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July 24, 2014, 08:03:31 am
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Author Topic: Circumventing 22nd Amendment via Resignation  (Read 433 times)
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Chuck Hagel 08
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« on: April 13, 2014, 08:46:44 pm »
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Suppose that the Vice-President assumes the Presidency a few months short of two years after the inauguration (similar to Gerald Ford in 1974). Two years later he wins re-election, and six years later decides to run for a second full term. Would this be permissible so long as he submitted an intent to resign prior to the six-year mark after his inauguration?

Now suppose that instead of a few months that the inauguration took place sometime in late December or early January. Would it be permissible for the President to receive votes in the Electoral College provided that he did the same? If so, what would occur if the President rescinded his resignation after the electors cast their votes?
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Pessimistic Antineutrino
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« Reply #1 on: April 14, 2014, 01:40:58 am »
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I don't think that would work. The Twenty-Second Amendment explicitly states that anyone in the scenario you mentioned is barred from being elected twice, so even if he promised to resign it still wouldn't be constitutional. The amendment has no limit on how long one can serve, only the amount of times he can be elected.
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SteveRogers
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« Reply #2 on: April 14, 2014, 10:39:44 am »
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Nope.

"...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."
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Chuck Hagel 08
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« Reply #3 on: April 14, 2014, 01:28:24 pm »
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Okay. However, if Gerald Ford were to resign on August 7, 1976, he would be permitted to run for re-election in 1980 assuming he wins in 1976?
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SteveRogers
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« Reply #4 on: April 14, 2014, 05:37:59 pm »
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Okay. However, if Gerald Ford were to resign on August 7, 1976, he would be permitted to run for re-election in 1980 assuming he wins in 1976?

Yes, that would in fact be permissible.
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True Federalist
Ernest
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« Reply #5 on: April 14, 2014, 05:52:46 pm »
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Or for that matter if we ever have some crazy Putin type, he could keep running as the Vice President of someone who resigns after a day or two and thus serve multiple terms so long as never is elected to a term of his own.  Of course, you'd think anyone popular enough to keep getting pseudo-reelected would be able to get the XXIInd amendment repealed.
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« Reply #6 on: April 15, 2014, 08:46:13 pm »
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A President who has served two terms can also serve a third term by having the House elect him Speaker and then getting the newly elected President and VP to resign. Unlike all other eligibility requirements, 22nd Amendment is on being elected, not on holding the office
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jfern
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« Reply #7 on: July 09, 2014, 10:25:14 pm »
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Nope, the way to circumvent the 22th amendment via resignation is to be elected Vice President and have the President resign.
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