Twenty-second Amendment
The Twenty-second Amendment to the United States Constitution, ratified in 1951, limits presidents to serving no more than two elected terms in office. Proposed in the context of post-World War II conservatism, it was motivated partly by concerns over the lengthy presidency of Franklin D. Roosevelt, who served more than eight years. The amendment also stipulates that anyone who has served more than two years of a presidential term to which someone else was elected cannot be elected more than once. While it sought to address the risks associated with prolonged presidential power, it also introduced the concept of a "lame duck" president, whose effectiveness may diminish due to the knowledge that they cannot run for re-election, impacting their legislative and foreign policy capabilities. Notably, the first president affected by this amendment was Dwight D. Eisenhower, despite his popularity, illustrating the complexities that arise from term limits. Critics of the amendment argue that it restricts the electorate's choice and may remove accountability for poor leadership in a second term. Overall, the Twenty-second Amendment reflects ongoing debates about the balance between democratic choice and the dangers of concentrated power in the executive branch.
Twenty-second Amendment
Identification Amendment to the U.S. Constitution that set limits on presidential terms
Date Ratified on February 27, 1951
The conservative political climate in the postwar era contributed to the ratification of the Twenty-second Amendment, which limited the time a person can serve as president and limited the choice of the electorate.
The Twenty-second amendment, proposed in 1947 and ratified in 1951, stated that “No person shall be elected . . . President more than twice.” To clarify the terms for a person who succeeded a president at midterm, it also stated, “no person who has held the office of President . . . for more than two years of a term to which some other person was elected President shall be elected . . . more than once.” The amendment did not apply to the president in office when it was proposed and thereby would have allowed Harry S. Truman to run for an additional term in 1952 had he chosen to do so. President Dwight D. Eisenhower was thus the first president subject to the new limitation.
As a part of the conservatism of the decade, the Republicans and conservative Democrats, who proposed the amendment, argued that President Franklin D. Roosevelt—the only president to serve more than eight years—had his health irreparably damaged by excessively long service in such a high-pressured office. In truth, Roosevelt’s opponents probably sought to block another liberal Democrat from holding the presidency for such a long time ever again. Ironically, the conservative proponents of this amendment may have rued their success since the first person who faced the limitation was the Republican Eisenhower, who remained so popular in 1960 that he quite possibly could have won another term in spite of his obvious health problems. The 1950’s was the first decade to see the increased possibility that incumbent vice presidents could run for president without seeming to upstage a sitting president in his second term. Vice President Richard M. Nixon took full advantage of this result of the Twenty-second Amendment to run for president himself in 1960.
Disadvantages
The 1950’s was also the first decade to see the corrosive impact of this amendment on a president’s effectiveness during a second term. The amendment makes a second-term president a “lame duck.” The public knows a second-term incumbent cannot run again, and this fact reduces any president’s efficacy on legislation. Members of Congress look ahead to a new president without much fear that the incumbent can obstruct certain legislative proposals. Lame duck status also has a similar impact on foreign governments, whether allies or adversaries. Eisenhower’s difficulties with his legislative program and his foreign policy were influenced by this amendment.
Impact
Americans did not have to face the biggest disadvantage to the amendment—the removal of the threat of electoral defeat on a bad president, who may feel free to abuse the office in a second term knowing he cannot be reelected. Those Americans who wanted Eisenhower to serve a third term discovered the limit this amendment placed on their freedom of choice, as did supporters of Ronald Reagan and Bill Clinton in later decades.
Bibliography
Epstein, Lee, and Thomas G. Walker. Constitutional Law for a Changing America: Rights, Liberties, and Justice. 4th ed. Washington, D.C.: CQ Press, 2001. This work places the Twenty-second Amendment in the context of constitutional restraints on the presidency.
Nelson, Michael. A Heartbeat Away. New York: Priority Press, 1988. This classic discussion of the American vice presidency discusses the impact of the Twenty-second Amendment on the presidency and vice presidency.
Randall, Richard S. American Constitutional Development: The Powers of Government. New York: Longman, 2002. Growing constitutional restraints on the presidency is the theme of this book’s discussion of the Twenty-second Amendment.