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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)]

1 posted on 07/11/2009 8:11:55 PM PDT by SunkenCiv
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  1. the 1st Amendment
  2. the 2nd Amendment
  3. the 3rd Amendment
  4. the 4th Amendment
  5. the 5th Amendment
  6. the 6th Amendment
  7. the 7th Amendment
  8. the 8th Amendment
  9. the 9th Amendment
  10. the 10th Amendment
  11. the 11th Amendment
  12. the 12th Amendment
  13. the 13th Amendment
  14. the 14th Amendment
  15. the 15th Amendment
  16. the 16th Amendment
  17. the 17th Amendment
  18. the 18th Amendment
  19. the 19th Amendment
  20. the 20th Amendment
  21. the 21st Amendment

2 posted on 07/11/2009 8:13:27 PM PDT by SunkenCiv (https://secure.freerepublic.com/donate/__Since Jan 3, 2004__Profile updated Monday, January 12, 2009)
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3 posted on 07/11/2009 8:14:14 PM PDT by SunkenCiv (https://secure.freerepublic.com/donate/__Since Jan 3, 2004__Profile updated Monday, January 12, 2009)
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To: SunkenCiv
it is unclear if a two-term President could later be elected -- or appointed -- Vice President

Can't be VP if can't be President.

5 posted on 07/11/2009 8:18:06 PM PDT by ctdonath2 (John Galt was exiled.)
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