- Washington established two-term tradition in 1796
- FDR's 1940 third-term election prompted 22nd Amendment ratification
- Trump revives debate with unprecedented legal arguments
- Only 4 presidents attempted third terms since 1880
The United States’ presidential term limits emerged from George Washington’s symbolic refusal of perpetual power. After leading the Constitutional Convention and serving two terms, he voluntarily stepped down despite widespread public support. This precedent became sacrosanct, with even popular 19th-century leaders like Andrew Jackson declining third terms. The tradition held until Franklin Roosevelt’s 1940 election amid global warfare reshaped expectations.
Roosevelt’s unprecedented four-term presidency triggered backlash. His declining popular vote share – from 61% in 1936 to 53% in 1944 – revealed growing public unease. The 22nd Amendment, ratified in 1951, codified Washington’s precedent but included a critical loophole: vice presidents assuming office mid-term could still serve up to 10 years. This clause later enabled Lyndon Johnson’s eligibility despite succeeding Kennedy.
Modern challenges to term limits often correlate with national crises. While Reagan supported repeal for future presidents during Cold War tensions, Trump’s assertions differ. His 2020 claims about “testing” term limits coincided with pandemic disruptions, echoing FDR’s wartime rationale. Constitutional scholars note the 22nd Amendment lacks enforcement mechanisms for non-electoral power grabs, creating potential gray areas.
Regional ratification patterns reveal historical divides. Southern states like Texas and Georgia – now Republican strongholds – overwhelmingly supported the 22nd Amendment in 1951. This contrasts with current partisan debates, as 86% of recent repeal efforts originated from GOP legislators. Such shifts underscore how term limits evolved from unanimous tradition to polarized policy issue.
Legal experts identify three vulnerabilities in current law: temporary disability claims enabling extended acting presidencies, Supreme Court interpretation of “elected,” and convention bypass strategies. However, historical precedent remains potent – every president since Truman voluntarily adhered to two-term limits until Trump’s rhetoric. Whether this marks temporary posturing or constitutional crisis remains 2024’s defining question.