Is there any constitutional law that can extend the second term of the president?

Question

Like in the event of a national security issue?

Answer 1

No.

The issue has been considered, and several factors apply. First, any such extension would need to be done with the full consent of Congress, declaring a National State of Emergency. Basically, Congress would need to vote to declare this country a dictatorship.

However, that only gets around the statutory limits. The Constitution itself provides hard limits on the term that are not subject to Congressional override.

The closest you could get (legally) is to have the new president appoint the old president to a specific cabinet position, have the Senate confirm that appointment, and then delegate select executive power to that cabinet position.

The current president could not (legally) do it on his own. That's called a political coup.

Answer 2

The 22nd Amendment to the US Constitution prohibits any person form being elected to more than 2 terms. It also prohibits anyone who serves more than 2 years of someone else's term form being elected more than once. The 10 year number does NOT appear anywhere. It is calculated by adding the 2 years of someone else's term with 2 terms of 4 years each. This amendment has NOTHING to do with extending the term of ANY President under ANY circumstances. There is NO provision in the Constitution or any amendment that directly addresses that issue. I am not aware of any act of congress that addresses the issue either. The closest I can find in the 20th Amendment. Section 1 set the beginning of the Presidents term at Noon on January 20. Section 3 states that if the President-elect is unable to take office, or has not been selected at that time, the Vice President-elect shall serve. It authorized Congress to provide for the case where neither the President-elect nor the Vice President-elect is able to assume the office. I would guess the Speaker of the House would assume the Presidency under current law. That is what would happen if both the President and Vice President died today. Because Congressional terms begin on January 3, the Speaker as of January 20, 2009 will be whoever is elected that month by whichever party wins control of the house in November 2008.

Edit: In response to David D's comment about Martial Law. Martial Law, by definition is the suspension of ALL laws and assumption of dictatorial power. Therefore, it can NEVER be legal.

Answer 3

First, Roosevelt did live to see his fouth term, although he died very early in that term.

Now, what the Constitution says:
1) A person can be elected President no more than twice.
2) A person who has served more than two years of a term to which someone else was elected can only be elected once.

There is nothing about extending the second term. Any "rumors" that Bush is trying to figure out how are simply the hysterical fantasies of those infected with BDS.

At any rate, contrary to what someone said above, Bush cannot wait four years and then run again. The Constitution doesn't allow for more than two nonconsecutive terms. By contrast, New York City's term limits on the mayoralty apply only to consecutive terms. Thus someone can be elcted mayor more than twice, as long as it's no more than two consecutive terms.

Interestingly, the Constitution limits the number of terms to which a person can be elected President, but is silent on succession in the event of the President's death or resignation. One can argue that a person can, after being elected to and serving two terms as President, be elected Vice President and then succeed to the Presidency upon the President's death.

On that last point, I'll note that under the Constitution, a person is eligible to be Vice President only if he or she is eligible to be President. Some argue that that limitation means that a wtice-elected ex-President cannot be elected Vice President (i.e., He is ineligible to be elcted President, so he is ineligible to be elected Vice President). The logic there is flawed, because the relevent ammendment says that one who was already elected President Twice is inelgible to be elected President again. It does not say he is ineligible to become President again.

It can be argued that the possibility of a two-term President running for Veep (and then possibly succeeding to the Presidency) violates the intent of the Constitution and relevant ammendments, and is therefore not allowed. It is unlikely that any of that will ever be tested in court.

Finally, those responses that say that there is basis in the Constitution for extending the term for two years are wrong. I suspect the confusion is caused by the Constitution's handling of succession and then subsequent election and relection. If the President dies exactly two years into his term, and the Vice President becomes President, serving the remaining two years, he can still be elected President twice and serve a total of ten years.

Answer 4

I could not find anything.

I do know that during the Cold War there were "Regions" setup in case DC was nuked. These were designed to be temporary Civilian run entities with limited power over the military in that region.

I would guess that the order of succession would take place should an election not be possible.

For those claiming the 2 year extension provide a link. I am curious.

The link below is US Code that goes a little deeper than the Constitution concerning succession.

Answer 5

You are actually asking two completely different questions here. One: can a presedent extend his/her time in office and the second: would it be legal.


By declaring a national state of emergency, he could suspend take over many elements of the private sector. Media, utilities even dictate salaries for private employees.

The most nebulous is the power to declare martial law. This suspends many civil rights guaranteed in the constitution. I will paste a link with some info on which. The elections themselves aren't mentioned but, with the suspension of a free press, it seems he could get away with a great deal. So, suspension of elections is possible. Whether or not it would "stick" depends on if the armed services support him or not.

Would it be legal? no. Could it happen? yes

Answer 6

The Constitution does not allow that, in fact it is very specific about that. There will be a Presidential election in November 2008, the new President will take office in January 2009, and President Bush can neither run for, nor win the Presidency again.

Answer 7

actually YES. in times of war the presidents second term may be extended for an extra 2 years. though i doubt that bush has the backing to pull that. and it is constitutional because it still only counts as 2 terms. hes never re-elected, just stays in longer. as far as i know, though, this only applys in times of national emergency

Answer 8

FDR did win 4 elections, but did not live to see his fourth term.

To be honest, the best thing Bush can do for the country is to step down gracefully and let his successor fix the mess he's caused.

Answer 9

"and the reason for the ammendment that set the 2 term limit was FDR's 4 terms.

(or was it 3? jeez, i'm forgetting my history)"

He was elected to 4 terms, but died before his 4th started. So he only served 3 terms.

Answer 10

No but law is 10 years so Bush can go extra 2 if someone helps.