Proposal Aims to Change Constitution, Remove Presidential Terms

Author: Kellie Bartoli

Before he was even inaugurated, President Barack Obama drew steady comparisons to arguably one of the greatest presidents in history, Franklin D. Roosevelt. Both men used progressive tactics to communicate with Americans and each inherited the presidency at a less-than-ideal economic time. And if Rep. Jose Serrano’s (D-NY)  proposal passes – a lack of serving just two terms.

On Jan. 6 (the first day of the 111th Congress, in case you’re keeping score), Serrano introduced

H.J.Res.5 , a proposal to repeal the  22nd Amendment, removing presidential terms.

The 22nd Amendment was added to the U.S. Constitution on Feb. 27, 1951, when three-fourths of the states’ legislatures ratified it.

The “two term tradition,” as it is often known, dates back to George Washington, who, despite being wildly successful across the nation, didn’t seek a third term of office. Whether he meant to set a precedent or not, the ensuing leaders followed suit.

In an 1805 letter, Thomas Jefferson, America’s third president, wrote: “General Washington set the example of voluntary retirement after eight years. …I shall follow it, and a few more precedents will oppose the obstacle of habit to anyone after a while who shall endeavor to extend his term. Perhaps it may beget a disposition to establish it by an amendment of the Constitution.”

How prophetic, Mr. Jefferson! His constitutional vision wouldn’t be seen for a century or so, leaving a little wiggle room for a few presidents.

In 1860, Ulysses S. Grant sought a third term in office, after serving the country from 1869 – 1877. He narrowly lost out on the Republican Party’s nomination to James Garfield, who eventually won the presidency.

Just a few decades later, Theodore Roosevelt tried his hand at serving three terms. After assuming the presidency in 1901 after William McKinley was assassinated, Roosevelt was elected to his own term in 1904. But presiding over the United States from 1901 to 1909 wasn’t enough for Roosevelt. He attempted another election in 1912, but fell to Woodrow Wilson.

The most famous case concerns that other Roosevelt, though. FDR broke all precedent by being elected four times. The rising conflict in Europe helped lead Roosevelt to his third victory, and World War II ensured his fourth election.  One year after his fourth term began, Roosevelt suffered a stroke and died in office.

After FDR’s historic turn in the White House, Congress went to work on crafting an amendment to prevent such a presidency. While the 22nd Amendment wasn’t ratified until 1951, Congress actually passed it on March 21, 1947 – less than two years after FDR’s death.

But perhaps Rep. Serrano (and the others who have sponsored similar bills in the past) know something about American history that the rest of us don’t.

Many experts believe Washington’s iconic Farewell Address hints that it was Washington’s age that stopped him from seeking a third term.

“Washington didn’t want to die in office and have the succession appear ‘monarchical,’” wrote James MacGregor and Susan Dunn, college professors and authors of “George Washington.” “His primary reason for retiring was simply that after a lifetime of public service, he was bone-tired, desperate to return to the tranquility of Mount Vernon.”

The authors also note that Washington believed that term limits would “exclude from the presidency of a man whose leadership might be essential in a time of emergency.”

Alexander Hamilton, Washington’s close friend, fiercely opposed presidential term limits in his Federalist No. 72, saying among other things, that term limits would discourage new projects and threaten political stability.

While the current proposal to repeal term limitations doesn’t have any co-sponsors yet, many believe it has a chance to make an impact on Congress. It needs a two-thirds approval vote in both houses and ratification by three-quarters of states before becoming official.