Repealing the 22nd Amendment?

The 22nd amendment to the Constitution reads as follows:
Amendment XXII
Section 1. 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.
Why on Earth is there a bill in Congress to repeal this amendment?
109th CONGRESS, 1st Session
H. J. RES. 24

Proposing an amendment to the Constitution of the United States to repeal the 22nd amendment to the Constitution.

IN THE HOUSE OF REPRESENTATIVES, February 17, 2005

Mr. HOYER (for himself, Mr. BERMAN, Mr. SENSENBRENNER, Mr. SABO, and Mr. PALLONE) introduced the following joint resolution; which was referred to the Committee on the Judiciary

Conspiracy Planet writes:
Is it really possible? Bush For Life? House Judiciary Chairman F. James Sensenbrenner Jr. (R-Wis.)has sponsored legislation to amend the Constitution by repealing the 22nd Amendment, which confines the President to two terms.

Sensenbrenner, architect of the National ID requirements, which are a violation of the Ninth and Tenth Amendments, is also a prime supporter of the repeal of the Bill of Rights using the USA PATRIOT Act.

This is not the sort of website I would usually cite, but this is weird, disturbing stuff. Yet Watching the watchers notes it its not just wingnuts like Sensenbrenner supporting the bill:
My common sense, my hope, my faith in democracy tells me a bill like this will never pass. IF that is the case, however, why did a Democrat bring it forward? If there is bipartisan support for this bill, we are in a lot of trouble.
This strikes me as a really, really bad idea. I called Representative Hoyer's office about this and I am awaiting a reply.



Display:


two things (none / 0)

First off, there are constantly bills being proposed to amend the Constitution in all sorts of stupid ways.  Virtually none of them make it out of the starting gate.  Any idiot can propose an amendment, and plenty of idiots do - that doesn't mean it'll be so much as heard by the rest of Congress or put to a vote.

Second, if they really do want to repeal term limits, Bill Clinton would clean Bush's clock, election fraud or no election fraud.  In the stiff, robotic words of John Kerry, "Bring... It... On!"

"It's not enough to say you'll be ready from Day One - you have to be right from Day One."
by schroeder on Wed Jun 15, 2005 at 03:54:24 PM EST

Re: two things (none / 0)

Hells yeah! Bill and Hillary as his running mate. Unstoppable.
http://operationyellowelephant.blogspot.com/
by Vote Hillary 2008 on Wed Jun 15, 2005 at 09:21:30 PM EST
[ Parent ]

Now I'm envisioning (none / 0)

Bill versus Hill in the 2008 Dem primaries.

<blecch!>

Yeah, I'm cynical.
by catastrophile on Wed Jun 15, 2005 at 04:02:44 PM EST

Let's Amenda the right way (3.00 / 1)

OK- so they wanna play- let's play:

Section 1: Repeal the 22nd Amendment to say you cannot serve more than 2 consecutive terms OR make the repeal only apply to people elected after the Amendment takes effect.  

Yes, this eliminates our Clinton fantasies, but it also kills a third Bush term.

Section 2: Requires a voter verifiable paper ballot and paper trail for all federal elections.

Make them defend not wanting paper trails (which the public overwhelmingly supports).

Would you hire George W Bush to be YOUR latex salesman?
by jgkojak on Wed Jun 15, 2005 at 04:05:20 PM EST

Re: Let's Amend the right way (none / 0)

I like Section 2. Put them on the Defensive for once.
by Bruticus on Wed Jun 15, 2005 at 04:07:25 PM EST
[ Parent ]

Re: Let's Amenda the right way (none / 0)

I definitely like the two consecutive terms variation.  That's what Clinton was in support of.

by tunesmith on Wed Jun 15, 2005 at 05:13:44 PM EST
[ Parent ]

Re: Let's Amenda the right way (none / 0)

That is the way a similar state constitutional amendment was interpreted in North Carolina.

This allowed Jim Hunt to be elected to two more terms after 8 years off.

by wayward on Thu Jun 16, 2005 at 10:20:15 PM EST
[ Parent ]

RIGHT TO VOTE (none / 0)

we still don't have a constitutionally guaranteed right to vote.. (just to be equal)

We need that...

by ultraworld on Fri Jun 17, 2005 at 04:12:34 PM EST
[ Parent ]

Yeah, we would like to think (none / 0)

That this thing gets shot down..But I'm trying to figure out what Dumass Dems signed off on this ?
by Bruticus on Wed Jun 15, 2005 at 04:06:05 PM EST

Re: Yeah, we would like to think (none / 0)

William Jefferson Clinton...

That, and it wasn't Dems who got the thing passed to begin with...this was always an anti-FDR bill from day one, it was just nice that it hung Reagan and now Bush out to dry....

by Nazgul35 on Wed Jun 15, 2005 at 04:08:35 PM EST
[ Parent ]

What about FDR? (3.00 / 1)

I'd vote for his corpse over Bush any day.
BlueNC - Progressive NC Politics
by Robert P on Wed Jun 15, 2005 at 04:11:43 PM EST

Re: What about FDR? (none / 0)

Hell yes.  Best example ever why the 22nd Amendment should go.  It was just the product of a bitter Republican Congress jealous of the lingering popularity of the greatest U.S. president, Franklin Delano Roosevelt.
by lorax on Wed Jun 15, 2005 at 07:08:14 PM EST
[ Parent ]

Hoyer sponsored this bill (2.00 / 1)

Not Sensenbrenner.

It'd be nice to think otherwise, but it's insulting to be lied to on the front page when all I have to do is click a link to learn otherwise.

by Covin on Wed Jun 15, 2005 at 04:20:49 PM EST

Re: Hoyer sponsored this bill (none / 0)

Jesus...read the bill...he's co-sponsor...
...just a red meat eatin' Democratic Dawg at PolCampaign
by BigDog on Wed Jun 15, 2005 at 04:26:09 PM EST
[ Parent ]

Re: Hoyer sponsored this bill (none / 0)

Jesus... get a basic understanding of how the Senate works, and then come back and make a knowledgeable comment.
by Covin on Wed Jun 15, 2005 at 05:52:11 PM EST
[ Parent ]

Read the text. (none / 0)

Mr. HOYER (for himself, Mr. BERMAN, Mr. SENSENBRENNER, Mr. SABO, and Mr. PALLONE) introduced

Hoyer introduced the bill. The others are co-sponsors.

Yeah, I'm cynical.
by catastrophile on Wed Jun 15, 2005 at 04:31:48 PM EST
[ Parent ]

Re: Read the text. (none / 0)

This entry specifically stated that Sensenbrenner "sponsored" the bill himself, when in fact the bill is indeed "sponsored" by Hoyer. To "sponser" a bill in the Senate is widely understood to mean that one has written and introduced it; to "co-sponsor" merely means that one wishes to publicly support the bill, though that individual may not, and usually has not, had anything to do with its inception.

I am not defending Sensenbrenner or any other Republican. However, I will not stomach a false talking point and regurgitate it like some robotic bobblehead from Free Republic. There is a clear and definite difference between "sponsoring" and "co-sponsoring," and it's obvious that the object of the original statement is to imply that the bill is of Republican origin, when in fact--much more frighteningly--it is of Democratic origin.

This is an important distinction. Why are we making statements that shield members of our party from criticism from within, when they are clearly betraying our values? It smacks of groupthink.

There's no getting around it. The bill was created, sponsored, and introduced by a Democrat, but this story would have you and I believe otherwise. That's dangerous, and it's also wrong.

by Covin on Wed Jun 15, 2005 at 05:48:35 PM EST
[ Parent ]

Considering that (none / 0)

the excerpt from the bill naming the co-sponsors was cited before the article you object to, I think you're making too much of a minor distinction. In legispeak it means more than anywhere else, and the article was probably written by a layman.

If Coke and Ford both run commercials on the same program, is it incorrect to call Coke a sponsor?

More to the point: to say you're being lied to on the front page here, because of such a slight misstatement in a quoted article, is more than a little silly.

Yeah, I'm cynical.
by catastrophile on Wed Jun 15, 2005 at 06:01:03 PM EST
[ Parent ]

Re: Considering that (none / 0)

The statement I am referring to has conveniently been removed from the original entry. It specifically stated that the bill was "sponsored by Sensenbrenner," and I am happy to see that Chris realized his error and correct. Or I'm sad that I'm seeing things.

And no, your analogy is incorrect. Cosponsoring would be much more akin to Coke paying for an ad, creating the ad, and then airing the ad, after which Pepsi issues a statement saying that the ad speaks for them as well.

The only definition I could find after a few minutes on Google was here, but it is correct.

It's not that big of a deal, but it's important to stay out of the groupthink mindset early on. It's quite vulnerable to the snowball effect, as we all saw after 9/11, and it takes a long, long time to fix.

by Covin on Wed Jun 15, 2005 at 06:09:56 PM EST
[ Parent ]

No, (none / 0)

the statement is still there. It's in the third shaded block, after the one that identifies Hoyer as the person who introduced the bill, but before the one that asks "why did a Democrat bring it forward?"

As far as I can tell, there haven't been any modifications, convenient or otherwise, since the article was posted.

Quibbling is one thing, but keep in mind that you started out talking about how you were insulted because Chris was lying. Them's fightin', er, flamin' words.

Yeah, I'm cynical.
by catastrophile on Wed Jun 15, 2005 at 06:21:55 PM EST
[ Parent ]

No, no. (3.00 / 1)

I "misspoke." Right?

And I swear that the statement was somewhere else. Maybe I'm just tired.

by Covin on Wed Jun 15, 2005 at 06:41:50 PM EST
[ Parent ]

Is this such a bad idea? (none / 0)

Democrats shouldn't be afraid of amendments like this.  The amendment was passed only because of Republican frustration with the lengthy FDR administration.  In the highly unlikely event such an amendment were adopted, I don't think a third Bush term would happen anyway.  

On a related note, I don't think Democrats should oppose abolishing the US birth requirement for presidents because of fear of a Schwarzenegger candidacy.  Ahnuld wouldn't get elected anyway, but somebody like Granholm might.

Democrats need to look beyond the immediate.

by sparkyfry on Wed Jun 15, 2005 at 04:40:08 PM EST

Re: Is this such a bad idea? (none / 0)

No way in hell. Keep the natural born citizen requirement in place forever. Why? Because the American public is too fucking stupid to trust not to elect some dumbass actor to be president again. They did it once, they'd do it again.
http://operationyellowelephant.blogspot.com/
by Vote Hillary 2008 on Wed Jun 15, 2005 at 09:23:27 PM EST
[ Parent ]

This country did pretty good (none / 0)

for 160+ years without a 22nd ammendment. And in all that time FDR was the only President to serve more than 8 years. I don't see the need for a change in the first place, unless I was a Republican.

Do you really think the American public wants 12 straight years of Dubya? Look at the numbers. Besides, comparing the Clinton years to Bush years is a no-win situation for the GOP.

by zt155 on Wed Jun 15, 2005 at 05:03:24 PM EST

It was a gentleman's agreement (none / 0)

from George Washington on, up until FDR. There was no need to formalize the arrangement until somebody broke with it. Today, there's no such thing as a gentleman's agreement in politics.
Yeah, I'm cynical.
by catastrophile on Wed Jun 15, 2005 at 05:41:59 PM EST
[ Parent ]

Re: It was a gentleman's agreement (none / 0)

FDR broke the gentlemen's agreement when it was bad for the country.  Imagine if FDR had retired in 1940 and let somebody else (wouldn't have been Truman) run the country in wartime.  The gentlemen's agreement was abrogated in extraordinary circumstances.  If we had similar extraordinary circumstances today, we couldn't do anything about it because you can't abrogate a constitutional amendment.
by lorax on Wed Jun 15, 2005 at 07:13:28 PM EST
[ Parent ]

Meh. (none / 0)

IMO the election campaign is more disruptive than the act of changing Presidents.

The transition itself need not be disruptive at all, since you don't really need to fire everybody right away. Certainly you don't need to disrupt the military structure. If it were really necessary, a new Prez could keep the old guy on as an adviser (as seen on TV), by executive fiat.

Yeah, I'm cynical.
by catastrophile on Wed Jun 15, 2005 at 07:22:08 PM EST
[ Parent ]

Maybe we should (none / 0)

I go back and forth on this topic, as with the natural born thing.  I think the 22nd Amendment should maybe be repealed.  Bush wouldn't run again anyway, most Presidents wouldn't.  FDR did because America was heading into World War II, but the two term tradition would remain intact for the most part.  Clinton would  beat Bush anyday.  
Max Friedman
by Max Friedman on Wed Jun 15, 2005 at 05:11:05 PM EST

Careful (none / 0)

Why couldn't Ahnold be elected president if the natural born citizen clause was repealed. I know he's becoming unpopular in CA but nationally? in red and swing states? He would be just another spokesman for the same interests (except the fundies) that G.W is. I think arnie could just extend the nightmare.
by ruralvoter on Wed Jun 15, 2005 at 05:47:22 PM EST

Let's not panic here... (none / 0)

The amendment process is complex and lengthy by design. It still takes 67 Senators plus two-thirds of the House to submit an amendment to the states, so no "nuclear option" applies here. Even if this amendment got out of Congress, it would never get through 38 states in time for the 2008 election. It's been sitting in Congress for four months already. If this gets perceived as a Bush power grab, it's going nowhere. I don't know the numbers offhand, but Democrats surely control at least one legislative house in more than 12 states.  

Without a retroactivity clause, it's questionable whether a repeal would even apply to Bush, since he was elected to a second term with the 22nd in effect.

More fundamentally, if we're going to open debate on Presidential eligibility rules, the entire process should be put on the table. That means Electoral College reform too. As for the paper ballots, we need something bigger: an amendment guaranteeing the right of all Americans to vote, and to have their vote counted, in all elections at all levels. Let the Republicans try to argue against that.

by laviolet on Wed Jun 15, 2005 at 06:32:25 PM EST

This is a waste of time... (none / 0)

the amendment will not get the 2/3 needed to pass in both the senate or house. Even if it does, it is not going to get ratified by 3/4 of the state legislatures, and definitely not by 2008.

This is NOT going to happen. All debate is purely academic.

by bushsucks on Wed Jun 15, 2005 at 08:30:36 PM EST

My Tinfoil Hat Isn't Buzzing Yet (none / 0)

Repealing this in time for 2008 in theory would create and undefeatable candidate. Except, truthfully most Presidents are so done after eight years that very few could have ran for a third time and not had their clocks cleaned. No one really wants Bill Clinton back as President, but we'd take him in a heartbeat over Bush. So I would not suggest this is anymore than a bunch of old, white Congressmen having fun with their authority.
by risenmessiah on Wed Jun 15, 2005 at 08:43:30 PM EST

Senseless-brenner (none / 0)

Fortunately, I live a district away from the man. I think he is really out to be the Tom Delay of the North. Remember his performances during the impeachment hearings? He is a dyed-in-the-wool extremist, imo.

By the way, they are in the House, not the Senate. But I don't care if he is a co-sponsor or whatever. Maybe this won't go anywhere, but it is another symptom of how far off the deep-end the rightwing, including much of the current Congress, has gone.

Perhaps they can just crown him King.

by DDenver on Wed Jun 15, 2005 at 08:51:23 PM EST

STUPID IDEA (none / 0)

I don't trust the stupid American public with this kind of responsibility where they can elect a chimp like Bush over and over again. This is a democracy, not a monarchy -- we don't elect kings to office. Two term limits are healthy for democracy.
http://operationyellowelephant.blogspot.com/
by Vote Hillary 2008 on Wed Jun 15, 2005 at 09:26:04 PM EST

Great move for democracy (none / 0)

I would like to note that the Democratic Rep. Martin Olav Sabo of Minnneapolis is a co-sponsor.  This bill is in the tradition of his other idealistic perennial proposals:

  1.  National same-day voter registration laws
  2.  Declaring Election Day a national holiday
  3.  Restricting CEO pay to no more than 500 times that of a corporation's lowest-paid employee

If we are a party of principles, and if one of those principles is a true embrace of democracy, then we should stand against the 22nd Amendment and against the natural born rule.
by Zhirrad on Wed Jun 15, 2005 at 10:52:07 PM EST

Re: Great move for democracy (none / 0)

No thx. I'm not a member of your party anyway, so as an independent I say fuck that. I don't want anyone monopolizing the presidency. That's a 1-way ticket to a lifetime chimp in office.
http://operationyellowelephant.blogspot.com/
by Vote Hillary 2008 on Thu Jun 16, 2005 at 03:26:35 PM EST
[ Parent ]

Steny Hoyer (none / 0)

OK, he's the sponsor.  What do we know about him?

According to his congrssional website, Hoyer is a 66 year old guy with silver sides and a grayish top to his hair (picture).  He claims to be a "moderate."  He says there is no crisis in social security but it needs to be fixed.

His "biography" indicates a guy who is smart and either a "natural leader" or a relentless striver.  He's always running for stuff, ususally for "offices" within the legislature he's been elected too.

If I had to guess, this guy is doing this a) to get in the good graces of Sensenbrenner and b) for the publicity.

Anybody else care to figure this out?

by David Kowalski on Thu Jun 16, 2005 at 12:14:27 AM EST

Here's a better idea (3.00 / 1)

U.S. Presidents can serve numerous, non-consecutive 6yr terms.  This way, when there, they actually govern, instead of spend the entire first 4 years running for the 2nd.
by PHDinNYC4Kerry on Thu Jun 16, 2005 at 10:42:34 AM EST

Institutionalization (none / 0)

Living in a city, Milwaukee, and a state, Wisconsin, that tends to elect Governors and Mayors practically for life, I have seen the results when politicians become entrenched over endless re-elected terms.

Every commission and panel of any kind ends up completely packed with personal friends and supporters of that individual. Over the years, the advantages of being a friend/relative/contributor to that person mount, while people on the outside are more and more completely frozen out. The incumbent advantage becomes so overwhelming that no sane person even bothers to try to run, due to the huge waste of time and money when they inevitably lose.

I think it encourages a crusted and increasingly greedy oligarchy, at any level of government. Of course, with the Bush Administration at the Federal level, we already had it in his first Admin, partially because of the hangover from George, the first's, admin.

There is something to be said for not allowing the status quo to become overwhelmingly dominant and everlasting, even if many people seem to like it.

Remember the "Contract with America" (many of us called it the Contract on America)? Repubs really campaigned hard on term limits, until they got themselves in place.

I am very tired of the familial dynasties forming in this country, whether Dem or Repub. This kind of repeal of the Amendment would just open the door to more establishment of pseudo-royal families in this country.

Remember, incumbent advantage is humungous in this country, especially in the media age of the last 50 years, so allowing endless terms is flirting with lifelong dictatorships in this nation.

by DDenver on Thu Jun 16, 2005 at 11:14:24 AM EST

Recent trends (none / 0)

We are in one of the most "dynastic" eras ever.  Since 1980 (assuming W serves out his full second term), we will have 3 two-term Presidents and a one termer who was the father of another (a two termer).  Only once has this country had three two termers in a row.  That was near the start when the Virginians ruled the roost (Jefferson, Madison, Monroe).  Other than that era (3 in a row, 4 of 5, 5 of 7 with the two losers being named Adams) this is the closest we've been.

Ironically, the FDR-Truman-Eisenhower era jad only one President who fit the 2 term rule but came close to the same stability (3 Presidents, 28 years).

Otherwise, two termers were rare (Grant and Wilson plus Cleveland in a non-consecutive way).

Seeems like we are close enough to the dynastic rule without abandonning the 22nd Amendment.

by David Kowalski on Thu Jun 16, 2005 at 12:34:33 PM EST

I gotta admit... (none / 0)

...a Bill Clinton vs. Bush race would be amusing (Bill would win in a landslide).
by Geotpf on Thu Jun 16, 2005 at 01:19:26 PM EST

this is prep for the next attack (none / 0)

This is being proposed now so that when we get hit with the next big terrorist attack next year, the neocons can pull this out and make it possible for GW to get a 3rd term.

its a lot easier than suspending the 2008 elections as a national emergency move.

by carldec on Thu Jun 16, 2005 at 01:37:45 PM EST

Term Limits Are A Bad Idea (none / 0)

I fully support repealing the 22nd amendment.  For one thing, if Bill Clinton could have run in 2000, Monica or not, he would have won and we would not have had Bush.

Term limits already exist - they are called elections.  Ask Tom Daschle, Tim Hutchison, Max Cleland or numerous other Senators who have lost in the last few cycles if they think term limits are necessary.  I bet they will tell you no.

Let's not lose sight of what the party needs to do - rebuild itself with new ideas and a stronger infrastructure.  The term limits debate is a distraction from this.

by John Mills on Fri Jun 17, 2005 at 01:02:06 PM EST


You are not logged in.

In order to post a comment, you must be logged in. If you have a member account, please log in to comment.

If not, you can make an account right here. It's quick and free.