The 22nd Amendment and Presidential Term Limits

The 22nd Amendment to the United States Constitution, ratified in 1951, addresses the issue of presidential term limits. The Amendment states, '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.' This ruling has profound implications for those who step into the presidency unexpectedly, such as Vice President Kamala Harris.

Direct Provisions of the 22nd Amendment

The text of the 22nd Amendment clearly outlines the restrictions on presidential terms:

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.

This means that if a Vice President assumes the presidency for less than two years, they are allowed to run for the office twice. If they serve more than two years, they are only permitted to run once.

Scenario with Kamala Harris

In the specific scenario where Joe Biden dies or resigns and Kamala Harris takes over, it is essential to consider how the 22nd Amendment applies. According to legal interpretations:

If Kamala Harris assumes the presidency for less than two years:

Harris would be eligible to run for a full term, which consists of two terms or eight years in total. Any time served as a placeholder for less than two years would not count towards the two-term limit.

If Kamala Harris assumes the presidency for more than two years:

In this case, Harris would have served more than two years in the role of President, and she would be limited to one additional term.

For clarity, let's break down the scenarios:

Partial Term Left by Joe Biden:

If something were to happen to Joe Biden before August 2024, and Kamala Harris would only serve the remaining months of that term, this partial term would not count towards her two-term limit.

Full Term by Joe Biden:

If Kamala Harris took over as President after serving a full term, she would be eligible to run for a full second term as required by the 22nd Amendment.

Historical Context and Precedent

Historically, when President John F. Kennedy was assassinated in 1963, Vice President Lyndon B. Johnson was sworn in as President. The following key points provide further clarity:

Time of Inheritance:

Johnson became President in November 1963, well after the initial two years of the Kennedy term. Therefore, he was eligible to run for a full term in the 1964 election and did so, winning the presidency again in 1968.

Provision Application:

This illustrates that a term served after two years is treated as if it were a separate term for the 22nd Amendment purposes.

Conclusion

In conclusion, Kamala Harris, if she were to become President due to the death or resignation of Joe Biden, would be eligible to run for a full term. Whether she can run for a second term depends on the length of her initial term. Here's the summary:

If she serves for less than 24 months: No term limit portion applies, and she can run for two full terms. If she serves for more than 24 months: She has served that term and is only eligible for one additional term.

The 22nd Amendment is designed to ensure no single individual monopolizes the presidency for an extended period, thus preserving the democratic principles of term limits.