Oh thanks. But what if Ivanka decides to run, gets a nomination and appoints his dad (who resigned before 20 January 2022) as VP? I know there were permutations in Clinton campaign about Bill as VP but decided against it.
Well actually, there's a point of contention regarding the interpretation of the 22nd Amendment as it relates to the 12th Amendment, which states, "
But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States". While it's clear that under the 12th Amendment the original constitutional qualifications of age, citizenship, & residency apply to both the President & Vice President, it's unclear whether someone who's ineligible to be elected President could be elected Vice President. B/c of this apparant ambiguity, there may be a loophole in the 22nd Amendment whereby a 2-term former-President could be elected Vice President & then succeed to the Presidency as a result of the incumbent's death, resignation, or removal from office (or even succeed to the presidency from some other stated office in the presidential line of succession).
Basically, the original intent of the 12th Amendment concerns qualification for
service (age, residence, & citizenship), while the 22nd Amendment, concerns qualifications for election, & thus (strictly applying the text) a former 2-term President is still eligible to
serve as Vice President (neither amendment restricts the number of times an individual can be elected to the Vice Presidency), & then succeed to the Presidency to serve out the balance of the term (though prohibited from running for election to an additional term).
The practical applicability of this distinction hasn't been tested, as no former President has ever sought the Vice Presidency; however, going off our given scenario, if Donald Trump were to be re-elected in 2020, & then an Ivanka-Donald ticket won in 2024, & then Ivanka were to resign, Donald Trump could become President again, according to the letter of the law, since he wasn't elected to the position. Whether someone ineligible for the office of President is eligible for the office of Vice President is irrelevant, b/c the 22nd Amendment doesn't make a former 2-term President ineligible for the office of President. It just says he can't be elected anymore. It's incredibly stupid, but that's just the way it is.
