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	<title>Constitution Daily&#187; 22nd Amendment</title>
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		<title>Should a president face term limits when Congress doesn’t?</title>
		<link>http://blog.constitutioncenter.org/2013/02/should-a-president-face-term-limits-when-congress-doesnt/</link>
		<comments>http://blog.constitutioncenter.org/2013/02/should-a-president-face-term-limits-when-congress-doesnt/#comments</comments>
		<pubDate>Wed, 27 Feb 2013 11:15:05 +0000</pubDate>
		<dc:creator>Scott Bomboy</dc:creator>
				<category><![CDATA[22nd Amendment]]></category>
		<category><![CDATA[Article II]]></category>
		<category><![CDATA[Congress]]></category>
		<category><![CDATA[Presidency]]></category>

		<guid isPermaLink="false">http://blog.constitutioncenter.org/?p=23148</guid>
		<description><![CDATA[With the anniversary of the 22nd Amendment on Wednesday, Constitution Daily looks at two hot-button topics: Should a president be allowed to serve a third term? And should members of Congress have term limits like the president?]]></description>
				<content:encoded><![CDATA[<p>With the anniversary of the 22nd Amendment on Wednesday, <em>Constitution Daily</em> looks at two hot-button topics: Should a president be allowed to serve a third term? And should members of Congress have term limits like the president?</p>
<p><a href="http://blog.constitutioncenter.org/wp-content/uploads/2012/12/Obama_Boehner_State_of_the_Union_20111.jpg"><img class="alignleft  wp-image-21123" alt="Obama_Boehner_State_of_the_Union_2011" src="http://blog.constitutioncenter.org/wp-content/uploads/2012/12/Obama_Boehner_State_of_the_Union_20111-449x300.jpg" width="404" height="270" /></a>The <a href="http://constitutioncenter.org/constitution/the-amendments/amendment-22-presidential-term-limits">22nd Amendment</a> brought the idea of term limits into the Constitution. When it was ratified in 1951, the amendment limited a president from effectively serving a third term, by saying that a president who won two elections can’t run a third time.</p>
<p>The 22nd Amendment also bars a president from serving more than 10 years in office, in a case of a president who assumed office as vice president (or in an unlikely case, as the Senate president pro tempore or secretary of state).</p>
<p>For example, Vice President Gerald Ford took over for President Richard Nixon in 1974 and served more than two years as president. If Ford had defeated Jimmy Carter in the 1976 presidential election, Ford could not have run for re-election.</p>
<p>Long before the 22nd Amendment, George Washington had set an unofficial precedent in 1796 when he decided several months before the election not to seek a third term.</p>
<p>The only person to break from Washington&#8217;s precedent was President Franklin D. Roosevelt, with a record-setting four election wins.</p>
<p>Before Roosevelt ran for re-election in 1940, most presidents didn’t try for a third term in office, let alone a third consecutive term.</p>
<p>Roosevelt’s distant cousin, Theodore, came the closest to breaking the precedent in 1912, when he ran for president a second time. Theodore Roosevelt succeeded President William McKinley in 1901 and had served about 7 ½ years in the White House. Theodore Roosevelt passed on running for a third consecutive term as president in 1908, fully aware of the Washington precedent. But after a fallout with President William Howard Taft, Roosevelt sough a third nonconsecutive term in the 1912 presidential election. He lost the election but came in second ahead of Taft. (Woodrow Wilson and Harry Truman briefly considered seeking a third term but passed.)</p>
<p>After Franklin Roosevelt died in 1945, momentum built for a presidential term-limits amendment. Congress passed it in 1947, and it was ratified by the states in 1951.</p>
<p>Since then, several members of Congress have introduced bills to repeal the 22nd Amendment. The latest was <a href="http://thomas.loc.gov/cgi-bin/bdquery/z?d113:h.j.15:" target="_blank">offered by Representative Jose Serrano on January 4.</a></p>
<p>In fact, Serrano has offered the same bill since 1997&#8211;during the presidencies of Bill Clinton, George W. Bush and Barack Obama. The bills were tabled each time.</p>
<p>Representative Steny Hoyer offered similar bills in the past and current Senate Minority Leader <a href="http://www.snopes.com/politics/obama/termlimits.asp" target="_blank">Mitch McConnell sponsored a similar bill in 1995</a>—during the Clinton administration. Barney Frank and Jerry Nadler also presented anti-22nd Amendment bills in the past.</p>
<p>There was no interest among legislators in pursuing a 22nd Amendment repeal, probably because most people are happy with term limits for the president. The odds of getting 38 states to ratify an amendment would be very, very steep.</p>
<p>However, the issue of term limits for Congress is a different matter. In a Gallup poll this January, about 75 percent of Americans polled favored limiting terms for Congress members.</p>
<p>Gallup said when the <a href="http://www.gallup.com/poll/159881/americans-call-term-limits-end-electoral-college.aspx" target="_blank">same question was asked in 1994 and 1996</a>, between two-thirds and three-quarters of Americans favored a constitutional amendment to limiting congressional terms.</p>
<p>In the 2013 poll, there was more support for congressional term limits (75 percent) than ending the Electoral College (60 percent).</p>
<p>That 75 percent is important, since three-fourths of the states are needed to ratify a proposed constitutional amendment.</p>
<p><strong>Recent Constitution Daily Stories</strong></p>
<p><a href="http://blog.constitutioncenter.org/2013/02/constitution-check-would-a-drone-court-be-unconstitutional/" target="_blank">Constitution Check: Would a “drone court” be unconstitutional?</a></p>
<p><a href="http://blog.constitutioncenter.org/2013/02/sequester-facts-what-happens-next-what-gets-cut/" target="_blank">Sequester facts: What happens next, what gets cut</a></p>
<p><a href="http://blog.constitutioncenter.org/2013/02/why-congress-protected-its-own-pay-in-the-sequester-deal/" target="_blank">Why Congress protected its own pay in the sequester deal</a></p>
<p><a href="http://blog.constitutioncenter.org/2013/02/is-doing-yoga-at-a-public-school-really-unconstitutional/" target="_blank">Is doing yoga at a public school really unconstitutional?</a></p>
<p>It’s highly unlikely that a proposed amendment would come from Congress, since two-thirds of its members would need to agree to limit their own terms. Seniority in Congress has its rewards, such as influential committee and leadership positions.</p>
<p>There is a second path to a constitutional amendment, outlined in <a href="http://constitutioncenter.org/constitution/the-articles/article-v-amendment">Article V of the Constitution</a>, that mostly doesn&#8217;t involve Congress: Two-thirds of the states can call a constitutional convention. That has never happened since the original Constitutional Convention in 1787.</p>
<p>In the early 1990s there was a movement at a state level to pass laws that would limit terms for federal Congress members. The Supreme Court decided in <a href="http://www.law.cornell.edu/supct/html/93-1456.ZO.html" target="_blank"><i>U.S. Term Limits, Inc. v. Thornton</i></a> that such acts were unconstitutional.</p>
<p>Justice John Paul Stevens wrote the majority opinion in the 5-4 decision.</p>
<p>“We are, however, firmly convinced that allowing the several States to adopt term limits for congressional service would effect a fundamental change in the constitutional framework. Any such change must come not by legislation adopted either by Congress or by an individual State, but rather&#8211;as have other important changes in the electoral process &#8211;through the Amendment procedures set forth in Article V,” Stevens said.</p>
<p>“Nothing in the Constitution deprives the people of each State of the power to prescribe eligibility requirements for the candidates who seek to represent them in Congress. The Constitution is simply silent on this question,” said Justice Clarence Thomas in his dissent.</p>
<p>In all likelihood, the threat of a constitutional convention would be the one issue that could force Congress to vote for term limits on itself.</p>
<p>When the 17th Amendment was being considered in 1911, which involved the direct election of U.S. senators, there were nearly enough states asking for a constitutional convention to make it a reality. Congress acted quickly to get the 17th Amendment passed and sent on to the states for ratification, because once the quorum for a constitutional convention is called, its members may be able to propose as many amendments as they like.</p>
<p>Two other attempts to call conventions came close in 1969 and 1983 but failed to reach the successful number of two-thirds of the states petitioning Congress.</p>
<p><em>Scott Bomboy is the Editor-In-Chief of the National Constitution Center.</em></p>
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		<title>Happy birthday, 22nd Amendment!</title>
		<link>http://blog.constitutioncenter.org/2013/02/happy-birthday-22nd-amendment/</link>
		<comments>http://blog.constitutioncenter.org/2013/02/happy-birthday-22nd-amendment/#comments</comments>
		<pubDate>Wed, 27 Feb 2013 11:00:01 +0000</pubDate>
		<dc:creator>Holly Munson</dc:creator>
				<category><![CDATA[22nd Amendment]]></category>
		<category><![CDATA[Civic Calendar]]></category>
		<category><![CDATA[Congress]]></category>
		<category><![CDATA[Presidency]]></category>
		<category><![CDATA[Akhil Amar]]></category>
		<category><![CDATA[Franklin D. Roosevelt]]></category>
		<category><![CDATA[George Washington]]></category>
		<category><![CDATA[Great Depression]]></category>
		<category><![CDATA[World War II]]></category>

		<guid isPermaLink="false">http://blog-dev.constitutioncenter.org/?p=12708</guid>
		<description><![CDATA[Today we celebrate the anniversary of the 22nd Amendment (ratified in1951). Here’s what you need to know.]]></description>
				<content:encoded><![CDATA[<div id="attachment_12873" class="wp-caption alignleft" style="width: 452px"><a href="http://blog.constitutioncenter.org/wp-content/uploads/2012/02/Franklin_D.jpg"><img class="size-medium wp-image-12873  " title="Franklin D. Roosevelt" alt="" src="http://blog.constitutioncenter.org/wp-content/uploads/2012/02/Franklin_D-442x300.jpg" width="442" height="300" /></a><p class="wp-caption-text">Franklin D. Roosevelt. Source: U.S. National Archives and Records Administration.</p></div>
<p>Today we celebrate the anniversary of the <a href="http://constitutioncenter.org/constitution/the-amendments/amendment-22-presidential-term-limits">22nd Amendment</a> (ratified February 27, 1951). Here’s what you need to know:</p>
<h3>What it does<strong><br />
</strong></h3>
<p>It set a two-term limit for the office of president.</p>
<h3>Why it was added<strong><br />
</strong></h3>
<p>Following the precedent of George Washington, presidents until 1940 followed an unwritten rule that they would serve no more than two terms. The first–and only–president to serve more than two terms was Franklin D. Roosevelt, who led the country through the Great Depression and World War II. In 1945, a few months after the inauguration for his fourth term of office, Roosevelt died. Within a few years, a Republican Congress pursued a path for term limits on future presidents. This limit on presidential service is one of the defining features of the American presidency.</p>
<p>As constitutional scholar Akhil Amar noted in a Presidents Day <a href="http://blog.constitutioncenter.org/two-cheers-for-the-presidency/">post</a> on <em>Constitution Daily</em>, the limits of the American presidency is part of what makes it extraordinary: four years really means four years, and two terms really means two terms.</p>
<h3>Word-for-word</h3>
<blockquote><p><strong>Section 1.</strong> 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 one time. 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.</p>
<p><strong>Section 2.</strong> 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.</p></blockquote>
<div>
<p><a href="http://constitutioncenter.org/learn/civic-calendar">Civic holidays</a> are occasions to commemorate America’s history, celebrate our rights and responsibilities as citizens, and learn about our constitutional ideals. Download a PDF of the <a href="http://constitutioncenter.org/media/files/CivicCalendar2013.pdf">2013 Civic Calendar here</a>.</p>
<p><em>Holly Munson is assistant editor of <a href="../">Constitution Daily</a>, the blog of the National Constitution Center.</em></p>
<p><strong>Recent Constitution Daily Stories</strong></p>
<p><a href="http://blog.constitutioncenter.org/2013/02/constitution-check-would-a-drone-court-be-unconstitutional/" target="_blank">Constitution Check: Would a “drone court” be unconstitutional?</a></p>
<p><a href="http://blog.constitutioncenter.org/2013/02/sequester-facts-what-happens-next-what-gets-cut/" target="_blank">Sequester facts: What happens next, what gets cut</a></p>
<p><a href="http://blog.constitutioncenter.org/2013/02/why-congress-protected-its-own-pay-in-the-sequester-deal/" target="_blank">Why Congress protected its own pay in the sequester deal</a></p>
<p><a href="http://blog.constitutioncenter.org/2013/02/is-doing-yoga-at-a-public-school-really-unconstitutional/" target="_blank">Is doing yoga at a public school really unconstitutional?</a></p>
</div>
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		<title>Historic re-election pattern doesn’t favor Democrats in 2016</title>
		<link>http://blog.constitutioncenter.org/2013/01/historic-re-election-pattern-doesnt-favor-democrats-in-2016/</link>
		<comments>http://blog.constitutioncenter.org/2013/01/historic-re-election-pattern-doesnt-favor-democrats-in-2016/#comments</comments>
		<pubDate>Fri, 25 Jan 2013 20:55:05 +0000</pubDate>
		<dc:creator>NCC Staff</dc:creator>
				<category><![CDATA[22nd Amendment]]></category>
		<category><![CDATA[Presidency]]></category>

		<guid isPermaLink="false">http://blog-dev.constitutioncenter.org/?p=20876</guid>
		<description><![CDATA[It’s not too soon to start talking about the next presidential inauguration in 2017, and why the historical re-election trends favor the Republicans. Maybe Hillary Clinton, the current very-early front-runner for the Democratic nomination, can break the struggles that Democrats have had trying to win a presidential election after its candidate (or his legal successor)... <a class="more-link" href="http://blog.constitutioncenter.org/2013/01/historic-re-election-pattern-doesnt-favor-democrats-in-2016/">[Continue Reading]</a>]]></description>
				<content:encoded><![CDATA[<p>It’s not too soon to start talking about the next presidential inauguration in 2017, and why the historical re-election trends favor the Republicans.</p>
<p><img class="alignleft size-medium wp-image-19398" title="Andrew Jackson." src="http://blog.constitutioncenter.org/wp-content/uploads/2012/10/andrew-jackson-402x300.jpg" alt="" width="281" height="210" />Maybe Hillary Clinton, the current very-early front-runner for the Democratic nomination, can break the struggles that Democrats have had trying to win a presidential election after its candidate (or his legal successor) won two prior elections.</p>
<p>That’s only happened twice since 1828 for the Democrats, when the modern two-party era started in earnest. In 1836, the Democratic Vice President Martin Van Buren succeeded Andrew Jackson by defeating four Whig candidates, while President Franklin D. Roosevelt succeeded himself in 1940 by running for an unprecedented third term.</p>
<p>The Democrats have failed in four of their last five attempts to win three consecutive terms in office after taking two elections with the same candidate (or his legal successor), with just President Roosevelt winning in 1940 under very unusual circumstances.</p>
<p>The failed Democratic candidates include James Cox (1920), Adlai Stevenson (1952), Hubert Humphrey (1968), and Al Gore (2000). That puts the batting average for the Democrats at .333.</p>
<p>The Republicans have fared better than their opponents when it comes to extending control over the presidency after the same president (or his legal successor) won two straight elections.</p>
<p>Among the GOP candidates who were able to win that vital third election in a row for their party were Ulysses S. Grant (1868), Rutherford B. Hayes (1876), Theodore Roosevelt (1904), and George H.W. Bush (1988).</p>
<p>Republican candidates who lost in similar circumstances were Richard Nixon (1960), Gerald Ford (1976), and John McCain (2008).</p>
<p>Even with four defeats, the Republicans were batting .571 when it came to winning a third election, after the same president (or his legal successor) won two elections in a row.</p>
<p>But the more immediate trend is that in seven of the last nine elections, voters have decided to switch the party controlling the White House when a candidate (or his successor) had won two prior elections.</p>
<p>Part of the trend could date back to the FDR era, when Presidents Roosevelt and Truman, both Democrats, held office for a combined 20 years.</p>
<p>The <a href="http://constitutioncenter.org/constitution/the-amendments/amendment-22-presidential-term-limits">22nd Amendment</a>, which limits a president to two terms or 10 years in office, came as a direct consequence to that era.</p>
<p>The distrust of people in power also dates back to the age of the American Revolution and the mistrust of hereditary rulers with no curbs on their powers.</p>
<p><strong>Recent Constitution Daily Stories</strong></p>
<p><a href="http://blog.constitutioncenter.org/2013/01/senate-deal-puts-the-jimmy-stewart-filibuster-on-ice/" target="_blank">Senate deal puts the Jimmy Stewart filibuster on ice</a><br />
<a href="http://blog.constitutioncenter.org/2013/01/fascinating-facts-about-senate-filibusters/" target="_blank">Fascinating facts about Senate filibusters</a><br />
<a href="http://blog.constitutioncenter.org/2013/01/washington-state-ponders-next-moves-in-marijuana-standoff/" target="_blank">Washington state ponders next moves in marijuana standoff</a></p>
<p>The Republicans have controlled the White House for 20 consecutive years twice, but not since 1913, when President William Howard Taft left office.</p>
<p>If there was one period of pure political party domination, it was the first era of political parties before 1828. One party dominated the White House for 28 years, until President Jackson broke through with the newly created Democratic Party.</p>
<p>The Federalists and what historians now call the Democratic-Republican Party were rivals in 1796, when John Adams won the presidency over Thomas Jefferson. The Democratic-Republicans won the next five elections, and James Monroe ran mostly unopposed in 1820 for a sixth win. That led to a constitutional crisis in 1824, when four candidates from the same party ran against each other in a bitter race.</p>
<p>When Jackson lost the election in the House of Representatives to John Quincy Adams, our current two-party system was born as the future president broke away to form a new party. The Whig party appeared in the 1830s to battle the Democrats and was followed by the Republicans in the 1850s.</p>
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<col width="126"/>
<col width="77"/>
<col width="83"/>
<col width="91"/> </colgroup>
<tbody>
<tr height="20">
<td width="126" height="20"><strong>Candidate</strong></td>
<td width="77"><strong>Years</strong></td>
<td width="83"><strong>Party</strong></td>
<td width="91"><strong>Successor</strong></td>
</tr>
<tr height="20">
<td height="20"></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr height="20">
<td height="20">Jackson</td>
<td>1828-1836</td>
<td>Democrat</td>
<td>Democrat</td>
</tr>
<tr height="20">
<td height="20">Lincoln/Johnson</td>
<td>1860-1868</td>
<td>Republican</td>
<td>Republican</td>
</tr>
<tr height="20">
<td height="20">Grant</td>
<td>1868-1876</td>
<td>Republican</td>
<td>Republican</td>
</tr>
<tr height="20">
<td height="20">McKinley/Roosevelt</td>
<td>1896-1904</td>
<td>Republican</td>
<td>Republican</td>
</tr>
<tr height="20">
<td height="20"><em>Wilson</em></td>
<td><em>1912-1920</em></td>
<td><em>Democrat</em></td>
<td><em>Republican</em></td>
</tr>
<tr height="20">
<td height="20">Roosevelt</td>
<td>1932-1940</td>
<td>Democrat</td>
<td>Democrat</td>
</tr>
<tr height="20">
<td height="20"><em>Roosevelt/Truman</em></td>
<td><em>1944-1952</em></td>
<td><em>Democrat</em></td>
<td><em>Republican</em></td>
</tr>
<tr height="20">
<td height="20"><em>Eisenhower</em></td>
<td><em>1952-1960</em></td>
<td><em>Republican</em></td>
<td><em>Democrat</em></td>
</tr>
<tr height="20">
<td height="20"><em>Kennedy/Johnson</em></td>
<td><em>1960-1968</em></td>
<td><em>Democrat</em></td>
<td><em>Republican</em></td>
</tr>
<tr height="20">
<td height="20"><em>Nixon/Ford</em></td>
<td><em>1968-1976</em></td>
<td><em>Republican</em></td>
<td><em>Democrat</em></td>
</tr>
<tr height="20">
<td height="20">Reagan</td>
<td>1980-1988</td>
<td>Republican</td>
<td>Republican</td>
</tr>
<tr height="20">
<td height="20"><em>Clinton</em></td>
<td><em>1992-2000</em></td>
<td><em>Democrat</em></td>
<td><em>Republican</em></td>
</tr>
<tr height="20">
<td height="20"><em>G.W. Bush</em></td>
<td><em>2000-2008</em></td>
<td><em>Republican</em></td>
<td><em>Democrat</em></td>
</tr>
</tbody>
</table>
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