Date Written: 08-30-2003

Presidential Powers and Term Limits

Introduction

There are many individuals in this country that feel term limits should not exist, especially for the office of the president. One of the arguments in opposition to term limits is the belief that the existence of term limits infringes on the right of the people to elect the leadership that they want.

It is my personal belief that the absence of term limits decreases new ideas and directions that our nation can take and advance. With the passing of each president comes a new generation with an influx of beliefs and concepts. Four to eight years can provide plenty of time to implement important policies. Though there may be many presidents that would prove to be wonderful leaders, regardless of the amount of terms spent in office, there may be one individual that seeks and craves power beyond that of which the current office provides.

These types of individuals are dangerous, of the sort that has brought us Adolph Hitler, and Joseph Stalin. It is very dangerous to allow an individual to achieve enough power to take over the United States, especially during a vulnerable time as a national crisis or emergency. The Office of the President already has a significant amount of power at its disposal, and it is extremely plausible that under the right circumstances, regardless of term limits and checks and balances, that it is possible for an individual to take control of the United States.

History and Tradition

The policy of a two term limit for the office of President of the United States of America was not made law until 1951. The 22nd Amendment established limits on an individual from holding office for more than two terms. [1] Tradition for a two term presidency began with George Washington. According to a website specifically addressing the issue of term limits, termlimits.org, "George Washington stepped down - making it clear that no one should monopolize a seat of public power. He faithfully gave back to the people the enormous power they entrusted to him." [2] The amendment was contemplated after the tradition of a two term presidency was broken by Franklin D. Roosevelt. The web site further goes on to quote President Truman as saying, "In my opinion eight years as president is enough and sometimes too much for any man to serve in that capacity." And he added, "There is a lure in power. It can get into a man's blood just as gambling or lust for money have been known to do."

The Reasoning

The United States is the only nation, as far as I am aware, that has been able to change leadership without violence. This excludes assassinations, as the Vice President becomes President in such an event. [3] My comment is in relation to elections. Throughout American history, there have been no instances in which a President has attempted to become a dictator of the United States. Though, this has been the case up until this point, it does not mean that such an individual will never have the ambition to rise to such a level of power.

While there are checks and balances [4] in government to prevent any one branch from gaining complete power and control of the United States government, term limits help to further the ability to keep the presidency in check. Under the correct circumstances (e.g., war, terrorism, disease, etc.) a President can possibly have the ability to exercise a wide array of powers, and take control of the government indefinitely. While such a situation has never presented itself with such an individual in office as of yet, it is completely plausible of such an event to occur. Though term limits perhaps would not guarantee such an event from occurring, it does help limit the amount of time an individual can remain in office. While in office a president can appoint and influence many individuals in government, especially if holding office for a period of twenty years or more, to place that individual in a greater ability exert control over key officials and the country.

Presidential Powers

The President of the United States has a wide array of powers at his or her disposal once a national emergency is declared. In an article published online at World New Daily [5] by Sarah Foster titled "Clinton's 12 'national emergencies'" addresses some of these powers. According to Ms. Foster, "According to the 1976 Senate Report, by 1973 Congress had passed some 470 statutes giving extraordinary powers to the president. Unfortunately these were not listed, and Olson admitted he and Woll have not been able to locate that many. The task is made difficult because the statutes are not grouped together, but are found scattered throughout the titles of the U.S. Code. Some are even hidden away in the appendices." Ms. Foster sites The National Securities Act, [6] Merchant Marine Act of 1936 [7] Title 10, U.S. Code, Subtitle A, Part I, Chapter 3, Sec. 123 [8] Title 10, Section A, Part I, Chapter 3, Section 123, [9] Title 33, Chapter 17, Subchapter 1, Section 855. [10] International Emergency Economic Powers, [11] and Title 12, Chapter 2, Subchapter IV, Section 95. [12] While by far these are not the complete powers that the President holds during a time of national emergency, the ones listed demonstrate a portion of the significant power a president can have.

The Patriot Act, [13] which has been recently enacted, gives the government and law enforcement broader and farther reaching powers than previously allowed.

Final Thoughts

I recommend that anyone interested in learning more about the powers that the President of the United States has during a state of emergency read the United States Codes and Acts listed above and linked to in the citations section of this essay. While I do not have enough knowledge to fully understand at the present the powers and dynamics of holding the presidential title, I do know that it is a topic of great significance that I plan to research further.

On the issue of term limits, I am in complete support of a two term limit for the office of the President of the United States. As for presidential powers, I at the moment hold no opinion until I know more on the subject, but I hope that readers can acknowledge the potential power that the President holds, and how checks and balances, and term limits help limit such power and potential abuse of that power.

Citations

[1] Amendment XXII. United States Constitution.
http://www.law.cornell.edu/constitution/constitution.amendmentxxii.html
[2] Term Limits.org. George Washington Leads the Way.
http://www.termlimits.org/Press/Common_Sense/cs04.html
[3] Amendment XXV. United States Constitution.
http://www.law.cornell.edu/constitution/constitution.amendmentxxv.html
[4] Encyclopedia Americana. "Checks and Balances."
http://gi.grolier.com/presidents/ea/side/checks.html
[5] Foster, Sarah. The Imperial Presidency: Clinton's 12 'national emergencies.' World Net Daily. http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=16932
[6] National Security Act. Title 50, Chapter 34.
http://www4.law.cornell.edu/uscode/50/ch34.html
[7] Merchant Marine Act of 1936.
http://www.access.gpo.gov/uscode/title46a/46a_21_.html
[8] Title 10, Section A, Part I, Chapter 3, Section 123. Authority to suspend officer personnel laws during war or national emergency.
http://www4.law.cornell.edu/uscode/10/123.html
[9] Title 10, Subtitle A, Part II, Chapter 35, Section 603. Appointments in time of war or national emergency. http://www4.law.cornell.edu/uscode/10/603.html
[10] Title 33, Chapter 17, Subchapter 1, Section 855. Cooperation with and transfer to military departments. http://www4.law.cornell.edu/uscode/33/855.html
[11] Title 50, Chapter 35. International Emergency Economic Powers.
http://www4.law.cornell.edu/uscode/50/ch35.html
[12] Title 12, Chapter 2. Subchapter IV, Section 95. Emergency limitations and restrictions on business of members of Federal reserve system; designation of legal holiday for national banking associations; exceptions; ''State'' defined. http://www4.law.cornell.edu/uscode/12/95.html
[13] The Patriot Act.
http://news.findlaw.com/cnn/docs/terrorism/hr3162.pdf

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