The U.S. will never have its own King Louis XIV, who reigned over France for a record 72 years and 110 days. At least not while the 22nd Amendment is on the books, which in 1951 provided the Constitution with language stating that no one president shall serve more than two terms in the White House.
Some call the language antiquated, however. After two historically unpopular major party nominees divided the country in a bitter election cycle during 2016, some might wonder if the law requires a 21st century cross-examination.
Q: Has anyone attempted to serve more than two terms?
The tradition of serving two terms has only broken by the people’s champion Franklin D. Roosevelt, although others have tried. His cousin Theodore attempted the feat running as a third-party candidate as an immensely popular former president. And, President Ulysses S. Grant tried for a third term — but lacked enough support from within his own party to acquire the nomination.
Q: Why was FDR elected so many times?
Roosevelt won an unprecedented fourth term to office in November of 1944, in the twilight of World War II just as Gen. George Patton was leading his Third Army to the defeat of the Germans in the Battle of Metz. He was responsible for steering the country through its two biggest crises, starting with the Great Depression in the ’30s. At the time the major parties nominated their own candidates, who the people of America could choose from in the general election.
Q: What would be the advantage of repealing the 22nd Amendment?
When their party is facing a potential loss in a big election, commentators on the left and on the right will often cite the law as something that ought to be repealed. During the course of the campaign, commentary journalists often said that Obama was the best Democratic choice as candidate for the presidency. From a states’ rights point of view, there are no advantages to repealing the law, which helps prevent too much centralized power.
Q: Is it likely to be re-examined by the courts in the near future?
The law is unlikely to be reviewed by the SCOTUS any time soon. Some members of Congress have tried to introduce bills that would repeal the law, but the legislation has always died on the floor.
Q: Is there a way around the law that would allow a president to serve longer?
In the case of the president’s death, the vice president would take the oath of office and effectively begin their first term on the spot. By law, they’d be allowed to run for two more terms of their own. Lyndon Johnson declined to do so, but Theodore Roosevelt tried to run in 1912 after serving as president from 1901 – 1909 following the assassination of William McKinley.
Q: What was the rationale behind the 22nd Amendment?
The Amendment reads as follows: “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.”
Most historians believe the law is tied to FDR, who died in office during his fourth term. It led to Harry Truman assuming the presidency totally unprepared, just as World War II was reaching epic new heights. Republicans such as Thomas Dewey had argued that 16 years of Roosevelt rule was a threat to democracy, and states were pushed to ratify the law, a process completed four years later.