Can Barack Obama run for US president again? Can he take over from Joe Biden in 2024?

With the US presidential elections this November, the Democratic party is having a difficult time with just a few months remaining. From current White House resider Joe Biden’s numerous slip ups, generally put down to his age and health, rival Donald Trump is riding a red wave of Republican optimism.

Biden is being urged to let a younger, more vigorous member of the party step in and take the fight to Trump, whose own crimes and misdemeanours are being overlooked given everything that is going on (including an attempted assassination), and some Americans are wondering if former US President Barack Obama could take over from his own VP. The answer is a simple, no. Here’s why.

How many terms can a US president serve?

In the United States, the presidency is governed by a set of rules and traditions designed to maintain a stable and democratic system of governance. One such rule is the restriction that prevents a president who has already served two terms from returning to office.

The two-term limit for US presidents has its roots in the early years of the republic. George Washington, the nation’s first president, set an important precedent by voluntarily stepping down after two terms in 1797. Washington’s decision was driven by a desire to avoid the concentration of power in a single individual, reflecting his commitment to the principles of republicanism and the fledgling democracy. It’s worth noting that the two terms do not have to be continuous, as with the case with Trump.

Has any president served more than two terms?

For over a century, Washington’s example was followed voluntarily by his successors. However, this tradition was broken by Franklin D. Roosevelt, who was elected to four terms in office (1933-1945) during the crises of the Great Depression and World War II.

Roosevelt’s unprecedented tenure raised concerns about the potential for excessive executive power and prompted a reevaluation of the informal two-term tradition.

What does the US Constitutional say about term limits?

In response to Roosevelt’s four-term presidency, the 22nd Amendment to the US Constitution was proposed by Congress in 1947 and ratified by the states in 1951. The amendment explicitly limits presidents to two terms in office. It states:

“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.”

This provision means that once an individual has served two terms as president, they are constitutionally barred from seeking the presidency again, even after a break. The amendment was designed to formalise the tradition established by Washington and ensure that no single person could hold the office for an extended period, thus preserving the balance of power and preventing authoritarian rule.

Some people have tried to argue that there is a loophole in the Amendment, saying that the ‘shall be elected’ guidance could be circumvented by being voted as VP and then stepping up. This, however, has not been pushed in the courts.

Why is there a two-term limit for US presidents?

The two-term limit plays a crucial role in maintaining the democratic structure of the United States. It ensures regular turnover in the executive branch, promoting fresh leadership and ideas while preventing the entrenchment of power. This limitation also encourages political diversity and competition, fostering a healthy democratic process.

Moreover, the two-term limit reflects the broader American ethos of checks and balances. By restricting the duration of presidential power, the 22nd Amendment helps prevent the emergence of a political dynasty or the abuse of executive authority. It underscores the principle that the presidency is a public service role, not a lifetime position, and that leaders are accountable to the people. While this rule has stood the test of time, some noises coming out of Republican nominee and poll-leader for the November elections, Donald Trump, suggest it could face some challenging years ahead.