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Cake day: July 15th, 2023

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  • The 12th Amendment provides that “no person constitutionally ineligible to the office of President shall be eligible to that of Vice President.” As such, anyone barred by the 22nd Amendment from being elected president is also ineligible to serve as vice president, and so a twice-elected president cannot return to power through vice-presidential succession.

    If a person is constitutionally “ineligible to the office of President,” they are also skipped over in the presidential line of succession under the Presidential Succession Act (3 U.S.C. §19), which prohibits anyone ineligible to serve as president from assuming the office.

    The ghouls in power currently don’t understand or don’t care, and by the time this is tested, it will likely be rubber stamped by the supreme court. But, there’s still value in understanding ahead of time that no, that is not a constitutionally valid approach.