Unfortunately, the 22nd amendment only limits the number of times that a person can be ELECTED to the office of President. By itself, it does not make a person ineligible to BE President. The 12th amendment bars anyone ineligible for the presidency to BE the vice-president. Since the 22nd amendment does not speak to the qualifications for BEING president, the 12th together with the 22nd cannot bar someone from succeeding, unelected, to the presidency.
More precisely, the last sentence of my above post should read: since the 22nd amendment does not speak to the qualifications for BEING president, the 12th together with the 22nd cannot bar someone, eligible according to the 12th amendment alone, from succeeding, unelected, to the presidency.
I think we need an opinion from someone who has presented arguments before the court.
Oh, Congressman, can you offer an opinion of whether the combination of the 12th and 22nd amendments make Bill Clinton ineligible to be VP? The question is whether he could still be VP because, even though he couldn’t be elected President he would be eligible to assume the office, unelected? IOW, he's only barred from being elected to the office of President, not offing his wife and assuming the job from the VP slot.
That formulation was posted by Wallaby in post #257