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To: jjotto
You're not looking at the precise language. The 12th Amendment says that "But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States." Under the 22nd Amemdment, it's not clear that a two-term president is constitutionally ineligible for the office of President. It says that a two term President can't be elected again, not that a two term President can't serve again.

Let's say, for instance, that GWB decided to run for Congress, he won, and then was elected Speaker of the House--third in line for the Presidency. And then let's further say that both the President and VP died in office, making the Speaker of the House the President. Could GWB serve? The language of the 22nd Amemdment certainly seems to support that position, since he wouldn't have been elected to the office of President more than twice.

The VP issue is admittedly a little less black-and-white, but the same principle applies. The 22nd Amendment doesn't address eligibility, just electability.

59 posted on 03/29/2013 6:28:42 AM PDT by Publius Valerius
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To: Publius Valerius

Yes. I see there are unknown hypothetical situations.

But the idea that the parties would play a game of musical chairs with prez and veep isn’t set up by the Constitution or Amendments.


60 posted on 03/29/2013 6:32:20 AM PDT by jjotto ("Ya could look it up!")
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To: Publius Valerius
The VP and President are elected by the same vote. A vote for one is a vote for both. So I don't think you can say that the VP is not elected if he replaces the President.

The only exception would be Gerald Ford, the only man not elected President by the Electoral College or the House of Representatives. Ford was nominated by Richard Nixon and confirmed by Congress to replace Spiro Agnew after Agnew resigned. When Nixon later resigned himself, Ford became President without ever being elected.

-PJ

63 posted on 03/29/2013 9:18:22 AM PDT by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
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