157
you are viewing a single comment's thread
view the rest of the comments
[-] PM_ME_VINTAGE_30S@lemmy.sdf.org 9 points 5 months ago* (last edited 5 months ago)

I'm not a legal expert so take this with a grain of salt. Assuming the Constitution is followed as it currently written...which is a big assumption...

The two-term limitation comes from the 22nd Amendment. This amendment is, in it's entirety, quoted below:

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.

Section 2

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.

Concerning Section 2, it was ratified so it is law. Not important to answer our question.

If Joe Biden resigns or is permanently incapacitated right as I post this, then Kamala Harris would become ~~acting~~ President until his term ends on January 20th, 2025 for 157 days, 158 if you count today, which is a far cry from two years. (I believe that she was designated Acting President for a few hours while Biden was getting a colonoscopy, so add that to the tally ~~maybe~~ probably not.)

So it looks like, if I read the bolded section correctly, she would be eligible to be elected a second time if she took over from Biden should he be incapacitated or resign.

Edited based on feedback.

[-] 1rre@discuss.tchncs.de 1 points 5 months ago* (last edited 5 months ago)

As a follow up, to get a third (and more) term would it be possible to run for vp and have a contract with someone who agrees to run for president then resign immediately after inauguration, or is there a law against that?

load more comments (5 replies)
this post was submitted on 16 Aug 2024
157 points (95.9% liked)

No Stupid Questions

36304 readers
398 users here now

No such thing. Ask away!

!nostupidquestions is a community dedicated to being helpful and answering each others' questions on various topics.

The rules for posting and commenting, besides the rules defined here for lemmy.world, are as follows:

Rules (interactive)


Rule 1- All posts must be legitimate questions. All post titles must include a question.

All posts must be legitimate questions, and all post titles must include a question. Questions that are joke or trolling questions, memes, song lyrics as title, etc. are not allowed here. See Rule 6 for all exceptions.



Rule 2- Your question subject cannot be illegal or NSFW material.

Your question subject cannot be illegal or NSFW material. You will be warned first, banned second.



Rule 3- Do not seek mental, medical and professional help here.

Do not seek mental, medical and professional help here. Breaking this rule will not get you or your post removed, but it will put you at risk, and possibly in danger.



Rule 4- No self promotion or upvote-farming of any kind.

That's it.



Rule 5- No baiting or sealioning or promoting an agenda.

Questions which, instead of being of an innocuous nature, are specifically intended (based on reports and in the opinion of our crack moderation team) to bait users into ideological wars on charged political topics will be removed and the authors warned - or banned - depending on severity.



Rule 6- Regarding META posts and joke questions.

Provided it is about the community itself, you may post non-question posts using the [META] tag on your post title.

On fridays, you are allowed to post meme and troll questions, on the condition that it's in text format only, and conforms with our other rules. These posts MUST include the [NSQ Friday] tag in their title.

If you post a serious question on friday and are looking only for legitimate answers, then please include the [Serious] tag on your post. Irrelevant replies will then be removed by moderators.



Rule 7- You can't intentionally annoy, mock, or harass other members.

If you intentionally annoy, mock, harass, or discriminate against any individual member, you will be removed.

Likewise, if you are a member, sympathiser or a resemblant of a movement that is known to largely hate, mock, discriminate against, and/or want to take lives of a group of people, and you were provably vocal about your hate, then you will be banned on sight.



Rule 8- All comments should try to stay relevant to their parent content.



Rule 9- Reposts from other platforms are not allowed.

Let everyone have their own content.



Rule 10- Majority of bots aren't allowed to participate here.



Credits

Our breathtaking icon was bestowed upon us by @Cevilia!

The greatest banner of all time: by @TheOneWithTheHair!

founded 2 years ago
MODERATORS