Concept

Twenty-second Amendment to the United States Constitution

The Twenty-second Amendment (Amendment XXII) to the United States Constitution limits the number of times a person can be elected to the office of President of the United States to two terms, and sets additional eligibility conditions for presidents who succeed to the unexpired terms of their predecessors. Congress approved the Twenty-second Amendment on March 21, 1947, and submitted it to the state legislatures for ratification. That process was completed on February 27, 1951, when the requisite 36 of the 48 states had ratified the amendment (neither Alaska nor Hawaii had yet been admitted as states), and its provisions came into force on that date. The amendment prohibits anyone who has been elected president twice from being elected again. Under the amendment, someone who fills an unexpired presidential term lasting more than two years is also prohibited from being elected president more than once. Scholars debate whether the amendment prohibits affected individuals from succeeding to the presidency under any circumstances or whether it applies only to presidential elections. Until the amendment's ratification, the president had not been subject to term limits, but both George Washington and Thomas Jefferson (the first and third presidents) decided not to serve a third term, establishing the two-term tradition. In the 1940 and 1944 presidential elections, Franklin D. Roosevelt became the only president to win third and fourth terms, giving rise to concerns about a president serving unlimited terms. Section 1. 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 once. 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.

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