Posted on 07/11/2009 8:11:54 PM PDT by SunkenCiv
Section 1. : 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. But this Article shall not apply to any person holding the office of President when this Article was proposed by Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.
Section 2. : This Article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.
(Excerpt) Read more at caselaw.lp.findlaw.com ...
Congress passed the amendment on March 21, 1947. It was ratified by the requisite number of states on February 27, 1951.
WikiPedia commentary: Some have questioned the interpretation of the Twenty-second Amendment as it relates to the Twelfth Amendment, ratified in 1804, which provides that "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 Twelfth Amendment the original constitutional qualifications of age, citizenship, and residency apply to both the President and Vice President, it is unclear if a two-term President could later be elected -- or appointed -- Vice President. Some argue that the Twenty-second Amendment and Twelfth Amendment bar any two-term President from later serving as Vice President as well as from succeeding to the presidency from any point in the United States presidential line of succession. Others contend that while a two-term President is ineligible to be elected or appointed to the office of Vice President, he or she could succeed from a lower position in the line of succession which he or she is not excluded from holding. Still others contend that the Twelfth Amendment concerns qualification for service, while the Twenty-second Amendment concerns qualifications for election. Neither theory has ever been tested, as no former President has ever sought the Vice Presidency, and thus the courts have never been required to make a judgment.
FindLaw's commentary: "By reason of the lack of a positive expression upon the subject of the tenure of the office of President, and by reason of a well-defined custom which has risen in the past that no President should have more than two terms in that office, much discussion has resulted upon this subject. Hence it is the purpose of this . . . [proposal] . . . to submit this question to the people so they, by and through the recognized processes, may express their views upon this question, and if they shall so elect, they may . . . thereby set at rest this problem." [H.R. Rep. No. 17, 80th Cong., 1st Sess. 2 (1947)]
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Read for later. Thanks for posting.
Can't be VP if can't be President.
Ah, but what would happen if a 2-term president became Speaker of the House, and the president (or vice president) resigned?
What if Ahnold was Speaker?
This issue came up when Henry Kissinger became Sec. of State under Nixon. Kissinger was not a natural born citizen, yet he was high on the food chain of succession.
Then the office would go to the next person in the line of sucession.
The presidency would have to skip over that Speaker to the third in line (after the VP and Speaker).
Robert Byrd becomes President
"Hey! What's that supposed to mean?"
Why not, he’s already Grand Kleagle, and that’s one of those necessary rungs in the Demwit party ladder. :’)
As noted, it would wind up in court, perhaps even if the person involved recused themselves.
My pleasure.
He or she would be removed from the line of succession. After Vice-President would be president pro temp of the Senate then Secretary of State. It's the same as when Albright and Kissenger were Secretary of State, they were removed from the line of succession as well.
The rule still holds. Can’t be VP if can’t be President. Just because you’re in line doesn’t mean you’ll be allowed thru the door.
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