Presidential Term Limits in American History

Presidential Term Limits in American History
Author: Michael J. Korzi
Publisher: Texas A&M University Press
Total Pages: 233
Release: 2013-03-28
Genre: Political Science
ISBN: 1603449914

An innovative historical study of the longstanding debate over executive term limits in American politics . . . By successfully seeking a third term in 1940, Franklin D. Roosevelt shattered a tradition that was as old as the American republic. The longstanding yet controversial two-term tradition reflected serious tensions in American political values. In Presidential Term Limits in American History, Michael J. Korzi recounts the history of the two-term tradition as well as the “perfect storm” that enabled Roosevelt to break with that tradition. He also shows that Roosevelt and his close supporters made critical errors of judgment in 1943-44, particularly in seeking a fourth term against long odds that the ill president would survive it. Korzi’s analysis offers a strong challenge to Roosevelt biographers who have generally whitewashed this aspect of his presidency and decision making. The case of Roosevelt points to both the drawbacks and the benefits of presidential term limits. Furthermore, Korzi’s extended consideration of the seldom-studied Twenty-second Amendment and its passage reveals not only vindictive and political motivations (it was unanimously supported by Republicans), but also a sincere distrust of executive power that dates back to America’s colonial and constitutional periods.

The Politics of Presidential Term Limits

The Politics of Presidential Term Limits
Author: Alexander Baturo
Publisher: Oxford University Press
Total Pages: 400
Release: 2019-06-20
Genre: Political Science
ISBN: 0192574345

Presidential term limits restrict the maximum length of time that presidents can serve in office. They stipulate the length of term the presidents can serve between elections and the number of terms that presidents are permitted to serve. While comparative scholarship has long studied important institutions such presidentialism vs. parliamentarism and the effects of different electoral systems, we lack a comprehensive understanding of the role and effects of presidential term limits. Yet presidential term limits and term lengths are one of the most fundamental institutions of democracy. By ensuring compulsory rotation in office, they are at the heart of a democratic dilemma. What is the appropriate trade-off between allowing the unrestricted selection of candidates at presidential elections vs. restricting selection procedures to prevent the possibility of dictatorial takeover by presidents who are unwilling to step down? In the context of a long and on-going history of changes to presidential term limits and the many and varied ways in which term limits have been both applied and avoided, this book explains the factors behind the introduction, stability, abolition, and avoidance of presidential term limits, as well as the consequences of changes to presidential term limits, and it does so in the context of non-democracies, third-wave countries, and consolidated democracies. It includes comparative, theoretical, and practitioner-oriented chapters, as well as detailed country case studies of presidential term limits across the world and over time.

The Original Meaning of the Fourteenth Amendment

The Original Meaning of the Fourteenth Amendment
Author: Randy E. Barnett
Publisher: Harvard University Press
Total Pages: 489
Release: 2021-11-02
Genre: Law
ISBN: 0674257766

A renowned constitutional scholar and a rising star provide a balanced and definitive analysis of the origins and original meaning of the Fourteenth Amendment. Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, according to Randy Barnett and Evan Bernick, the Supreme Court has long misunderstood or ignored the original meaning of the amendmentÕs key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws. Barnett and Bernick contend that the Fourteenth Amendment was the culmination of decades of debates about the meaning of the antebellum Constitution. Antislavery advocates advanced arguments informed by natural rights, the Declaration of Independence, and the common law. They also utilized what is today called public-meaning originalism. Although their arguments lost in the courts, the Republican Party was formed to advance an antislavery political agenda, eventually bringing about abolition. Then, when abolition alone proved insufficient to thwart Southern repression and provide for civil equality, the Fourteenth Amendment was enacted. It went beyond abolition to enshrine in the Constitution the concept of Republican citizenship and granted Congress power to protect fundamental rights and ensure equality before the law. Finally, Congress used its powers to pass Reconstruction-era civil rights laws that tell us much about the original scope of the amendment. With evenhanded attention to primary sources, The Original Meaning of the Fourteenth Amendment shows how the principles of the Declaration eventually came to modify the Constitution and proposes workable doctrines for implementing the key provisions of Section 1 of the Fourteenth Amendment.

The Federalist Papers

The Federalist Papers
Author: Alexander Hamilton
Publisher: Read Books Ltd
Total Pages: 420
Release: 2018-08-20
Genre: History
ISBN: 1528785878

Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

Amendment XXII

Amendment XXII
Author: Tracey Vasil Biscontini
Publisher: Greenhaven Press, Incorporated
Total Pages: 160
Release: 2010-01-01
Genre: Constitutional amendments
ISBN: 9780737750645

The reasoning and history behind the two term limit for United States presidents as set out in Amendment XXII.

The Twenty-Second Amendment and the Limits of Presidential Tenure

The Twenty-Second Amendment and the Limits of Presidential Tenure
Author: Martin B. Gold
Publisher: Rowman & Littlefield
Total Pages: 401
Release: 2019-11-27
Genre: Political Science
ISBN: 1498562671

For nearly a century and a half, Americans lived by a powerful tradition in which no President served more than two terms. Then came Franklin Delano Roosevelt, restricted by custom but not by law, who won a third term in 1940 and a fourth in 1944. Believing that the broken norm would be breached again, the Republican-controlled eightieth Congress acted to restore it, passing a constitutional change in 1947 to formalize an absolute limit on presidential tenure. Ratified in 1951, the Twenty-second Amendment created a lame-duck out of every two-term incumbent since Truman and has had an enormous effect on the institution of the Presidency, public policy, and national politics. Critics believe the Amendment diminishes the presidential office; however, Martin B. Gold contends it serves to maintain checks and balances central to the American Constitution while examining Presidents and term limits, from the spirited debates in the Constitution Convention, the role of custom in an unwritten Constitution, and the Twenty-second Amendment itself.

Constitutionalism and the Rule of Law

Constitutionalism and the Rule of Law
Author: Maurice Adams
Publisher: Cambridge University Press
Total Pages: 559
Release: 2017-02-02
Genre: Law
ISBN: 1316883256

Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.