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AMERICAN CONSTITUTIONAL LAW


CONSTITUTION OF THE UNITED STATES OF AMERICA
WITH COMMENTARY & ANNOTATIONS
AMENDMENT XXII:
PRESIDENTIAL TENURE:  LIMIT ON NUMBER OF PRESIDENTIAL TERMS

Amendment XXII, 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 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.

Amendment XXII, Section 2. This Article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.

LIMITATION OF PRESIDENTIAL TERMS

``By reason of the lack of a positive expression upon the subject of the tenure of the office of President, and by reason of a well-defined custom which has risen in the past that no President should have more than two terms in that office, much discussion has resulted upon this subject. Hence it is the purpose of this . . . [proposal] . . . to submit this question to the people so they, by and through the recognized processes, may express their views upon this question, and if they shall so elect, they may . . . thereby set at rest this problem.''\1\

NOTE:
\1\H.R. Rep. No. 17, 80th Cong., 1st Sess. 2 (1947).


The foregoing commentary was originally published the Congressional Record and in a document sponsored by the United States Senate on the United States Government Printing Office website.




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