Beyond the 22nd Amendment: Why America Could Reconsider Presidential Term Limits

By Ronen Kolton Yehuda (MKR: Messiah King RKY)

The United States should not be afraid to reopen the debate on presidential term limits. A serious democracy must always be willing to ask itself whether an old constitutional restriction still serves the public interest, or whether it unnecessarily limits the people’s freedom to choose their own leadership. The 22nd Amendment currently states that no person may be elected president more than twice. That is the law today. But it was not part of the original Constitution, and it is not the only democratic model possible. (National Archives)

This question matters especially because, if the constitutional rule were changed, the United States could theoretically reopen the field to several of the strongest and most recognized former presidents of modern times. Under a revised constitutional framework, Americans could one day imagine a race involving figures such as Former Presidents Barack Obama, Bill Clinton, and George W. Bush, as well as President Donald J. Trump, depending on the wording of the amendment and the political conditions at the time. Under current law, they are barred from another presidential election victory if they have already been elected twice. But if the Constitution were amended, that entire democratic map could change. (National Archives)

That possibility should not automatically be seen as dangerous or anti-democratic. On the contrary, one could argue that it would be deeply democratic. Why? Because democracy is not only about limiting leaders. It is also about trusting the people. If millions of voters still believe that a former president is the best person to lead the country in a difficult era, why should the Constitution permanently block that choice? That is not a foolish question. It is a democratic question.

America once trusted voters with this choice

The original Constitution did not impose a formal presidential term limit. For much of U.S. history, the two-term pattern was a political tradition associated with George Washington rather than a binding constitutional rule. The National Archives states clearly that the 22nd Amendment, ratified in 1951, codified that tradition after Franklin D. Roosevelt broke it by winning a third and then a fourth term. (National Archives)

What this “tradition” meant is important. The original Constitution did not contain a formal two-term limit. Rather, George Washington chose not to seek a third term, and because he was the first president, that decision became a powerful political precedent. It was not law, but it gradually became an accepted constitutional norm. Presidents were not legally forced to follow it, yet many felt politically and morally expected to do so, partly because Washington’s example helped define the presidency as a limited republican office rather than something resembling an elected monarchy. In that sense, the two-term tradition was not created by one formal vote or institution. It emerged through Washington’s personal decision, and then through long public acceptance of that decision as the proper democratic model. Only in 1951 did the United States convert that long-standing tradition into binding constitutional law through the 22nd Amendment. (National Archives)

That history matters. Franklin D. Roosevelt was elected four times — in 1932, 1936, 1940, and 1944. He remains the only American president elected four times. His repeated reelections were not anti-democratic. They were democratic victories under the legal framework that existed at the time. Americans were facing enormous crises, including the Great Depression and World War II, and they chose continuity of leadership. Only afterward did the political system decide to impose a permanent constitutional limit. (The Reagan Library Education Blog)

So the key point is simple: the current two-election cap is not an eternal law of democracy. It is a later constitutional choice. And what was created by amendment can also be reconsidered by amendment. (National Archives)

Why this debate could matter now

The modern United States is living through a period of geopolitical rivalry, technological disruption, economic anxiety, institutional distrust, and deep political polarization. In such a moment, many citizens may not want only novelty. Some may want proven leadership, familiar leadership, leadership with a known record in office. That is where this debate becomes politically powerful.

If the amendment were changed, the American people could be given the option of choosing among former presidents whose strengths, weaknesses, legacies, and governing styles are already known. A future race involving Obama, Clinton, and Trump would not be an ordinary election. It would be one of the most experienced and historically charged elections in modern democratic life. And if the amended rules and party conditions allowed it, one could even imagine George W. Bush re-entering the discussion as well. Under current law, of course, that is not possible for twice-elected former presidents. But the point of this article is precisely that the law itself is not beyond debate. (National Archives)

From one point of view, this could create a democratic win-win situation. If voters want a known and experienced leader, they could choose one. If they prefer a fresh generation, they could reject all former presidents and elect someone new. The important principle is that the decision would belong to the people, not to an automatic constitutional ban. In that sense, reopening eligibility could actually expand democratic choice rather than weaken it.

Why these figures matter

This issue becomes more vivid when we speak honestly about the figures involved.

President Donald J. Trump remains one of the most dominant forces in modern Republican politics. His supporters would argue that his influence, popular base, and disruptive political energy are exactly why voters should be free to choose him again rather than be barred from doing so by constitutional structure alone. Trump won the 2024 presidential election, meaning he has indeed been elected president twice and is therefore subject to the same constitutional barrier as other twice-elected former presidents. (FEC.gov)

Former President George W. Bush, though less central to current political life than Trump, could still be mentioned in a broader theoretical discussion. If the Constitution were changed in a sufficiently broad way, he too could return to democratic consideration. That would not mean an automatic candidacy, but rather restored constitutional eligibility, after which the normal political and party nomination process would still apply.

Former President Barack Obama remains one of the most globally recognized Democratic leaders of the 21st century. His supporters may argue that in an age of technological upheaval, political fragmentation, and global instability, he represents calm, international credibility, and institutional experience.

Former President Bill Clinton, despite the controversies of his era and legacy, is still remembered by many as a politically gifted and economically successful president. Supporters might argue that his political instincts and centrist appeal could still matter in a divided America.

The point is not that all of these men should run. The point is that in a democracy, voters may reasonably want the option to decide for themselves whether any of them should run.

Democracy is not only about preventing power — it is also about respecting choice

Defenders of the 22nd Amendment argue that term limits help prevent excessive concentration of power and reduce the risk of personality-driven politics. That concern is real. The National Archives notes that Congress proposed the amendment in 1947 amid concern that, without limits, the presidency could become a dictatorship lasting a lifetime. That concern deserves respect. (National Archives)

But democracy is not served only by limiting rulers. It is also served by respecting the people’s judgment. A constitutional system must balance two principles: first, the need to protect institutions from overconcentration of power; second, the need to preserve the people’s right to choose the leader they genuinely believe is best. The 22nd Amendment favors the first principle very strongly. A serious national debate is allowed to ask whether that balance should now be adjusted. (National Archives)

And it is important to say this clearly: changing the amendment would not end democracy. It would not abolish elections. It would not abolish Congress, courts, federalism, opposition parties, or the press. It would simply widen the range of people the public is permitted to elect.

Other democracies show that America’s model is not the only one

Other democratic systems do not all use a permanent lifetime-style exclusion after two electoral victories.

France limits its president to two consecutive terms, not an absolute lifetime ban after two wins. That means France still preserves the idea that a leader might return after a break. (elysee.fr)

Israel’s parliamentary system does not impose the same American-style lifetime cap on the prime minister. Political survival depends on elections, coalition-building, and parliamentary confidence. Even the fact that Israeli lawmakers have periodically proposed bills to limit a prime minister’s tenure shows that the matter is political and constitutional debate, not an unquestioned permanent principle in the way the 22nd Amendment is in the United States. (elysee.fr)

These comparisons do not prove that the United States must imitate other countries. But they do prove something important: allowing broader continuity of leadership is not inherently undemocratic. Democratic systems can structure executive tenure in different ways.

What reform could look like

If Americans ever decide to reconsider the 22nd Amendment, there are several possible models.

One model would be a full repeal, removing the lifetime electoral cap entirely and leaving the matter to voters.

A second model would be a two consecutive terms only rule, similar to France, allowing a former president to return after sitting out a full term. (elysee.fr)

A third model would be a three-term maximum, giving voters more flexibility without opening the door fully to unlimited reelection.

Other models are also possible. For example, lawmakers could create a rule that treats a full elected term differently from a partial term completed after succession, a rule that limits the total number of years a person may serve as president, or a rule stating that any reform would apply only to future presidents rather than retroactively, among other possibilities. (elysee.fr, archives.gov)

A technical amendment model: three terms or no term limit at all

If the United States ever seriously decides to revisit presidential term limits, the matter would have to move beyond theory and become a formal constitutional effort. This section focuses on two possible reform models for purposes of illustration: a three-term model, which would keep a limit but expand it, and a no-term-limit model, which would remove the constitutional election cap altogether. These are not the only possible approaches, but they help show how such a reform could be structured and advanced through the amendment process under Article V of the Constitution.

The first stage would be public and political debate. Before any amendment could move forward, the issue would need to be openly discussed in the country: in public debate, legal scholarship, political campaigns, media discussion, and party platforms. Supporters would need to explain why the existing two-election rule should be reconsidered, and opponents would argue why it should remain in place. That stage matters because constitutional amendments in the United States are difficult by design. They usually require not only legal drafting, but broad national legitimacy and serious political momentum.

The second stage would be drafting the amendment text itself. At that point, lawmakers and constitutional experts would need to decide exactly what model they are proposing. If the goal were a three-term model, the amendment could replace the present two-election limit with a new rule stating that no person may be elected president more than three times. If the goal were a no-term-limit model, the amendment could simply repeal the 22nd Amendment altogether. In that sense, the three-term option would usually require rewriting the rule, while the no-term-limit option could be done through direct repeal.

The third stage would be proposal at the federal level. Under Article V, the most realistic route would usually be for Congress to propose the amendment. That means the proposal would need to secure a two-thirds vote in the House of Representatives and a two-thirds vote in the Senate. Without that level of support in both chambers, the amendment would not move forward through the ordinary congressional route. In theory, Article V also allows a convention called by the states, but in practice the congressional proposal path is the more familiar and institutionally controlled model.

Under that alternative route, two-thirds of the state legislatures would have to apply for a convention, and any amendment proposed through that process would still need ratification by three-fourths of the states. Because that method has never been used and its procedures remain disputed, it is generally viewed as a more uncertain path than the ordinary congressional proposal route. (Congress.gov)

The fourth stage would be ratification by the states. Even after passing Congress, the amendment would still not become part of the Constitution unless it were ratified by three-fourths of the states. That is what makes constitutional reform in the United States so demanding. It is not enough for one party, one president, or even one Congress to want the change. The reform would need very broad support across the federal system. In practical terms, that means any proposal to expand presidential eligibility would have to persuade not only Washington, but a large majority of the states as well.

The technical difference between the two reform models would become especially important during drafting. A three-term amendment would preserve the principle that presidential tenure should still have a constitutional ceiling, while extending that ceiling from two election victories to three. That makes it a compromise model: it widens democratic choice, but still leaves in place a safeguard against indefinite reelection. A no-term-limit amendment, by contrast, would remove the presidential election cap entirely and return the question to the voters in each election cycle. That is a much more far-reaching constitutional change, because it would treat reelection as a purely democratic question rather than a constitutionally restricted one.

A simple illustrative draft for the three-term model could read: “No person shall be elected to the office of the President more than three times.” A simple illustrative draft for the no-term-limit model could read: “The Twenty-Second Article of Amendment to the Constitution of the United States is hereby repealed.” These are only examples, but they show that the debate can be framed in direct constitutional language rather than only political slogans.

A further technical question would be whether the amendment should apply immediately or only prospectively. That issue would have to be decided in the text itself or clearly understood in the political debate around it. If the amendment were written broadly and took effect upon ratification, then former presidents currently barred by the 22nd Amendment could potentially become eligible again, depending on the final wording. If, however, the reform were written to apply only to future presidents, then it would change the long-term structure of the presidency without reopening eligibility for figures already term-limited.

So, in practical terms, changing the rule would require this sequence: first, national debate and political support; second, precise constitutional drafting; third, a two-thirds vote in the House and Senate, or another valid Article V route; and fourth, ratification by three-fourths of the states. Only then would either a three-term model or a no-term-limit model become constitutional law. In other words, such a reform is absolutely possible in theory, but it could happen only through a very serious, very broad, and very lawful democratic process.

The Constitution itself allows this debate

None of this is beyond lawful constitutional debate or amendment. Article V of the Constitution provides the lawful amendment process. That means Americans are fully entitled to debate, propose, advocate, and argue for even major structural constitutional change. If enough democratic support existed, the rule could be changed through the constitutional process itself. (National Archives)

Conclusion

The United States does not have to remove presidential term limits. But it should be free to debate them honestly.

America once trusted voters to reelect a president more than twice. Franklin D. Roosevelt’s four elections prove that this was once part of the American democratic system. Today, the 22nd Amendment prevents a future race involving twice-elected former presidents such as Former President Barack Obama, Former President Bill Clinton, and Former President George W. Bush, as well as President Donald J. Trump. But that is the result of a constitutional choice made in 1951, not a timeless rule beyond question. (The Reagan Library Education Blog)

In my view, reopening the debate would not weaken democracy. It could strengthen it. It could allow Americans, in a crucial era, to decide for themselves whether they want continuity, experience, and known leadership — or a completely new direction.

Ultimately, the question is not whether term limits should be removed, but whether they should remain beyond reconsideration. Like any constitutional rule, they exist within a system that allows lawful debate and amendment. If the American people, through that process, choose to revisit the current limitation, they would be acting within the framework of their own democracy, not against it.

At the end of the day, the American people have the right to choose who leads them. That includes the right to return to experienced leadership if they believe it serves the country in a critical moment. The question of term limits is therefore not only a constitutional question, but a question of democratic trust, national direction, and political responsibility. If Americans decide that this issue matters, they have both the legal path and the democratic legitimacy to act. In a time of global competition and internal and external challenges, that choice — whether to maintain the current limit or to reconsider it — belongs to the American people.

References

National Archives. “The 22nd Amendment to the U.S. Constitution.” National Archives. (National Archives)

National Archives. “The Shape of Our Government: Amending America.” National Archives. (National Archives)

U.S. National Archives, Reagan Library. “Constitutional Amendments Series – Amendment XXII – ‘Term Limits for the Presidency.’” Reagan Library Education Blog, October 11, 2022. (The Reagan Library Education Blog)

Federal Election Commission. “Official 2024 Presidential General Election Results.” FEC.gov. (FEC.gov)

The Élysée. “The Constitution of the Fifth Republic (Constitution of 4 October 1958).” Article 6. (elysee.fr)

Congress.gov, Constitution Annotated. “Article V: Amendment Process.” (National Archives).

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Ronen Kolton Yehuda (רונן קולטון יהודה) MKR: Messiah King RKY 👑💜🦁