22nd Amendment…no person may be elected (elected to, not served in) to the office of President more than twice or, if he served (PAST TENSE) more than two years of a term to which someone else was elected President, more than once.
The 12th Amendment then bars anyone from running for VP who is constitutionally ineligible for President.
The 22nd amendment was written in PAST TENSE…the loophole some are exploring is whether the “not more than once” clause applies if the events happen in a different order (i.e. a person is elected President twice…is he now ineligible to SERVE as President by ascending to the office in ways other than election?)
Believe it or not, some constitutional scholars think this is a gray area, since it’s a scenario the Founders didn’t envision ever happening.
Their argument…if the spirit of the law is to max out the number of years a President can serve at ten, why didn’t they just write it that way?
Even if this is the sprint of the law, could Trump serve two years of a future term to which someone else was elected President?
The law is a funny thing.
Me personally? I think this loophole doesn’t exist.
BUT, it’s never been tested, so I wouldn’t make any bets on it.