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One Radical Idea: Amend 22 | Sal Nuzzo President Franklin Delano Roosevelt was America’s only four-term president. Courtesy of US News. One Radical Idea: Amend 22 | Sal Nuzzo “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 the 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.” www.jamesmadison.org | 31 The Journal of The James Madison Institute n 1947, the 22nd Amendment to age of Facebook, Twitter and 24-7-365 news the United States Constitution was cycles. passed by the U.S. Congress. Most We now approach politics as a Iview the amendment as a reaction to the constant, never-ending process that affords unprecedented four presidential elections no rest from the campaign-mode of won by Franklin Delano Roosevelt. And for operation. As a result, no sooner is someone the most part, that is an accurate assessment. elected to office than they are faced with Nevertheless, from the early days of the the daunting challenges of fundraising for Republic, the framers discussed, considered, their next election (often before they are and debated a term limit even installed in office), on the Presidency. It is fending off potential future widely considered George “Maybe it is time primary opponents, and Washington’s refusal to ‘unshackle’ considering how to ensure to run for a third term success in their next that effectively muted the relationship election. This all happens the debate for more between the against the backdrop of than 150 years. Upon Executive and having to legislate in a the death of FDR, who divided government. The served 12 years and 39 the Legislative tasks at hand for the newly days (passing away short branches, by elected can appear at times of the 16 years to which allowing the impossible. he was elected) greater For the presidency, attention was paid to the president a this phenomenon is concept of limiting the longer period amplified to the highest time that a president may of time to degree. A campaign for serve. On Feb. 27, 1951, president now unfolds 36 states voted to ratify accomplish unofficially almost the 22nd Amendment to 21st century from the very moment the Constitution, thereby governing.” the current election is setting a term limit for concluded. No sooner election and overall time than Nov. 9 arrives and of service to the office of cable news, Twitter, blogs, President of the United States. and media outlets all over the world will Over the subsequent 65 years, begin the process of suggesting, evaluating, we have witnessed the transition of our comparing and contrasting the candidates entire Republic from the industrial to who will potentially challenge the day-old the information age. That change has president-elect. Within that reality, it can be impacted all areas of our existence – from widely predicted that the term of the newly the occupational, to the cultural and indeed elected president will unfold along a typical the political. Fast-forward to politics in the rough timeline. 32 | The Journal, Fall 2016 The Journal of The James Madison Institute Year one is emblematically a in the context of two full terms in office, to “honeymoon” phase where an attempt is accomplish much in the way of proactive often made to be deferential to the newly policy, as opposed to reactive situation inaugurated president and allow their management (react to the housing crisis, new cabinet and appointments time to react to global events, react to domestic get established and transitioned. From immediacies). For a president (regardless of there, a set of legislative priorities for the party affiliation), the next election is way too new administration is pulled together for soon – even right after the existing election. proposing to the Congress. It’s often said that simplest solutions Over the past several cycles (and are many times the most difficult ones. largely dependent upon the configuration of Nevertheless, there may exist a solution to the Congress), an administration will have the challenges faced by attempting to govern one, maybe two legislative cycles to push in the context of the 21st century campaign – top priorities before thoughts, intentions, albeit a radical one to suggest and a difficult and tactics shift to campaign and reelection. one to execute. And that possible solution is Depending on the results of the midterms, to amend the 22nd amendment to the U.S. tensions get elevated and the shift to the Constitution – in favor of a single, six-year next presidential election begins in earnest. term, for the office of President of the United Potential candidates begin the dance States. of “exploration,” congressional factions in The governing challenges in the opposing party thwart agendas, and yet the Presidency currently exist, at least another $1 billion is tossed around. Missing in part, because the media and social from this are inevitable battles over major environment have effectively shrunk the appointments, such as Supreme Court realistic policymaking window to an almost justices and controversial cabinet secretaries, impossible sliver of time. We govern in a as well as any possible scandals that may dynamic of constant campaigning, and at derail the movement of the incumbent’s the federal level this dynamic is its most agenda. severe. Maybe it is time to “unshackle” Dependent on the course and results the relationship between the Executive of the re-election campaign, the cycle either and the Legislative branches, by allowing gets repeated (with a new president-elect) or the president a longer period of time to dug in as the re-elected incumbent takes to accomplish 21st century governing. It legacy building. Within days of the election could give way to an increased ability to results, the focus of the media, political establish effective working relationships, scientists and those engaged in “the process” define and defend legislative proposals and inevitably shift to the dynamics of the NEXT policy priorities, allow for multiple cycles election (four years into the future). to accomplish those priorities, as well as to In the age of instant/new media, as govern outside of the paradigm of the never- we have seen since the Obama tenure in ending campaign. office, there exists only a tiny window, even Now, granted this idea would by its www.jamesmadison.org | 33 The Journal of The James Madison Institute very nature likely be challenged by those in The framers established our the opposing party of the current occupant. bicameral system as a necessarily slow Indeed, many may see this proposal as the process for legislation – that much is clear. equivalent of a nuclear option. However, Policy at the federal level is meant to be slow, consider the following – incumbent deliberate and a challenge, otherwise we’d be Presidents are re-elected more than 68 governed by the emotions of the moment. percent of the time. Now consider the actual Nevertheless, the framers themselves governing that has occurred in the final two originally considered the concept of a single years of the Obama, Bush (43), Clinton, or term. Reagan administrations. Indeed, scandals, In 1787, Constitutional Convention acrimony, legislative gridlock, partisan mud delegates voted to limit the president to one and election posturing have marred the final seven-year term. The final compromise, two years of each of these presidents’ terms. four-year terms without limit, was in large An alternative plan could promote a part due to the knowledge that the first structure of governance where an elected President would almost certainly be George president is freed from the burden of Washington – who was serving as the having to plan a re-election effort as soon presiding officer for the Convention. as he/she steps into the Oval Office. This As stated, President Washington declined to seek a third term after serving two full terms as President. This began an unwritten code among future presidents of not seeking more than two terms. This lasted until 1940 and Franklin Delano Roosevelt. Elections should have consequences and governing should be allowed to occur based on the results of The Constitutional Convention of 1787. Courtesy of teachingamericanhistory.org. those elections. In the information and media age, it is clear that the alternative plan could also create a situation current structure of terms is responsible for where every single policy plan would not be not addressing our most fundamental policy measured through the lens of an adversarial needs – tax reform, regulatory reform, and relationship between the executive and the many other actions to promote greater judiciary. economic prosperity. It is far more aligned to 34 | The Journal, Fall 2016 The Journal of The James Madison Institute promote nothing more than electioneering that these trips have more to do with the and electoral plotting. re-election agenda, and the 47 combined Thinking through the logistics of electoral votes that these two swing states such a change to our election structure, possessed for the 2012 reelection campaign. one extremely positive side effect would be Approximately 200 years ago, Alexis the impact on the financing and tactics of de Tocqueville summarized the current state electioneering – billions of presidential governance of dollars in the cottage when he said, “the desire industry of campaigning “Policy at the to be re-elected is the could be shifted toward chief aim of the president; the policy and ideas federal level that the whole policy of debate.
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