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this post was submitted on 16 Aug 2024
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No Stupid Questions
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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:
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.
You are 100% correct, with the one exception that if Biden dies or resigns today, Harris wouldn't become Acting President, she would become the actual 47th President, and Trump would have to reprint all of his 45-47 hats.
Biden resigning now just to make Trump's hats invalid would be the best Dark Brandon move ever.
He should resign on the 30th of December, or however early he needs to resign so Harris can inaugurate before 1 Jan.
Thanks ๐. I corrected my response.
From doing some quick reading (instead of work, lol) it sounds like as long as there is a human filling the job as President, when the VP steps in it must be in that Acting capacity. So the President could notify Congress ahead of time that he will be temporarily incapacitated due to a medical procedure, and the VP will act as President for that period of time.
Or, if the President becomes incapacitated without giving that advanced notice, the VP (along with a majority of the President's cabinet) can notify Congress of that fact, and the the VP can assume the Acting President role. Then the President simply informs Congress when he is better again. If there is any dispute over that between the President and VP, Congress gets to ultimately decide whether the President is still incapable, although it would take a 2/3 vote of both Houses to render him incapable.
There seems to be absolutely no difference in terms of the powers of "Acting President" vs. "Actual President". However, since the Acting President is normally a temporary role, one would think that they wouldn't be signing legislation or making appointments unless the President is incapacitated for a long time, since that would piss off their boss.
Dick Cheney just wrote letters to his grandkids while he was Acting President, just to be able to sign them "Acting President".
https://www.historynewsnetwork.org/article/cheney-pens-letter-while-acting-as-potus
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?