Human nature calls for one to want to maintain a desirable circumstance and to want to uphold a position of power. It also leads individuals to develop the need to devise a plan to protect themselves from distasteful situations. The first two actions explain the historical events where terms limits for the presidency in the United States came into question. George Washington who served from 1789-1797 was very popular among the people. The delegates of the constitutional convention expected George Washington to be the first president to serve for more than the four-year one term when they allowed unlimited re-eligibility in the Constitution of 1787 (Ginsburg et. al., 2010). He served for two terms and so did the preceding presidents until Franklin D. Roosevelt.
The Framers’ decision represented on Article II, Section I that was serving then, did not prohibit the president from seeking reelection (Neale, 2009). Roosevelt exhibited the second human nature mentioned above by holding onto power. He served for more than third terms from 1933 until his death in 1945. Following this, congress approved the 22 nd Amendment of the constitution stating:
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“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.”
The two term limits restricted the capabilities of the president from running for office if they had served for 8 years or a maximum of 10 years if they had taken over from the position of vice president. Before Roosevelt, the two-term limit was more of a tradition that law especially after Thomas Jefferson declined a third term in 1908 (Baturo & Elgie, 2019). After the 22 nd Amendment, the two-term limit was law creating the rotation culture.
Commentaries have stated that since the constitution does not definitely state the limit in presidential power, the term limit is a way of maintaining the freedom of the citizens of the United States. It is a tool for distribution of power and as such diminish the relative power of the executive (Lopez, 2003). Term limits changed the nature of the executive branch in terms of increasing its autonomy (Lopez, 2003). Proponents who claim the two-term limit reduces chances of the president abusing the office support the claim. The leaders are aware that they are in the position for a set period and the people would remember them for the competency of their government during that time (Ginsburg et. al., 2010). The lack of a need for reelection is likely to direct the executive’s entire focus on public interest. Thomas Jefferson, a huge opponent of unlimited re-eligibility worried that it was promote political inertia and stagnation (Baturo & Elgie, 2019). According to him, long presidential terms would make the leader resistant to change but the rotation would ensure a refreshment of policies.
The arguments of those against the move highlight the undesired side effects of introducing executive term limits into the constitution. The primary argument is its illiberal constraint on the polity to retain the president it wishes to keep (Ginsburg et. al., 2010). According to the opponents of term limits, experience leads to efficiency in the execution of duties. Term limits however do not present the opportunity for the executive to gain experience in office thus denying the country of experienced leadership (Baturo & Elgie, 2019). Moreover, while the proponents claim an increase in accountability, opponents came out and disputed the notion. They claim that a limited period in office would actually encourage the executive to pursue self-interest as much as they can within the period and especially during the final term. An unlimited time in office on the other hand is an incentive against the misuse of office common during the final terms.
Human nature shapes many important institutions in terms of how they generate, evolve and how they function. While this trait may be a shortcoming, it is equally an asset when it translates to humans protecting themselves. Term limits is one such way that the citizens are ensuring that greed for power does not dominate the executive.
References
Baturo, A., & Elgie, R. (2019). Presidential Term Limits. The Politics of Presidential Term Limits , 1.
Ginsburg, T., Melton, J., & Elkins, Z. (2010). On the evasion of executive term limits. Wm. & Mary L. Rev. , 52 , 1807.
Lopez, E. J. (2003). Term limits: Causes and consequences. Public Choice , 114 (1-2), 1-56.
Neale, T. H. (2009, October). Presidential Terms and Tenure: Perspectives and Proposals for Change. Congressional Research Service, the Library of Congress.
