But that’s just it, the loophole would be that he is eligible to be president, but just that he can’t be elected as such. It’s pretty dumb but the phrasing of the 22nd does use the word “elected”, clearly we all know the intent but the words may have undermined the spirit.
Either way, both the VP and the president have the same stated basic requirements, but the 22nd amendment makes no statement of the VP. While common sense suggests it’s dumb to have a person that hit the term limit as VP, it is not expressly codified.
So no matter the interpretation of the 22nd amendment, it seems like he could be VP. If you have a sane interpretation of the 22nd amendment as a hard term limit, then the succession would skip such a VP, just like it would skip a foreign born person.
The 12th amendment states no person ineligible for the presidency can hold the vice presidency.
The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
But that’s just it, the loophole would be that he is eligible to be president, but just that he can’t be elected as such. It’s pretty dumb but the phrasing of the 22nd does use the word “elected”, clearly we all know the intent but the words may have undermined the spirit.
Either way, both the VP and the president have the same stated basic requirements, but the 22nd amendment makes no statement of the VP. While common sense suggests it’s dumb to have a person that hit the term limit as VP, it is not expressly codified.
So no matter the interpretation of the 22nd amendment, it seems like he could be VP. If you have a sane interpretation of the 22nd amendment as a hard term limit, then the succession would skip such a VP, just like it would skip a foreign born person.
The 12th amendment states no person ineligible for the presidency can hold the vice presidency.