An American narrative of returning power to the people

The 2020 election has brought multiple constitutional topics to the forefront of daily discussions. The method by which the U.S. elects its president and the subsequent peaceful transfer of power are part of a larger theme that has come to define our nation.

For instance, the 22nd Amendment placed a constitutional prohibition on an individual being elected to more than two terms as president. However, even prior to its ratification in 1951, only one president had been elected to more than two terms: Franklin D. Roosevelt, who won four. Still, a trend of returning power prevailed.

The precedent of a president stepping down and giving back this power was set by George Washington. It was not the first such example, either. Following the conclusion of the War of Independence, Washington also resigned as commander in chief of the Continental Army.

Washington would once again relinquish power — at the end of his second term as president. Unfortunately, perhaps too much credit is given to Washington for his decision to step down. Personal and selfserving reasons were undoubtedly the primary catalyst for Washington’s retirement. Yet the precedent Washington set, even if was unintentional, has had an unquestionable influence on subsequent elections.

For example, Thomas Jefferson, as the end of his second term grew near, pointed to Washington when explaining why a third term would not be sought. “I should unwillingly be the person who, disregarding the sound precedent set by an illustrious predecessor, should furnish the first example of prolongation beyond the second term of office,” he stated.

Jefferson’s words are far from the sole evidence that Washington’s precedent was, in a word, real. As the Congressional Research Service suggests, “Jefferson’s decision acquired the force of tradition, at least in the short run, and was frequently attributed to Washington. Three of Jefferson’s four immediate successors, Madison, Monroe, and Andrew Jackson (1829-1837), who, arguably, would have been able to secure re-election, retired at the close of their second terms.”

The public discourse of numerous eras illustrates that it was not just a few who subscribed to the belief that term limits were advantageous and that the historical precedent from where it originated was part of our American fabric. Legislatures, political organizations, newspapers and the public all partook. Term limits have been a hotly debated issue throughout America’s history.

Ulysses S. Grant apparently had quiet ambitions to run for a third term. The Civil War hero’s failure to initially reject the idea of breaking Washington’s precedent during his second term created a stir. Researcher Stephen W. Stathis notes the futility in seeking a third term became apparent when the House of Representative condemned any such move. The 1875 resolution read, “Precedent established by Washington and other presidents of the United States, in retiring from the presidential office after their second term, has become, by universal concurrence, a part of our republican system of government.”

FDR successfully broke the two-term precedent. Yet it was the electorate that allowed Roosevelt to do so. As academics Tom Ginsburg, James Melton and Zachary Elkins assert, “no doubt some unspecified number of voters who might have otherwise been inclined to vote for him declined to do so because of the unwritten limitation.”

One could suggest even when Washington’s precedent was broken, its influence was still present. Within a few years of Roosevelt’s election to a fourth term, the 22nd Amendment would be ratified.

Let us remember that the topic of returning power to the people is not confined to the presidency. The expansion of the right to vote for presidential electors to individual citizens through a popular vote (previously chosen by state legislatures) may be cited. The 15th Amendment barred race as disqualification for voting. The 17th Amendment created a direct vote for U.S. senators (previously chosen by state legislatures). The 19th Amendment expanded the vote to women.

Countless steppingstones have led America to this point. The discussions the American public is having today are remarkably similar to those of the framers of the Constitution. If we want to see from where our rights and freedoms originate, we need not look any further than ourselves.