Twenty-second Amendment: Presidential term limits

George Washington stepped down after two terms, and Presidents followed that custom until Franklin Roosevelt won four elections. The Twenty-second Amendment made the custom law: no one can be elected President more than twice. California sets its own term limits for state offices. A city council like Williams's has term limits only if the city's voters approve them.

The text

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.

Source: National Archives transcription Verified1

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.

Source: National Archives transcription Verified1

Clause by clause

• "No person shall be elected to the office of the President more than twice." The limit is on elections, not years in office Verified1.
• Partial terms. Anyone 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" can be elected only once more Verified1. Our arithmetic: a Vice President who takes over with two years or less left can still be elected twice, for a total of up to ten years Calculated1.
• Grandfather clause. It didn't apply to the President in office when it was proposed (Harry Truman) Verified1.
• Seven-year deadline. It had to be ratified within seven years, like the Eighteenth, Twentieth and Twenty-first Verified1.

History

A 1947 House report described "a well-defined custom which has risen in the past that no President should have more than two terms in that office." The amendment was meant "to submit this question to the people" Verified2. That move "followed soon after the people had elected Franklin D. Roosevelt to unprecedented third and fourth terms of office, in 1940 and 1944, respectively" Verified2.

Congress picked its words on purpose. Broader language saying a two-term President "shall be chosen or serve as President ... or be eligible to hold the office" was rejected "in favor of the Twenty-Second Amendment's ban merely on election" Verified2.

Open questions

Because the amendment bars only election, it "would not prevent someone who had twice been elected President from succeeding to the office after having been elected or appointed Vice President" Verified2. The catch is the Twelfth Amendment: "no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President" Verified1. Is a two-term President "constitutionally ineligible"? No court has decided Verified2. See Twelfth Amendment.

Term limits in California

• Legislators. "During her or his lifetime a person may serve no more than 12 years in the Senate, the Assembly, or both, in any combination of terms" (Art. IV, §2) Verified4. See Article IV.
• Governor. "No Governor may serve more than 2 terms" (Art. V, §2) Verified4. See Article V.
• Congress is different. States can't put term limits on their members of Congress. U.S. Term Limits v. Thornton held that state-by-state rules would be "inconsistent with the Framers' vision of a uniform National Legislature" (U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779 (1995)) Verified5.

In Williams

• No federal limit on council terms. The Twenty-second Amendment covers only the presidency.
• How a city adopts council term limits. State law lets "the city council of a general law or charter city" adopt, or residents propose "by initiative," a limit on council terms or an elected mayor's terms. A limit "shall apply prospectively only" and needs a majority of voters "at a regularly scheduled election" (Gov. Code §36502(b)) Verified3. Williams is a general law city Verified6.
• What the city's guide says. The 2026 candidate guide says council members "serve a 4 year term" and doesn't mention any term limit Verified7.
• What we couldn't verify. We haven't found a Williams ordinance or ballot measure limiting council terms. A guide that doesn't mention one isn't proof there is none; ask the City Clerk before assuming either way.
• Staggered terms. The city's council page lists some members' terms ending November 2026 and others November 2028, so seats come up in different election years Verified8.

Common misconceptions

• "A President can never serve more than eight years." Someone who finishes two years or less of another's term can still be elected twice Calculated1.
• "Term limits were in the original Constitution." Two terms was only a custom until 1951 Verified2.
• "States can term-limit their members of Congress." Thornton says no Verified5.
• "The council can impose term limits on its own vote." Under §36502(b), voters must approve them Verified3.

Check yourself

Pick an answer for each question. You will see right away if it is right, and why.