those in the Constitution. The ruling invalidated term limits by the 23 states. This decision to invalidate the Arkansas Amendment 73 as well as other term limits upholds the letter and spirit of the 22nd Amendment (Simpson, 1998).
Due to the sensitiveness of the 22nd Amendment has prompted most politicians to attempt to repeal it in order to get a chance to serve more than two terms. However, the Congress has rejected most of the proposals. Additionally, the provision by the 12th Amendment that a Vice President can still be President after expiration of their term as Vice President remains a matter of debate that requires adjudication and sound legislation. The judiciary and the legislature should interpret this part and legislate upon it respectively to avert any legal absurdities and possible impasse in the future. A person can assume Presidency either by succession or by election. The 22nd Amendment fails to say anything on assumption of presidency apart from direct election. Therefore, the amendment does not prevent a President who has served research paper writing service his/her two terms to assume presidency based on succession. Moreover, it does not prohibit Presidents who have completed their two terms to run for the position of Vice President or any other different office under succession. Thus, George Bush, Bill Clinton and Barack Obama could be President again through succession. However, the 22nd Amendment prevents a situation where Presidents would create overzealous and out-of-control governments. Leaders desiring reelection tend to be responsive and honest to voters. Representative democracy calls for election of representatives of the citizenry. For this reason, critics argue that this amendment is therefore inherently undemocratic. Voters should be accorded an opportunity to elect the best suited candidates (Flynn, 1997).
When people make the case in opposition to the two term limits enshrined in the 22nd Amendment, methinks it is obviously a non-starter. For instance, if President Obama were so popular that he deserves a third term, it would only be possible if an amendment were made. This would be a tall order because the Republicans as the opposition would not let it go through. The two-thirds Congressional vote needed to repeal this amendment is impossible to get. Steny Hoyer and Mitch McConnell attempted to make a proposal to repeal the 22nd Amendment unsuccessfully during the Bush and Clinton administrations. Such attempts failed terribly. I concur with the original impulses by George Washington in limiting himself to two terms and setting a precedent. The 22nd Amendment averts dictatorial rule (Biscontini, 2010). In fact, an attempt to repeal this amendment is offensive especially to those who support democracy and real freedom actively. However, I agree that term limits deny voters a chance to reelect successful Presidents. Theoretically, this argument has some kind of merit. However, in practice, this is not a tenable argument. Public service will forever remain a privilege and a duty not some kind of career.
The 22nd Amendment is the best caveat against Presidents with dictatorial tendencies. Presidents enjoy certain immunities. For this reason, rogue Presidents could just get away with offenses were it not for the 22nd Amendment (Simpson, 1998). Put differently, upon the expiry of the Presidential term(s), most Presidents retire from public service, seek other positions of leadership or resume their jobs. This signifies that Presidency is a temporary duty not a permanent and personal undertaking for self-aggrandizement and self-preservation. Therefore, upon termination of the Presidential term, a former President can be prosecuted for crimes they committed during their reign as Presidents. With this in mind, Presidents can dutifully execute their responsibilities without fear, prejudice or even favor.
Conclusion
Every Amendment came because of a reason. They serve to overrule Supreme Court decisions, force societal change or even to revise constitutional details. Principally, the objective of the 22nd Amendment was to limit the terms that any sitting President would serve to avert a situation where they would be in power for life. Term limits help in restricting public officials from clinging to power for so long to become dictators as in totalitarian states. It also prevents them from amassing too much power. Since incumbents enjoy public support in terms of name recognition, accomplishment record and fundraising, it would be possible for them to clinch power repeatedly. Such a high preponderance of reelection is the scenario that the 22nd Amendment sought to evade. Lastly, the 22nd Amendment is very critical in upholding the principles of liberal democracy. Today, term limits are indispensable in democratic governments.
References
Biscontini, T. V. (2010). Amendment XXII: Establishing term limits for U.S. president. Detroit, MI: Greenhaven Press.
Flynn, V. (1997). Term limits. Toronto: Pocket Books.
Perth Legacy. (1947). Rules: As adopted at the General Meeting of members held on 22nd April, 1947, and amended at the Annual General Meeting held on 30th July, 1947. Perth: Perth Legacy Club.
Simpson, B. D. (1998). The Reconstruction presidents. Lawrence: University Press of Kansas.
Needs actual text of the amendment, an interpretation of the text and a discussion of its meaning, historical background behind the passing of the amendment , examples of court cases dealing with the amendment and your personal thoughts and opinions must be 9500 characters not including the text of the amendment or spaces.
