Twenty-second Amendment to the United States Constitution

It has been argued that the 22nd Amendment and 12th 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 presidential line of succession.<ref name="Coenen">{{cite journal |last1=Coenen |first1=Dan |author-link=Dan Coenen |date=2015 |title=Two-Time Presidents and the Vice-Presidency |url=https://digitalcommons.law.uga.edu/fac_artchop/1012/ |journal=[[Boston College Law Review]] |volume=56 |pages=1287–1344 |ssrn=2592508 |access-date= |archive-date=October 2, 2024 |archive-url=https://web.archive.org/web/20241002195423/https://digitalcommons.law.uga.edu/fac_artchop/1012/ |url-status=live }}</ref><ref>{{cite web| title=Constitutional Sleight of Hand| last=Franck| first=Matthew J.| date=July 31, 2007| access-date=June 12, 2008| work=[[National Review]]|url=http://bench.nationalreview.com/post/?q=NDgwODVmMzcwMTQwNDM3YjU0OGE5ZjQyOTIxNmUyYzY=|archive-url=https://web.archive.org/web/20080613214946/http://bench.nationalreview.com/post/?q=NDgwODVmMzcwMTQwNDM3YjU0OGE5ZjQyOTIxNmUyYzY=|archive-date=June 13, 2008}}</ref> Others contend that the [[original intent]] of the 12th Amendment concerns qualification for service (age, residence, and citizenship), while the 22nd Amendment concerns qualifications for election, and thus a former two-term president is still eligible to serve as vice president. Neither amendment restricts the number of times someone can be elected to the vice presidency and then succeed to the presidency to serve out the balance of the term, although the person could be prohibited from running for election to an additional term.<ref>{{cite news |last=Dorf |first=Michael C. |author-link=Michael C. Dorf |date=August 2, 2000 |title=Why the Constitution permits a Gore-Clinton ticket |url=http://archives.cnn.com/2000/LAW/08/columns/fl.dorf.goreclinton.08.01/ |archive-url=https://web.archive.org/web/20051001004410/http://archives.cnn.com/2000/LAW/08/columns/fl.dorf.goreclinton.08.01/ |archive-date=October 1, 2005 |work=[[CNN]] |publisher=}}</ref><ref>{{cite news| title=How to bring back Bill: A Clinton-Clinton 2008 ticket is constitutionally possible| last1=Gant| first1=Scott E.| last2=Peabody| first2=Bruce G.| url=https://www.csmonitor.com/2006/0613/p09s02-coop.html| work=[[The Christian Science Monitor]]| date=June 13, 2006| access-date=June 12, 2008| archive-date=January 14, 2021| archive-url=https://web.archive.org/web/20210114215626/https://www.csmonitor.com/2006/0613/p09s02-coop.html| url-status=live}}</ref> The practical applicability of this distinction has not been tested, as no person has been elected president and vice president in that order, regardless of terms served.

It has been argued that the 22nd Amendment and 12th 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 presidential line of succession.<ref name="Coenen">{{cite journal |last1=Coenen |first1=Dan |author-link=Dan Coenen |date=2015 |title=Two-Time Presidents and the Vice-Presidency |url=https://digitalcommons.law.uga.edu/fac_artchop/1012/ |journal=[[Boston College Law Review]] |volume=56 |pages=1287–1344 |ssrn=2592508 |access-date= |archive-date=October 2, 2024 |archive-url=https://web.archive.org/web/20241002195423/https://digitalcommons.law.uga.edu/fac_artchop/1012/ |url-status=live }}</ref><ref>{{cite web| title=Constitutional Sleight of Hand| last=Franck| first=Matthew J.| date=July 31, 2007| access-date=June 12, 2008| work=[[National Review]]|url=http://bench.nationalreview.com/post/?q=NDgwODVmMzcwMTQwNDM3YjU0OGE5ZjQyOTIxNmUyYzY=|archive-url=https://web.archive.org/web/20080613214946/http://bench.nationalreview.com/post/?q=NDgwODVmMzcwMTQwNDM3YjU0OGE5ZjQyOTIxNmUyYzY=|archive-date=June 13, 2008}}</ref> Others contend that the [[original intent]] of the 12th Amendment concerns qualification for service (age, residence, and citizenship), while the 22nd Amendment concerns qualifications for election, and thus a former two-term president is still eligible to serve as vice president. Neither amendment restricts the number of times someone can be elected to the vice presidency and then succeed to the presidency to serve out the balance of the term, although the person could be prohibited from running for election to an additional term.<ref>{{cite news |last=Dorf |first=Michael C. |author-link=Michael C. Dorf |date=August 2, 2000 |title=Why the Constitution permits a Gore-Clinton ticket |url=http://archives.cnn.com/2000/LAW/08/columns/fl.dorf.goreclinton.08.01/ |archive-url=https://web.archive.org/web/20051001004410/http://archives.cnn.com/2000/LAW/08/columns/fl.dorf.goreclinton.08.01/ |archive-date=October 1, 2005 |work=[[CNN]] |publisher=}}</ref><ref>{{cite news| title=How to bring back Bill: A Clinton-Clinton 2008 ticket is constitutionally possible| last1=Gant| first1=Scott E.| last2=Peabody| first2=Bruce G.| url=https://www.csmonitor.com/2006/0613/p09s02-coop.html| work=[[The Christian Science Monitor]]| date=June 13, 2006| access-date=June 12, 2008| archive-date=January 14, 2021| archive-url=https://web.archive.org/web/20210114215626/https://www.csmonitor.com/2006/0613/p09s02-coop.html| url-status=live}}</ref> The practical applicability of this distinction has not been tested, as no person has been elected president and vice president in that order, regardless of terms served.

In ''[[U.S. Term Limits, Inc. v. Thornton]]'' (1995), the [[Supreme Court of the United States|Supreme Court]] held that term limits amount to a qualification for holding public office [[Obiter dicta|referencing]] the 22nd Amendment, stating that "the Nation as a whole, notably by constitutional amendment, has imposed a limit on the number of terms that the President may serve."<ref>{{ussc|name=U.S. Term Limits, Inc. v. Thornton|volume=514|page=779|pin=837|year=1995}}</ref>

==Attempts at repeal or reform==

==Attempts at repeal or reform==

* [[Term limits in the United States]]

* [[Term limits in the United States]]

* [[List of political term limits]]

* [[List of political term limits]]

* ''[[U.S. Term Limits, Inc. v. Thornton]]'', a 1995 U.S. Supreme Court decision invalidating 23 states' congressional term limit provisions, in which the 22nd Amendment is mentioned

==References==

==References==

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