Originally posted by: tom
So if one becomes Speaker Of The House and both the President and Vice President resign then the House Speaker becomes President.
This wouldn't happen as a president is limited to 10 years.
Twenty-second Amendment to the United States Constitution - The 22nd Amendment to the U.S. Constitution limits a person to two elected terms as President, establishing a maximum of ten years in office under certain conditions.
Let's take a look at the text:
"No person shall be elected to the office of the President more than twice, 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......"(My emphasis)
Notice it doesn't say "serve" it doesn't say "obtains the office" it says "elected". If one becomes president through the presidential line of secession is that an election?
Are the terms "elected" and "served" legally distinguishable? I believe they are.
Would this violate the spirit of the Constitution? Almost certainly. Does it fall technically within the letter of the Constitution? Almost certainly.