The topic of
discussion for this Constitution Monday comes from Section 1 of the
Twenty-second Amendment to the Constitution of the United States of
America: “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
President more than once….” This
provision establishes that Americans shall be free of a life-time President or
one serving for long periods of time.
W. Cleon Skousen explained that
the “Founders had a great dread of hereditary rulers, or elected officials who
might gain control of an office and then refuse to relinquish it.” The attendees at the Constitutional
Convention “proposed that the tenure of office for the President be limited to
a term of four years. However, when a
straw vote was taken, Madison noticed that Washington voted against it. It was assumed from this that Washington
(whom everyone expected to be the first President) felt he might need more than
four years to get the new government safely inaugurated.
“Nevertheless, after President
Washington had served two terms, he considered that sufficient, and refused the
invitation to run for a third term….”
Skousen further explained that other
Presidents followed the tradition set by President Washington or found the “notion”
of a third term to be “unpopular.” Then
along came 1940, World War II – and Franklin Delano Roosevelt, who successfully
broke the tradition when he was elected for a third term. He then went on to win a fourth term but died
a few weeks after being inaugurated.
“Since the Republicans had taken
over the Congress, they immediately initiated a strong drive to prevent the
President from serving more than two terms.
Congress approved this amendment on March 21, 1947, and it was ratified
by the states on February 27, 1951.”
(See
The Making of America – The Substance and
Meaning of the Constitution, pp. 755-756.)
Bruce Peabody of The Heritage
Foundation added this explanation: “Although
the Twenty-second Amendment was clearly a reaction to Franklin D. Roosevelt’s
service as President for an unprecedented four terms, the notion of
presidential term limits has long-standing roots in American politics. The Constitutional Convention of 1787
considered the issue extensively, although it ultimately declined to restrict
the amount of time a person could serve as President….
“Nonetheless, sustained
political attention to this matter only developed with Roosevelt. In 1946, lawmakers made the President’s four
terms an issue in congressional election campaigns, pledging to support a
constitutional amendment that would prevent a similarly lengthy presidency in
the future. In January of 1947,
prominent House leaders acted on these campaign promises, introducing an
initiative that ultimately became the Twenty-second Amendment.
“The turning point in the
debates on the measure occurred when Senator Warren Magnuson argued for an
amendment that would simply bar someone from being `elected to the office of
President more than twice.’ …
“We can safely conclude that
those who drafted the amendment sought somehow to prevent the emergence of a
President with a tenure as lengthy as Roosevelt’s. Many proponents of the measure further argued
that they sought to codify the two-term tradition associated with Washington….
“Although numerous court
opinions make passing reference to the Twenty-second Amendment, its parameters
have not been systematically examined by the judiciary. No doubt the low profile of the amendment in
the courts reflects limited interest in and opportunity for testing the
provision….
“These facts should not lead one
to conclude that the Twenty-second Amendment is so straightforward that it
requires no further interpretation.
Among other unresolved questions, the amendment seems to leave open the
possibility that a twice-elected President could still become President through
nonelectoral means. For example, such a
person might still be elevated to the presidency after serving as Vice
President, or, if authorized, to act as President through a
presidential-succession statute.” (See The Heritage Guide to the Constitution, pp.
424-425.)