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This fact brief was originally published as an experiment to test the concepts behind fact briefs.
Readers should be aware that while there is still a lot of useful information in fact briefs like this one, not all of them reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date, don't hesitate to contact us at support@gigafact.org.

Can a president stay in office past the end of his or her term in the event of a war?

Sunday, November 15, 2020
By Amy Vong
NO

Article II of the U.S. Constitution defines a presidential term as four years, and literally not a minute more. The 20th Amendment specifies the transition time and date as noon on Jan. 20. Federal law detailing presidential war powers does not discuss term extensions in the case of war. No emergency-powers statutes appear to allude to the possibility.

There is no precedent for an extension of a term. Previous states of war have not disrupted the four-year election cycle. The election of 1864 was held during the Civil War, reelecting President Lincoln in a landslide. In 1940, after World War II had broken out but before the U.S. had entered it, President Roosevelt won a third term, and in 1944, as the Allies were advancing towards Germany, a fourth. (The 22nd Amendment, limiting presidents to two terms, was ratified in 1951.)

This fact brief is responsive to conversations such as this one.
ABOUT THE CONTRIBUTOR
Between 2020 and 2022, under close editorial supervision, Gigafact contracted a group of freelance writers and editors to test the concepts for fact briefs and provide inputs to our software development process. We call this effort Gigafact Foundry. Over the course of these two years, Gigafact Foundry writers published over 1500 fact briefs in response to claims they found online. Their important work forms the basis of Gigafact formats and editorial guidelines, and is available to the public on Gigafact.org. Readers should be aware that while there is still a lot of relevant information to be found, not all fact briefs produced by Gigafact Foundry reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date and need to be looked at with fresh eyes, don't hesitate to contact us at support@gigafact.org.
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