I just read an argument that he can run for VP. The problem is a difference in language between the 12th and the 25th amendments.
The 25th says nobody can be elected to president more than twice. It does not say that a person is ineligible to be president, only that they can’t be elected to the office.
A two-term former president is not prohibited from being named the Speaker of the House, or to any other office in the line of succession. That two term former President cum Speaker is not constitutionally ineligible from becoming president again. If all offices in the line ahead of him are vacant, he is eligible to retake the office.
The 12th amendment says: “But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.”
It doesn’t say anything about being “elected”.
As he would be theoretically eligible to become president via the line of succession, he is not actually ineligible to be president again. Therefore, he is not ineligible to run for VP, with a running mate who runs on a platform of “I’ll resign on day one”.
I just read an argument that he can run for VP. The problem is a difference in language between the 12th and the 25th amendments.
The 25th says nobody can be elected to president more than twice. It does not say that a person is ineligible to be president, only that they can’t be elected to the office.
A two-term former president is not prohibited from being named the Speaker of the House, or to any other office in the line of succession. That two term former President cum Speaker is not constitutionally ineligible from becoming president again. If all offices in the line ahead of him are vacant, he is eligible to retake the office.
The 12th amendment says: “But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.”
It doesn’t say anything about being “elected”.
As he would be theoretically eligible to become president via the line of succession, he is not actually ineligible to be president again. Therefore, he is not ineligible to run for VP, with a running mate who runs on a platform of “I’ll resign on day one”.