The Twenty Second Amendment Limited Presidents to two terms.
The belief that the president should always be eligible for reelection was important to the delegates at the Constitutional Convention. They believed reelection would serve as motivation for presidents to serve honorably. Governeur Morris called reelection “the great motive to good behavior.” He also warned that if one were to “shut the civil road to glory, and he (the president) may be compelled to seek it by the sword.”
The two term limit tradition was essentially invented by Thomas Jefferson, who thought that the lack of a term limit on president would lead to a kind of elective monarchy.
The two term limit tradition endured until Franklin Roosevelt was elected to his 3rd term in 1940 and 4th term in 1944.
David Carol
David Karol believes 22nd amendment should be repealed while Thomas E. Cronin believes it should remain in place.
David Karol believes that the simplest argument against the 22nd amendment is that it is undemocratic. He believes voters should have choice to vote for whom they choose, regardless of amount of terms served. Karol considers the 22nd amendment an anti-majoritarian provision of constitution. He admits anti-majoritarianism isn’t necessarily a bad thing. (bill of rights.) He believes 22nd amendment does not have benefits of other provisions which are against the will of the majority. It does not protect individual liberties or minority rights, nor does it encourage deliberation, stabilize policy making, or preserve federalism.
Karol implies that it is alright to go agaisnt founders original design if provision moves towards greater democracy. Karol believes that the 22nd amendment “overturns the considered judgement of the founders, while at the same time restricts voters rights” (moves away from greater democracy.)
Karol cites Morris as a founder in favor of unlimited reelection. Morris believed reelection promoted good behavior from president.
Karol also cites Alexander Hamilton in Federalist No. 72, in which Hamilton states his belief that term limits might deprive country of experienced leadership and might prohibit country from choosing person best suited to solve problem.
Karol believes that two term limit was essentially “post-humous vengeance on Franklin D. Roosevelt.”
Karol believes the notion that power corrupts over time, and therefore the longer a president is in office will lead to greater corruption is unfounded. He cites various presidents’ controversies in their first term as evidence. (Gulf of Tonkin, Watergate, George Bush).
Karol goes on to cite a study which finds no correlation between states’ term limits for governor and rates of corruption in the government.
Karol also believes that the notion that presidents do a better job if they don’t have to worry about reelection is also unfounded.
Karol Admits that taking away the 22nd amendment might weaken vice president.
He also believes that the amendment makes presidents less effective without curbing their abuses of power.
Thomas E. Cronin
Cronin believes that the 22nd amendment should be retained.
70% of those in congress approved it, and requited 36 state legislatures ratified it.
He gives four reasons why we should retain 22nd amendment:
1. Centralization of our national government, growth of power of executive. More of a presidency centric system.
2. Decline of Congress as checking and balancing branch, as well as temptation of corruption in later years.
3. Cronin believes it helps prevent political stagnation, and that it is healthy for two party system. Cronin also has fear of power of presidents appointments. President could influence 2/3 branches.
4. He claims that “Americans like idea of rotation in office” Why not repeal the 22nd amendemnt, and allow Americans to choose what they like, rather than telling us?
He says 8 years is enough, and that Presidents’ second terms are usually marked with failure.
Cronin believes 22nd amendment is trade off between protection of our liberty as a price we pay for enforcing the democratic principles of rotation in office.
Cronin believes it is a compromise between the need for Hamiltonian energy and continuity on one hand and republican and democratic principles on the other.
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