How Many Years Can A President Serve?
The debate over the U.S. President’s term length is nearly as old as the country itself, with arguments for and against long-term tenure for America’s most important officeholder. In this article, we’ll look at the laws that define a President’s term length, and the sometimes-unorthodox interpretations of those laws.
The Constitution and the 22nd Amendment
The 22nd Amendment to the U.S. Constitution states that “no person shall be elected to the office of the President more than twice,” but the Constitution itself establishes no term limits prior to the amendment’s ratifying in 1951. This shifted power away from individual presidents and the political elite, who previously held the right to serve an unlimited number of terms, and made way for the two-term limit we know today.
Term Length without the 22nd Amendment
Before the 22nd Amendment, four presidents sought to serve indefinitely. George Washington was the first, setting a precedent that he would only serve two terms in office. John Adams, Andrew Jackson, and Theodore Roosevelt all unsuccessfully tried to win a third term.
Without the 22nd Amendment, another president – Franklin D. Roosevelt – created a record that stands to this day by winning four presidential elections. While he was the only president to attempt it, the absence of a term limit would have allowed for a fifth consecutive win.
Constitutional Arguments for and Against Presidential Term Limits
Proponents of imposing term limits argue that serving an unlimited number of terms could lead to a tyranny from which citizens would have no respite. Supporters of an open-ended term length argue that since the President is an elected official, citizens have the power to limit the President by voting them out of office if they feel their policies to be unfavorable.
Notable Exceptions to the Two-Term Limit
There are certain exceptions to the two-term limit that are recognized by U.S. law and practice. A president can serve more than two terms if:
• They were appointed rather than elected: A sitting cabinet official, such as current Vice President Mike Pence, can fill in as President if their predecessor leaves office early. In this case, they do not begin a new presidential term, but instead fill the remainder of their predecessor’s.
• They are breaking a shorter-term streak: A president who previously held office for one or more terms but less than the total amount used in an election can re-run for office. For example, President Grover Cleveland left office after one term, then ran for a second term once enough time had passed that the two terms he held no longer counted as consecutive.
• The two-term limit is amended: Should the current two-term limit be amended, a sitting president at the time of the amendment’s passing can be exempt.
While the 22nd Amendment established the two-term limit we know today, phrases in the amendment itself contain avenues that could lead to a President exceeding the limits placed on them. Awareness of these exceptions, different interpretations of existing laws, as well as knowledge of the political power dynamic informs the academic discourse surrounding a President’s term length. Ultimately, the question of how many years a President can serve is subject to the same laws governing U.S. democracy, and the power of the electorate matters more than those of any President.
