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Old 14th Apr 2015, 16:52
  #73 (permalink)  
Lonewolf_50
 
Join Date: Aug 2009
Location: Texas
Age: 61
Posts: 5,570
Originally Posted by MarkerInbound View Post
He's 35, born in the US and been living here the last 14 years. If you're referring to the 22 Amendment, it says you can't be elected to the office more than two times. Nothing about succession.
There is also a 10 year limit.
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 the 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.
Because he can succeed to the Oval Office, he is not eligible as he'd run over the ten year limit implied in the above language. This is the bit about conflict with 12th amendment.
There is a point of contention regarding 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 whether a two-term president
could later serve as 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 the Twelfth Amendment concerns qualification for service, while the Twenty-second Amendment concerns qualifications for election, and thus a former two-term president is still eligible to serve as vice president. The practical applicability of this distinction has not been tested, as no former president has ever sought the vice presidency, and thus the courts have never been required to make a judgment regarding the matter.

Last edited by Lonewolf_50; 14th Apr 2015 at 18:08.
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