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Summary

The terms of the President and Vice President are set at four years by Article II, Section 1 of the Constitution. The 20th Amendment, ratified in 1933, sets the expiration date of these terms at noon on January 20 of each year following a presidential election. From 1789 to 1940, chief executives adhered to a self-imposed limit of two terms, although only 7 of the 31 Presidents from 1789 through 1933 actually served two consecutive terms in office. The precedent was exceeded only once, by President Franklin D. Roosevelt, who was elected to four terms, and served from 1933 through 1945. The 22nd Amendment, proposed and ratified following the Franklin Roosevelt presidency, provides that "No person shall be elected to the office of the President more than twice." It also specifies that Vice Presidents who succeed to the presidency may be elected to two full terms as President if they have served less than two years of their predecessor's term, for a theoretical total of 10 years' service as President. If, however, they have served more than two years of their predecessor's term, they can be elected to only one additional term, for a total of between four and eight years of service, depending on when the Vice President succeeded to the presidency. The debate continues as to whether the 22nd Amendment is an absolute limit on service as President. For instance, could a former President elected to two terms later be elected Vice President, and then succeed to the presidency on the departure of the incumbent chief executive? The 25th Amendment, ratified in 1967, provided, among other things, for vacancies in the office of Vice President, empowering the President to make nominations to that office when it becomes unoccupied, subject to approval by a vote of both houses of Congress. Although the length of the presidential term was decided after spirited debate at the 1787 Constitutional Convention, and the 22nd Amendment provides term limits for the President, proposed constitutional amendments that would alter these provisions are occasionally introduced in Congress. One proposal, which would lengthen the President and Vice President's terms to six years, was introduced frequently through the 103rd Congress. Some six-year term amendments proposed limiting the President to a single term, while others allowed for two terms, or no limit at all. Another category of amendment, which continues to be introduced in most Congresses, would repeal the 22nd Amendment. H.J.Res. 5, introduced in the 111th Congress by Representative José E. Serrano, falls into this category. H.J.Res. 5 was referred to the House Judiciary Committee, but no further action has been taken to date. This report will be updated as events warrant.

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