It is far too premature to consider the presidential election of 2028, yet the Twenty-Second Amendment of the Constitution seems to disallow President reelection. Prevent Donald Trump from serving a third term To alter this situation, an amendment would likely be required. This arduous process is extremely challenging to finish: The Constitution has not been updated in over three decades.
When sharing my views on presidential third terms, I aim to steer clear of the present controversy, as it is heavily laden with political implications. Rather, I will concentrate on insights from U.S. history that could prove informative.
To start with, let me share my viewpoint: Implementing term limits goes against the principles of democracy. If citizens wish to re-elect a president multiple times (be it thrice or even thirty-three times), the Constitution ought to permit this since acknowledging the will of the majority is crucial within our governmental framework. Nonetheless, the Constitution doesn’t mandate adherence to democratic ideals. Currently, the constitutional restriction limiting presidents to two terms stands as the ultimate legal directive.
The framers of the 1787 Constitution did not impose any restrictions on how long a president could serve. George Washington, unanimously elected as president in both 1789 and 1792, had the option to run for another term in 1796 but chose not to, thereby setting up a precedent of serving only two terms which remained largely uncontested until Franklin D. Roosevelt won his unprecedented third term in office in 1940. For more details on this topic, see below.
Following George Washington, John Adams lost his bid for re-election in 1800, illustrating that no president had an automatic right to serve again. In line with Washington's precedent, after completing two terms, Thomas Jefferson indicated in 1808 that he wished his chosen successor—his most trusted political associate, James Madison—to take over, which the Electoral College confirmed. Subsequently, the presidency transitioned to yet another native of Virginia, James Monroe, during the election held in 1816.
There was no clear successor after Monroe, and John Quincy Adams was so disliked that he lost decisively during his bid for re-election in 1828 to Andrew Jackson. Throughout his eight years in office, Jackson faced significant controversy; however, he maintained solid backing from his supporters. If he had sought a third term in 1836, he likely still would have won. Nonetheless, Jackson selected his Vice President, Martin Van Buren, as his political protégé, thereby upholding the established tradition of succession in Washington.
This implies the following conclusion: For approximately five decades, a restriction on presidential terms was not needed since established customs and practical politics enabled successors to be re-elected once if they were well-liked, and voters could reject those who were not favored.
For many years following that period, political circumstances and fortune rendered presidential term limits largely superfluous. In 1864, Abraham Lincoln became the first president re-elected for a second term since Andrew Jackson’s election in 1832; however, Lincoln was tragically assassinated soon after his second inauguration.
Ulysses Grant was open to running for a third term in either 1876 or 1880; however, due to the corruption associated with his administration, his political party opted to select different nominees for these elections. As a result, the convention of serving only two terms persisted.
Theodore Roosevelt's leadership during the early 1900s th The century posed a distinct scenario. In 1900, TR was chosen as vice president, and following William McKinley’s assassination in 1901, he ascended to the presidency. He won another term in office in 1904, yet during Election Night, he declared—perhaps imprudently—that he wouldn’t seek reelection in 1908. By 1912, when he ran for president once more, he had changed his mind; however, he did not succeed this time around, securing only second place out of four contenders.
Franklin D. Roosevelt, who was related to Theodore Roosevelt from afar, got elected as president twice consecutively in 1932 and 1936. Despite expressing his desire for retirement after these terms, FDR stayed involved due to the ongoing conflicts in Europe and some areas in Asia during World War II. As there wasn’t a clear replacement at hand, Franklin continued running and winning elections; he secured another victory in both 1940 and 1944. This made him serve longer than any other American president up until then. Unfortunately, he passed away in April 1945 just beginning into what would have been his fourth term.
Following this, FDR’s political rivals joined forces to create what would later be known as the Twenty-Second Amendment, prohibiting a president from serving more than two terms.
During a TV interview, President Trump stated that "there are ways" he could run for a third term. While this might be something constitutional experts should examine, it likely necessitates an amendment.
Should Congress decide to amend the constitutional requirements for the presidency, they ought to also contemplate eliminating the undemocratic Electoral College system. The Preamble of our Constitution aimed at "forming a more perfect Union," and further steps must be taken to move closer to this ideal.
Steven S. Berizzi is an Emeritus Professor of History and Political Science at the Connecticut State Community College in Norwalk.