22nd Amendment

Dr. Jill Biden Expresses Regret And Wistful Feelings Over Her Husband Not Running For President, And Many Share Such Feelings!

The Second Lady of the United States, Dr. Jill Biden, today expressed regrets and wistful feelings over her husband, Vice President Joe Biden, not running for President.

This is a thought and feeling shared by millions of Americans, including this blogger and author, who shares that sentiment!

Joe Biden is certainly not perfect, and no candidate is, but somehow, the feeling is that the Presidential race would have been dignified by his presence, and it might have changed the whole nature of the Presidential campaign.

Dr. Jill Biden, a community college professor, said that her husband would have been good at promoting compromise and progress, as that is his forte in politics, which is so true. The Vice President has helped President Barack Obama so much, as he gets along well with Republican leaders.

So this blogger will again say that the best possible Vice Presidential choice that Hillary Clinton could make, once she is the Democratic Presidential nominee, is to ask Joe Biden to run for a third term as Vice President, perfectly legal under the Constitution, although a President is limited to two elected terms by the 22nd Amendment.

Who would be better at helping a President Hillary Clinton to get things done than Joe Biden? And Hillary Clinton would have the blessing of both Biden and her husband, former President Bill Clinton, who would become “First Gentleman”, to assist her in making crucial domestic and foreign policy decisions!

This blogger backed the idea of a third term as Vice President for Joe Biden back in February of 2015, and John Hockenberry of “The Takeaway” on National Public Radio interviewed me on January 21 of this year regarding my promotion of Biden, and the eight minute interview is on the right side of the blog under “Interviews”!

There could be no better team than Hillary and Joe to be the top two people running our government starting January 20, 2017, and it would allow the nation to utilize the talents of a man who has served the nation for 44 years on the national level, and could now add four more to his amazing record of service!

Third Term Presidents: The Truth And The Historical “Might Have Beens”!

Anyone who studies American history knows that the 22nd Amendment, added to the Constitution in 1951, prevents any future President from serving more than two complete terms by election or a total of ten years by succession in the last two years of the Presidential term.

Only Franklin D. Roosevelt served more than eight years in the Presidency, a total of 12 years and 39 days, having been elected four times (1932, 1936, 1940, 1944), and this fact causing the opposition Republicans, when they controlled the 80th Congress in 1947-48, to pass the 22nd Amendment in 1947, and send it on to the state legislatures for ratification.

However, Ulysses S. Grant in 1876; Theodore Roosevelt in reality in 1912 as a third party (Progressive Bull Moose) candidate; Woodrow Wilson in 1920; and Harry Truman in 1952 considered a third term.

Additionally, it is clear that Dwight D. Eisenhower in 1960, Ronald Reagan in 1988 and Bill Clinton in 2000 would have won a third term if it had been allowed and they had agreed to seek it , with George H. W. Bush being the beneficiary of Reagan in 1988, and Al Gore being the beneficiary of Clinton in 2000, winning a larger margin of popular vote victory than any of the four cases of popular vote victory but Electoral College loss!

Also, if one considers popular vote victories of Andrew Jackson in 1824 and Grover Cleveland in 1888, but in each case losing the Electoral College, that could have meant three terms for Jackson (1824, 1828, 1832) and for Cleveland (1884, 1888, 1892)!

So if things had been different, instead of only FDR having a third and fourth term, we could have had Andrew Jackson, Ulysses S. Grant, Grover Cleveland, Theodore Roosevelt, Woodrow Wilson, Harry Truman, Dwight D. Eisenhower, Ronald Reagan, and Bill Clinton having third terms in the Presidency!

70th Anniversary Today Of Greatest 20th Century President’s Passing: Franklin D. Roosevelt!

On this day, April 12, 1945, 70 years ago, the greatest 20th century President, Franklin D. Roosevelt, died in Warm Springs, Georgia, after 12 years and 39 days in office. Many Americans could not recall any other President, as FDR had played a dominant role in the lives of Americans and in world affairs, through the two greatest crises since the Civil War under Abraham Lincoln—the Great Depression and the Second World War!

FDR had initiated a massive set of domestic reforms, known as the New Deal, which had changed the lives of millions of Americans in a positive way, and give the nation hope and confidence in the future, at a time when we had a higher unemployment rate, 25 percent, than we would ever have again. FDR transformed the role of the federal government, and brought about such permanent reform programs as Social Security; Unemployment Compensation; Minimum Wage; Labor Union recognition; the accomplishment of massive public works projects; federal insurance on bank deposits; agricultural subsidies; regulation of banks, the stock market and corporations; public housing; aid to the disabled and dependent children; conservation of natural resources; and so many other programs and ideas.

Then, FDR faced the dangers of Nazism in Germany, Fascism in Italy, and the aggression of Imperial Japan, when it looked as if democracy would be snuffed out worldwide, including in the United States. The greatest military effort since the Civil War created many problems in the postwar world, as the Soviet Union rose out of the war to become the new challenger to freedom in what became known as the Cold War, something FDR was trying to figure out how to deal with, when he died suddenly of congestive heart failure in the early months of an unprecedented fourth term, prevented from happening again by the 22nd Amendment to the Constitution.

One has to wonder how the nation would have fared had FDR been forced to leave office in January 1941 by term limits, as there was no obvious good alternative leader to FDR at that time. The challenge of overcoming isolationist sentiment, and then the Axis Powers aged FDR and caused his premature death at a delicate time when the war in Europe was one month from ending, and the war against Japan seemed likely to go on for several years. Fortunately, Harry Truman took up the mantle and handled the crisis of ending the war and the postwar world, as well as could be expected, as one looks back 70 years.

FDR had his shortcomings as all Presidents do, but the United States was blessed with a great, dynamic leader that we remember today on the 70th anniversary of his passing!

Vice President Joe Biden For A Third Term: A Wonderful Idea!

Vice President Joe Biden seems likely to have little chance of being the 2016 Democratic Presidential nominee, trying to overcome the vast advantages of Hillary Clinton, and he happens to be very good friends with the former Secretary of State, Senator, and First Lady. They fully trust and respect each other.

No one is better qualified to be President, with Biden’s 44 years of government service by the end of the second Barack Obama term. Joe Biden has been brilliant throughout his career, including stints as Chairman of the Senate Judiciary Committee and Senate Foreign Relations Committee, and the worst thing one can say about him is that he is prone to silly gaffes, that make him look silly, but have never done any real harm.

Joe Biden comes across as human, a person who can blunder on unimportant matters or utterances, but a man truly genuine and sincere, and easy going and real in the way he deals with everyone he meets.

Joe Biden has been a tremendous asset to Barack Obama, and their relationship is the closest there has been since Jimmy Carter and Walter Mondale bonded in the late 1970s. He has been an important emissary on Capitol Hill, and has done a great deal behind the scenes to try to smooth over differences, and is well liked by everyone, because he is exceptional in dealing with adversaries, as well as friends.

Joe Biden is a national treasure, who should not be retiring, and does not need to in 2016 IF Hillary Clinton, the likely Democratic nominee, decides that keeping Biden on is a major asset to her candidacy and Presidency, which it most certainly would be.

There is no limitation on a Vice President serving a third or more terms, as that is not covered by the 22nd Amendment, which sets limits only on the Presidency. George Clinton served under Thomas Jefferson and James Madison, and John C. Calhoun served under John Quincy Adams and Andrew Jackson, so Joe Biden serving under Barack Obama and Hillary Clinton has a precedent twice in the past.

The nation would be well served if Hillary Clinton would make a deal with Joe Biden now, and that would create the strongest possible Democratic ticket for 2016.

And if something untoward were to happen to Hillary Clinton, there is the most experienced man possible next in line, no matter what his age, to take over the Presidency.

Hopefully, Hillary Clinton will realize the virtues of offering the Vice Presidency to Joe Biden in the next few months, and the deal that is struck will insure the election of the Democrats to the White House in 2016!

22nd Amendment In Effect In Second Half Of Presidential Term Of Office

When the 22nd Amendment was added to the US Constitution in 1951, after being passed by Congress in 1947, it limited Presidents to two complete terms of office, or eight years, OR if becoming President by succession during a term, allowing any successor who came to the Presidency in the last two years of the term, to be elected twice, but if succeeding during the first half of a Presidential term, such person could only be elected once.

Therefore, when Lyndon B. Johnson succeeded John F. Kennedy with one year and two months left of the term, he was eligible, in theory, to be elected twice, although he withdrew from running for a second full term in 1968.

No one else has had that opportunity, and since Richard Nixon resigned, and was replaced by Gerald Ford with two years and five months left in the term, no vacancy in the Presidency has occurred, now for the past 40 years, the longest such period since the first Presidential replacement in 1841.

Now that the second half of the second term of Barack Obama has passed its midpoint at 12 noon two days ago, Vice President Joe Biden has the situation, whereby IF he succeeded to the Presidency at any time from this point forward, he could, in theory, serve up to 10 years in the White House, from ages 72 to 82.

While this is highly hypothetical, it could happen, with the constant death threats against President Obama, with many of these reported threats discussed in my forthcoming book on Presidential Assassinations and Threats.

The point to be made is that IF Joe Biden suddenly became President before the 2016 primaries, caucuses and elections take place, this scenario could occur, and no one should do what is so common—to underestimate the potential of Vice President Joe Biden, who has added so much to the Vice Presidential office’s history in his six years as number 2 man in American Government.

Presidential Succession Law Of 1886-1947 Needs To Be Renewed!

In 1947, the Republican controlled 80th Congress, in a fit of partisanship and anti FDR sentiment, changed the Presidential Succession Law of 1886, enacted during the first term of President Grover Cleveland.

That law made the succession for the Presidency beyond the Vice President to be as follows: Secretary of State, Secretary of the Treasury, Secretary of War, Attorney General, and then other cabinet agencies, including Interior and Agriculture.

That law made sense, as it meant that in case of tragedy hitting the President and Vice President, that members of  that President’s cabinet, people loyal to him, knowledgeable in  foreign and defense policies, and domestic policies, would be next in  line, in case of an emergency.

But the Republicans after World War II were furious that Franklin D. Roosevelt had been elected four times, so not only added the 22nd Amendment, limiting any future President to two elected term, or a maximum of ten years if he succeeded during a term, but also decided to make the Speaker of the House and the President pro tempore of the Senate second and third in line behind the Vice President.  That, of course, meant, that if anything had happened to President Harry Truman, and with no Vice President for the remainder of that term of office, that Speaker Joseph Martin, a Republican, would have succeeded him.

The idea of having the opposition party gain the Presidency during a term due to a tragedy was not based on what was good for the nation, but pure partisanship by the GOP.

But now, the extremism in the GOP, including the Tea Party Movement right wing whackos, makes the idea of John Boehner, or some other Republican gaining power of the executive branch under a Democratic administration totally reprehensible, as that would mean a dramatic turn to the far Right, although the people voted in a Democratic administration.  Also, the President pro tempore of the Senate, a position which is honorary based on seniority in the majority party in the Senate, brings the danger, not only of partisanship, but also the reality of a very old Senator, unfit to serve, being third in line for the Presidency, and at the time of Truman, second in line to be President!

That is why there is a need to repeal the 1947 law and return to the 1886 law, which makes the most sense, as the Speaker of the House, while elected, is only chosen by one Congressional district out of 435, and is therefore NOT representative of the nation, as much as a cabinet member, selected by the President but subject to Senate confirmation, is representative of the policies and ideals of the elected President!

The likelihood of this happening short term is near zero, but it is worthy of consideration for the near future!

Conservative Right Wing Attack On The Constitution: The Threat Of Another Constitutional Convention Wiping Out Constitutional Amendments!

The Founding Fathers gave us a Constitution, admitting in the process that there would always be room for improvements, so made clear that amendments were appropriate over time.

So we have had 27 Amendments, including the first ten that make up the Bill of Rights.

When one looks at the amendments, particularly those that came after the Bill of Rights, one realizes that the vast majority of them were “progressive” in tone, designed to expand democracy in America, or else, amendments dealing with the office of the Presidency.

So the “progressive” amendments included the 13th (ending slavery and involuntary servitude); the 14th (promoting due process and equal protection and making African Americans citizens); the 15th (guaranteeing the right to vote for African Americans and others which had been denied that right); the 16th (providing for a federal income tax to raise revenue to deal with mounting social and economic issues); the 17th (granting the people the right to elect their two United States Senators by popular vote); the 19th (guaranteeing women the right to vote); the 23rd (guaranteeing residents of Washington, DC the right to vote); the 24th (preventing a poll tax for voting); and the 26th (guaranteeing young people 18-21 the right to vote).

So nine of the seventeen amendments after the first ten of the Bill of Rights promote progressive change, while the 12th, 20th, 22nd and 25th deal with the office of the Presidency.

The only amendment that was ever passed to limit the freedom of Americans was the 18th (prohibition of liquor), but later repealed by the 21st Amendment.

Now we have the real threat by right wing conservatives, including the Tea Party Movement, who want a new Constitutional Convention to wipe out these “progressive” amendments!

They do not like voting rights for African Americans, other minorities, women, residents of Washington DC (mostly African Americans) and young people; and they are unhappy that African Americans are considered equal under the law, and if they had the ability to do so, they would love to re-enslave poor people, which by corporate power is occurring in an informal way for many minorities, as well as white lower class people struggling every day to survive!

And they wish they could restore the US Senate elections to the corrupt state legislatures, taking away the popular vote. Finally, they hate the federal income tax, even though many of them avoid substantial taxation by having investments, rather than working for a living like most of us do. So they would prefer a sales tax, which is regressive, and would hurt the middle class and the poor much more than the wealthy elite!

But that is exactly the extremist right wing intention—to restore the “good old days” when they were in charge, and everyone had to kowtow to them!

We must not allow such a threat to develop, so the battle for progressivism is never ending, as a result!

Barack Obama Meets The “Second Term Syndrome”

Barack Obama has hit a low point in public opinion in his first year of his second term, with the disastrous beginning of ObamaCare, the failure of the website to operate properly. He has also had great trouble getting anything else accomplished in domestic affairs, due to GOP opposition, and is also facing a multitude of troubles overseas.

His Presidency is under assault more than anyone could have imagined after his second election victory just a year ago.

It turns out that what could be called “Second Term Syndrome” has affected Obama, just as it did many of his predecessors who had a second term, including:

George W. Bush
Bill Clinton
Ronald Reagan
Richard Nixon
Harry Truman
Franklin D. Roosevelt
Woodrow Wilson

It makes one wonder if a one term Presidency would be better, but then the President would be, effectively, a “lame duck” the minute he is elected, instead of being such at the beginning of a second term, when everyone knows, since the passage of the 22nd Amendment in 1951, that the President is limited to two elections to the White House.

So there is no happy medium between a one term limit and a two term limit Presidency in reality!

Presidents Who Could Have Had Third Terms In Office

Anyone who studies American history knows that our only President who had more than two terms (eight years) in office was Franklin D. Roosevelt, who actually was elected four times, and served a total of 12 years and 39 days before dying in office in 1945.

But there were others who could have had more than eight years in office, were it not because of their own decision not to seek another term, or due to constitutional limitations via the 22nd Amendment!

These potential cases of Presidents who could have had more than eight years in office include:

Andrew Jackson (1829-1837), who would have won a third term had he chosen to run, but instead his Vice President, Martin Van Buren, ran and won the Presidency.

Theodore Roosevelt (1901-1909), who served seven and a half years after succeeding William McKinley six months into his second term, and then chose not to run in 1908, backing William Howard Taft who won, and then challenging Taft in 1912, on a third party line (Progressive Party), but lost to him. Despite the loss, TR won six states and 88 electoral votes, the best third party performance in American history.

Calvin Coolidge (1923-1929), who served five and a half years in the Presidency, after succeeding Warren G. Harding after two and a half years in office, and decided not to run in 1928, and instead, we saw Herbert Hoover win the Presidency.

These three Presidents mentioned above were popular enough to have won another term, and in each case, would have ended up serving more than eight years in office, as FDR did!

And then there are four Presidents since the 22nd Amendment limitation of two terms or ten years in office if succeeding to the Presidency with less than two years left of the term when they became President, all of whom could have been elected to another term, had there been no such limit!

Dwight D. Eisenhower could have won and run a third term in 1960, as could Ronald Reagan in 1988, and Bill Clinton in 2000, while Lyndon B. Johnson, had he not dropped out in 1968, likely would have beaten Richard Nixon, since his Vice President, Hubert Humphrey, came close to doing so, and did not have the fact of being President to help him win the election!

It is interesting that in all cases mentioned except three—Eisenhower, Johnson, and Clinton–the party of the President who did not run for reelection won the election. Eisenhower saw Richard Nixon lose a close election, despite much evidence of a fixed result for John F. Kennedy in 1960, and Johnson saw Humphrey lose to Nixon in another close election, where LBJ would likely have turned the tide! And Al Gore lost in 2000, despite a popular vote majority, due to the intervention of the Supreme Court in 2000, giving the Presidency to George W. Bush!

So instead of one President with 12 years and 39 days in the Presidency, we could have had, additionally, Andrew Jackson, Dwight D. Eisenhower, Ronald Reagan and Bill Clinton with 12 years in office; Theodore Roosevelt with 11 and a half years in office; and Calvin Coolidge with nine and a half years in office and Lyndon B. Johnson with nine years and two months in office!

And Martin Van Buren, William Howard Taft, Herbert Hoover, John F. Kennedy, Richard Nixon, George H. W. Bush, and George W. Bush might never have been President if the Presidents before had sought or been able to seek a third term in the Presidency!

PS Another thought that has come to me, belatedly, is that Grover Cleveland (1885-1889, 1893-1897), the only President with two nonconsecutive terms, actually won the popular vote in 1888, but lost in the Electoral College. Had the result been different, Cleveland, in theory, might have run in 1892, anyway, and could have been a three term President, and Benjamin Harrison would never have been President!

Second Term Doldrums Hit Obama Presidency As It Did For FDR, Truman, Ike, Nixon, Reagan, Clinton, And Bush II!

The second term doldrums have hit the Obama Presidency, and the likelihood of much more being accomplished now seems dim–whether immigration reform, gun regulations, climate change, or anything else.

The same thing happened to Franklin D. Roosevelt, Harry Truman, Dwight D. Eisenhower, Richard Nixon, Ronald Reagan, Bill Clinton, and George W. Bush in their second terms, and for all but Roosevelt and Truman, the 22nd Amendment, limiting terms of office to two terms, has helped contribute to the problem, as a President, even if he wins a massive second term victory, is still, fundamentally, a “lame duck”, since Congress and the news media know he is term limited, and will not be able to run for the Presidency again.

Scandals have harmed all of these Presidents mentioned, in that second term, with the exception of FDR, and foreign policy controversies also affected all of them, except Nixon and Clinton in their second terms in office.

So the controversies swirling today around Barack Obama will cause more focus to begin sooner on the race to replace him in the White House on January 20, 2017!