Fact Check: the 22nd amendment can be repealed or amended

Fact Check: "The 22nd Amendment Can Be Repealed or Amended"

What We Know

The 22nd Amendment to the United States Constitution, ratified in 1951, limits individuals to being elected President for no more than two terms. However, there is a legal pathway to amend or repeal this amendment. A joint resolution can be introduced in Congress to propose an amendment to the Constitution, which can then be ratified by three-fourths of the states. For instance, Congressman Andy Ogles recently introduced a House Joint Resolution aimed at amending the 22nd Amendment to allow a President to serve up to three terms (source-1).

Additionally, there have been multiple attempts to repeal the 22nd Amendment over the years. Notably, Representative José Serrano has introduced similar legislation in nearly every congressional session since 1997, although none have progressed to a floor vote (source-2). The process of amending the Constitution is well-established and has been utilized for various amendments throughout U.S. history.

Analysis

The claim that the 22nd Amendment can be repealed or amended is supported by the established procedures for constitutional amendments. The introduction of resolutions like H.J.Res. 15 demonstrates that Congress has the authority to propose changes to existing amendments (source-2). The 22nd Amendment itself was a response to Franklin D. Roosevelt's four-term presidency, reflecting a historical context where term limits were deemed necessary to prevent excessive concentration of power (source-6).

While the amendment process is theoretically straightforward, it faces significant practical challenges. Any proposed amendment must be ratified by 38 states, which is a high bar to clear, especially given the political divisions in the current landscape (source-8). Furthermore, the motivations behind attempts to repeal or amend the 22nd Amendment often reflect partisan interests, as seen in the case of Ogles' proposal, which is explicitly tied to the political fortunes of Donald Trump (source-1).

The sources cited provide a mix of legislative history and current proposals, highlighting both the feasibility of amending the Constitution and the political complexities involved. The reliability of these sources varies; government and historical documents are generally credible, while press releases may carry inherent biases reflecting the political agendas of their authors.

Conclusion

The verdict is True: the 22nd Amendment can indeed be repealed or amended. The constitutional framework allows for such changes through congressional action and state ratification. While there are significant hurdles to overcome, the ongoing proposals and historical attempts illustrate that this process is not only possible but has been actively pursued in the past.