Editorial: A two-term limit?
The fact that 66% of the public favors a two-term limit for Presidents after this year’s election, as shown by the Gallup Poll, indicates that although prior to 1940 the two-term limit was only a tradition, it was nevertheless a tradition that the people approved of.
When the Constitution was written, many different suggestions concerning presidential tenure were put forth. Alexander Hamilton favored life tenure. Other proposals of single seven-year and five-year terms were made. None was accepted, other than the provision that the term be for four years. Not a word was said about reelection, or about how many reelections were desirable.
The two-term tradition was instituted by the first occupant of the office, President Washington. It took on the strength of an accepted limit principally by Jefferson’s insistence that two terms were enough, and that for any man to seek to exceed that limit would stamp him as an enemy of free government. It was one of Jefferson’s opinions on the subject, quoted by Senator Carter Glass in nominating Jim Farley, that drew resounding boos at the convention of Jefferson’s party in 1940.
The tradition was cast aside in 1940, however, by the people themselves. The issue was clear-cut and the third-term candidate won by a decisive, though not overwhelming, majority. The decision was reached constitutionally and legally, by the court of last resort in a republic – the voters.
But it is a different matter if now the same people seek to prevent a repetition. The only method possible to prevent it is by amendment to the Constitution which the Gallup survey finds that 66% of the people are for.
That does not necessarily mean that a majority which voted for a third term in 1940 is so disappointed in the experiences that it regrets its vote of four years ago. It may mean only that it is willing to accept this one exception, but is aware of the potential danger of unlimited tenure and believes a legal limit should be established.
Be that as it may, the tradition itself is dead. If the two-term principle is to be reestablished, an amendment is the only recourse. And if 66% of the people want it, it likely will be adopted – perhaps not at once, but in times to prevent a longer-than-two-term issue ever arising again.