During a "declared" war, can the president stay in office beyond his term and not relinquish his position.

The need for steady leadership during World War II (1939-1945) made it possible for Democrat Franklin Delano Roosevelt to break the tradition by winning four successive elections between 1932 and 1944. In a reaction against Franklin Roosevelt’s extended presidency, in 1951 Congress and state legislatures approved the 22nd Amendment to the Constitution, which limits a president to two elected terms. The amendment also prohibits a person from running for election a second time if he or she has already served more than two years of a term to which someone else had been elected.

Update:

I have learned now about the Patriot Act providing this option and Directive 51. Thanks guys.

Update 2:

With all this talk about our going to war with Iran it makes me wonder if Bush just might have an ace up his sleeve. Hmmm

14 Answers

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  • 1 decade ago
    Favorite Answer

    Yes he can

  • 5 years ago

    Flower Lover is very close. Actually there is a situation where a President can serve 9 years and 364 days. The situation would only arise when the sitting president was killed, died, or became incapacitated two years and one day into a term. Under those circumstances the Vice President would assume the duties and could then be elected to two full terms. If the VP assumes the duties at less than two years it is considered a full term and he or she can only stand for reelection once.

  • 1 decade ago

    The Patriot Act, which was approved and adopted after 9/11, allows the president to stay in office during a declared war. Bush sneaked this one in on the American people.

  • Anonymous
    1 decade ago

    No. There was even a presidential election during the Civil War, but in Great Britain, which did not have a rigid constitution, this did happen.

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  • 1 decade ago

    You already answered your own question very precisely so I am not sure what answer you are looking for. Our founding father were very thoughtful and avoided the pitfalls that have plagued many other democracies. Amendment #22 tied up loose ends so that there is no ambigiuty

  • Anonymous
    1 decade ago

    only if martial law is declared could a president prolong his tenure. it would have to be pretty bad though, and unlikely to happen given our form of government and the 22nd amendment.

  • 5 years ago

    So, all you screwballs who said Bush snuck this in to stay in power. Here we are in 2015. Bush is gone, despite your lunatic rantings. So, good job conspiracy theorists!

  • Anonymous
    1 decade ago

    It is possible for the election to be suspended under the emergency powers act and also under the Patriot Act

    not likely,but possible

    I wouldn't put ANYTHING past the egomaniac we have in offfice

  • una
    Lv 4
    4 years ago

    Hello, just wanted to mention, I enjoyed this discussion. very valuable answers

  • Anonymous
    1 decade ago

    Oh no, this is almost as bad as order 66 when all the Jedi were killed.

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