Twenty-second Amendment to the United States Constitution
As worded, the primary focus of the 22nd Amendment is on limiting individuals twice elected to the presidency from being elected again. Due to this, several issues could be raised regarding the amendment's meaning and application, especially in relation to the 12th Amendment, ratified in 1804, which states, "But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States". While it is clear that under the 12th Amendment the original constitutional qualifications of age, citizenship, and residency apply to both the president and vice president, it is unclear whether someone who is ineligible to be elected president could be elected vice president. Because of this apparent ambiguity, there may be a loophole in the 22nd Amendment whereby a two-term former-president could be elected vice president and then succeed to the presidency as a result of the incumbent's death, resignation, or removal from office (or even succeed to the presidency from some other stated office in the presidential line of succession).
Federalist No. 71
Hamilton defended the provision of the constitution for a presidential term of four years. Some alleged that this was too long a term and would increase the risk of the president amassing too much power. However, Hamilton defended the four-year term due to the energy the president should attain. To him, having an energetic executive meant someone who holds true power and intelligence which was apparent when building a strong union. He argued that a term of four years would give the president the ability to counteract temporary passions or influences of faction that may from time to time convulse the American people and their representatives in Congress. It is the duty of the executive, according to Hamilton, "to protect the interests of the people and the greater good of the nation, even when the people may, as a result of being deceived or manipulated, demand the adoption of flawed policy" (Gradesaver). He goes on to argue that a four-year term and the ability to run for reelection will make the president determined to pursue policies he believes will have the greatest impact. He thought that a term which is four years will give the president the ability to influence the American people and the representatives in Congress. According to Hamilton, it is the executive's responsibility to guard the greater good of the nation even when the people mandate the acceptance of flawed policy. Four years will also enable the president to follow policies he feels are best after the Congress approves. It is also enough time to commit to that position and not lose sight of why they are there in the first place.