Legislation, Presidential & Congressional Politics/Eligibility to serve as president

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Question
Would a former president, having served two full terms, be eligible for the position of vice president and, in the event of the sitting president's untimely demise, could said person assume the office of President for the remainder of that term. The 22nd amendment explicitly says a person cannot be "elected" for more than two terms but in this scenario the additional years would not be by way of election.  Thanks!

Answer
You are correct.  There is no prohibition on a person serving as Vice President after having served two terms as President, nor of that person assuming the Presidency should the President die or resign.  The 25th Amendment only prohibits a person being elected as President after serving two terms.  It does not prohibit that person from assuming the powers in a way other than election.

It is hard to imagine such a scenario in the real world, but theoretically it is possible.

Legislation, Presidential & Congressional Politics

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Michael Troy

Expertise

I can answer just about any question about U.S. Political history, Constitutional law, the legislative process, elections, etc. I enjoy Presidential and Congressional historical trivia, but can answer more substantive questions too.

Experience

Former Staff member for a Congressman and Senator. I also worked on about 10 Congressional and Presidential campaigns (only one that won). For a short time, I worked in the legal department of the Federal Election Commission.    I have a B.A. in Political Science.

Organizations
Former LBJ Fellow (paid fellowship for Congressional Staff).
Pi Sigma Alpha (Political Science Honorary Society).

Publications
Washington Post
Washington Times

Education/Credentials
J.D. University of Michigan
B.A. George Washington University (Poli. Sci. major).

Awards and Honors
LBJ Fellow
Truman Scholar

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