Have a Legal Question?

Get Free Answers From Experienced Lawyers!

Philadelphia, PA asked in Constitutional Law and Gov & Administrative Law for District of Columbia

Q: Can a former president serve as VP and then president again?

I am curious about the scenario where a former president, such as Trump, might run for vice president. Suppose he becomes vice president and then is elevated to the presidency if the standing president resigns or steps down. In this situation, would Trump's eligibility to serve as president again be affected, considering his previous terms in office? Also, does the concept of consecutive terms play a role in this scenario?

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: That’s a thoughtful and interesting question, and you're not alone in wondering how the Constitution applies to this kind of scenario. The 22nd Amendment limits a person to being elected president only twice, and Donald Trump has already served one full term. He is eligible to run for president again once more, but the question gets tricky when you introduce the idea of serving as vice president first.

If a former president were elected vice president and then had to assume the presidency, that would still count toward the two-term limit if it results in more than two years of service. The Constitution doesn’t allow anyone who is ineligible to be president to hold the office of vice president either, according to the 12th Amendment. So if a person has already been elected president twice, they cannot be elected vice president as a way to become president again through succession.

Since Trump has only served one term, the issue isn’t about eligibility yet—but the scenario you described would still raise legal and constitutional challenges. Even if consecutive terms aren’t the issue, the total number of terms and the manner of reentry into the presidency are heavily guarded by law. So yes, someone like Trump could technically run again, but running as vice president with the intent to become president again could spark legal battles. You’re right to question how the rules might be tested—it’s something legal scholars are actively debating.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.