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— CH. 1 · CONSTITUTIONAL ORIGINS AND DEBATES —

Twenty-second Amendment to the United States Constitution

~5 min read · Ch. 1 of 6
6 sections

  • Delegates to the Constitutional Convention of 1787 debated presidential term limits extensively alongside questions about who would elect the president. Alexander Hamilton and James Madison supported lifetime tenure for presidents, while Virginia's George Mason denounced life-tenure as tantamount to elective monarchy. An early draft of the U.S. Constitution provided that the president be restricted to one seven-year term. Ultimately, the Framers approved four-year terms with no restriction on how many times a person could be elected president. Though dismissed by the Constitutional Convention, term limits were contemplated during the presidencies of George Washington and Thomas Jefferson. As his second term entered its final year in 1796, Washington was exhausted from years of public service and his health had begun to decline. He decided not to run for a third term, announcing this decision to the nation in his September 1796 Farewell Address. Eleven years later, Thomas Jefferson wrote that since Washington made his historic announcement, academics have argued he established a two-term tradition serving as a vital check against power accumulation.

  • Franklin Roosevelt spent months leading up to the 1940 Democratic National Convention refusing to say whether he would seek a third 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 saying he would run only if drafted, which delegates interpreted as willingness to be nominated. He won a decisive victory over Republican Wendell Willkie, becoming the only president to exceed eight years in office. Four years later, Roosevelt faced Republican Thomas E. Dewey in the 1944 election. Near campaign end, Dewey announced support for a constitutional amendment limiting presidents to two terms. Dewey stated four terms or sixteen years is the most dangerous threat to freedom ever proposed. Roosevelt exuded enough energy and charisma to retain voters' confidence and was elected to a fourth term. On the 12th of April 1945, only days after his fourth inauguration, Roosevelt died and was succeeded by Vice President Harry S. Truman.

  • The House of Representatives took quick action, approving House Joint Resolution 27 setting a limit of two four-year terms for future presidents. Introduced by Earl C. Michener, the measure passed 285, 121 on the 6th of February 1947. Meanwhile, the Senate developed its own proposal initially differing from the House version by requiring state ratifying conventions rather than legislatures. Both provisions were removed when the full Senate took up the bill, but Robert A. Taft added clarification procedures governing vice presidents succeeding to presidency. The amended proposal passed 59, 23 on March 12. On March 21, the House agreed to Senate revisions and approved resolution to amend Constitution. Afterward, amendment imposing term limitations submitted to states for ratification. Process completed on the 27th of February 1951 after it sent to states. Minnesota Legislature ratified amendment making ratification complete. On the 1st of March 1951, Administrator of General Services Jess Larson issued certificate proclaiming 22nd Amendment duly ratified. Two states Massachusetts and Oklahoma rejected amendment while five others including Arizona and Kentucky took no action.

  • Because of grandfather clause in Section 1, amendment did not apply to Harry S. Truman who was incumbent president when Congress submitted amendment to states. This full exemption allowed Truman to run again in 1952. He had served nearly all of Franklin Roosevelt's unexpired 1945, 1949 term and been elected to full four-year term beginning 1949. But with job approval rating around 27% and poor performance in 1952 New Hampshire primary, Truman chose not seek party nomination. Since becoming operative in 1951, amendment has barred six twice-elected presidents from election to third term: Dwight D. Eisenhower, Richard Nixon, Ronald Reagan, Bill Clinton, George W. Bush, and Barack Obama. Incumbent president Donald Trump, elected to two non-consecutive terms, is also constitutionally barred from being elected to third presidential term.

  • Questions raised about amendment meaning especially regarding Twelfth Amendment ratified 1804 stating no person constitutionally ineligible to office of President shall be eligible to that of Vice-President. While Twelfth Amendment stipulates constitutional qualifications age citizenship and residency apply to president and vice president, unclear whether someone ineligible due to term limits could be elected vice president. Because ambiguity exists, two-term former president possibly could be elected vice president then succeed to presidency as result of incumbent death resignation or removal. It argued 22nd Amendment and 12th Amendment bar any two-term president from later serving as vice president as well succeeding to presidency from succession point. Others contend original intent of 12th Amendment concerns qualification for service while 22nd Amendment concerns qualifications for election thus former two-term president still eligible serve as vice president. Neither amendment restricts number times someone can be elected vice president then succeed to presidency though person prohibited running for additional term. Practical applicability distinction not tested since no person elected president and vice president in order regardless terms served.

  • Over years several presidents voiced antipathy toward amendment. After leaving office Harry S. Truman described amendment as stupid and one worst amendments Constitution except Prohibition Amendment. A few days before leaving office January 1989 Ronald Reagan said he would push repeal because thought it infringed democratic rights. In November 2000 interview with Rolling Stone Bill Clinton suggested amendment should altered limit presidents two consecutive terms but allow non-consecutive terms due longer life expectancies. First efforts Congress repeal undertaken 1956 five years after amendment ratification. Over next 50 years 54 joint resolutions seeking repeal introduced. Between 1997 and 2013 Representative José E. Serrano introduced nine resolutions all unsuccessful to repeal amendment. In January 2025 Representative Andy Ogles introduced joint resolution proposing constitutional amendment allowing president serve third term provided first two non-consecutive. Language bill intended specifically allow incumbent president Donald Trump serve third term as only living president serving non-consecutive terms.

Common questions

What is the Twenty-second Amendment to the United States Constitution?

The Twenty-second Amendment limits presidents to two terms. It was ratified on the 27th of February 1951 after being submitted to states for ratification.

When did Franklin Roosevelt die and who succeeded him?

Franklin Roosevelt died on the 12th of April 1945 only days after his fourth inauguration. He was succeeded by Vice President Harry S. Truman.

Which president was exempt from the term limit due to a grandfather clause?

Harry S. Truman was exempt because he was the incumbent president when Congress submitted the amendment to states. This exemption allowed Truman to run again in 1952 despite having served nearly all of Franklin Roosevelt's unexpired term.

Who introduced House Joint Resolution 27 that became the Twenty-second Amendment?

Earl C. Michener introduced House Joint Resolution 27 which set a limit of two four-year terms for future presidents. The measure passed 285 to 121 on the 6th of February 1947.

How many times has the Twenty-second Amendment been repealed or modified since 1951?

The amendment has never been repealed but 54 joint resolutions seeking repeal were introduced over the next 50 years. Representative Andy Ogles introduced a joint resolution in January 2025 proposing an amendment allowing a president to serve three non-consecutive terms.

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All sources

39 references cited across the entry

  1. 1webPresidential Terms and Tenure: Perspectives and Proposals for ChangeThomas H. Neale — Congressional Research Service — October 19, 2009
  2. 2webFDR's third-term election and the 22nd amendmentNovember 5, 2020
  3. 3webConstitution of the United States of America: Analysis and InterpretationLibrary of Congress — August 26, 2017
  4. 4webTwenty-second AmendmentF. H. Buckley et al. — National Constitution Center
  5. 5bookThe Ascent of George Washington: The Hidden Political Genius of an American IconJohn Ferling — Bloomsbury Press — 2009
  6. 6webLetter to the Legislature of VermontThomas Jefferson — TeachingAmericanHistory.org — December 10, 1807
  7. 7webPresidential Term LimitBruce Peabody — The Heritage Foundation
  8. 8journalThe Twice and Future President: Constitutional Interstices and the Twenty-Second AmendmentBruce G. Peabody et al. — February 1999
  9. 9bookThe Year of the Six PresidentsDavid Pietrusza — Carroll and Graf — 2007
  10. 10bookThe Year of the Six PresidentsDavid Pietrusza — Carroll and Graf — 2007
  11. 11bookIn Search of Woodrow Wilson: Beliefs and BehaviorRobert M. Saunders — Greenwood Press — 1998
  12. 12bookAt the President's Side: The Vice Presidency in the Twentieth CenturyElliot A. Rosen — University of Missouri Press — 1997
  13. 13webFDR's third-term decision and the 22nd amendmentNational Constitution Center
  14. 14bookFDR, Dewey, and the Election of 1944David M. Jordan — Indiana University Press — 2011
  15. 15webFranklin D. Roosevelt: Campaigns and ElectionsWilliam E. Leuchtenburg — Miller Center of Public Affairs, University of Virginia — October 4, 2016
  16. 16webFranklin D. Roosevelt: Death of the PresidentWilliam E. Leuchtenburg — Miller Center of Public Affairs, University of Virginia — October 4, 2016
  17. 17newsPresidential terms limited by 22nd AmendmentSean Rowley — July 26, 2014
  18. 18web22nd Amendment: Two-Term Limit on PresidencyNational Constitution Center
  19. 19webRatification of Constitutional AmendmentsSteve Mount
  20. 20webThe Public and the 22nd Amendment: Third Terms and Lame DucksKathleen Weldon — August 11, 2015
  21. 21webPresidential Job Approval: F. Roosevelt (1941)—TrumpGerhard Peters et al. — The American Presidency Project
  22. 22webPresidential Third TermsRoper Center, Cornell University — August 11, 2015
  23. 23webTrump floats seeking third term in joke to House RepublicansEmily Brooks — November 13, 2024
  24. 24journalThe Twice and Future President: Constitutional Interstices and the TwentySecond AmendmentBruce G. Peabody et al. — University of Minnesota Law School — 1999
  25. 25journalTwo-Time Presidents And The Vice-PresidencyDan T. Coenen — Boston College Law School — 2015
  26. 26webThe Constitution: Amendments 11-27National Archives — November 4, 2015
  27. 27webThe 22nd Amendment Doesn't Say What You Think It SaysJoel A. Ready — Cornerstone Law Firm — July 2024
  28. 28journalTwo-Time Presidents and the Vice-PresidencyDan Coenen — 2015
  29. 29webConstitutional Sleight of HandMatthew J. Franck — July 31, 2007
  30. 30newsWhy the Constitution permits a Gore-Clinton ticketMichael C. Dorf — August 2, 2000
  31. 31newsHow to bring back Bill: A Clinton-Clinton 2008 ticket is constitutionally possibleScott E. Gant et al. — June 13, 2006
  32. 32reportPresidential Terms and Tenure: Perspectives and Proposals for ChangeThomas H. Neale — Congressional Research Service — April 15, 2019
  33. 33journalOpposition to the 22nd Amendment: The National Committee Against Limiting the Presidency and its Activities, 1949-1951Bernard Lemelin — Winter 1999
  34. 34interviewPresident Reagan Says He Will Fight to Repeal 22nd AmendmentRonald Reagan — NBC — January 18, 1989
  35. 35webClinton: I Would've Won Third TermDecember 7, 2000
  36. 36webH.J.Res. 15 (113th): Proposing an amendment to the Constitution of the United States to repeal the twenty-second article of amendment, thereby removing the limitation on the number of terms an individual may serve as PresidentGovTrack, a project of Civic Impulse, LLC — 2013
  37. 37webConstitutional amendment to allow Trump third term introduced in the HouseDan Mangan — 2025-01-24
  38. 38webNew GOP bill would let Trump (but not Obama) run for a third term2025-01-24
  39. 39webRep. Ogles Proposes Amending the 22nd Amendment to Allow Trump to Serve a Third Term Representative Ogles2025-01-23