Can a Two-Term President Become President Again?
A Clear Look at the Constitution and the VP Loophole Debate
By R.L Crossan
As election speculation heats up, one question keeps coming back online, in comment sections, and even on cable news panels:
Can a former two-term president ever become president again?
There’s a growing theory that a former president could return — not through the ballot box directly, but by first becoming vice president and then taking over. Let’s break down what the Constitution actually says, where the rumors come from, and what legal scholars agree is the correct interpretation.
📜 What the Constitution Says About Term Limits
The 22nd Amendment sets the foundation for presidential term limits. Ratified in 1951 after Franklin D. Roosevelt served four terms, its language is simple but powerful:
“No person shall be elected to the office of the President more than twice...”
— U.S. Constitution, 22nd Amendment
This means:
A person can only be elected to the presidency two times
It applies whether those terms are consecutive or non-consecutive
If you’ve already been elected president twice, you cannot be elected a third time, period.
🔄 The Internet Theory: The VP Workaround
A popular theory online argues that the 22nd Amendment only says a two-term president can’t be elected again — but doesn’t say they can’t become president another way.
So the theory goes like this:
A former president runs as vice president.
If elected, and the president resigns or is removed, the VP automatically becomes president.
This sidesteps the ban on being elected again.
Clever? Yes. Legal? Not so fast.
⚖️ Enter the 12th Amendment
Here’s where that theory runs into a wall — the 12th Amendment, which governs how presidents and vice presidents are selected, contains this critical line:
“No person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.”
— U.S. Constitution, 12th Amendment
This means if someone is not eligible to be president, they are also not eligible to be vice president.
Since the 22nd Amendment makes someone ineligible to be elected president again after two terms, that ineligibility extends to the VP role. If they can’t legally become president again, they can’t be placed in the line of succession — even indirectly.
Most constitutional scholars, including those at the Congressional Research Service and major law schools, agree:
➡ The vice president path is a legal dead end for a two-term former president.
🤔 What If a President Resigns Before the Second Term Ends?
Another twist people ask:
“What if a president doesn’t finish their second term — could they run again later?”
Here’s how the 22nd Amendment addresses that:
“...and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once.”
This means:
If you serve more than two years of someone else’s term (say, as VP after a resignation), you can only be elected once more
But if you’ve already been elected twice, you are fully ineligible — stepping down early doesn’t reset your eligibility
So resigning early doesn’t give you a chance to run again. Once you’ve been elected twice, that’s it.
🧠 Why the Confusion?
The confusion usually comes from:
Misreading “elected” to mean “loopholes are okay”
Ignoring that the 12th Amendment links eligibility for president and vice president
Political wishful thinking (on both sides)
To be fair, the 22nd Amendment says nothing about becoming president again through succession, which is why some argue it’s a gray area. But the 12th Amendment closes that door, clearly and directly.
🗝️ The Bottom Line
✅ A person can be elected president only twice (22nd Amendment)
❌ A two-term president cannot run for vice president (12th Amendment)
❌ A two-term president cannot become president again through the VP path
❌ Stepping down early does not allow a third run