Q: Given some of the rhetoric out there, can a person actually become Ppesident of the United States for life?
R. W., Leisure World (Seal Beach)
A: The 22nd Amendment of the United States Constitution, Section 1, sets forth quite clearly: “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.”
Thus, under the 22nd Amendment, the notion that someone could legally become “president for life” is unrealistic. Congress would have to pass legislation, signed by the president, if not push a constitutional amendment, or repeal the 22nd Amendment all together, for anyone to serve indefinitely.
This is not to suggest the limitations of the 22nd Amendment are without controversy. There has been effort to change the amendment. Indeed, President Franklin Delano Roosevelt was elected to four terms, but this was an aberration, a consequence of the Great Depression followed by World War II.
Terms limits are included in the 22nd Amendment to protect against possible tyranny. Thus, argument that repealing or modifying the 22nd Amendment is needed should be given particularly careful analysis and thought.
Q: What are the qualifications to be able to run for president of the United States?
M.R., San Clemente
A: After considerable debate, the framers of the United States Constitution settled on just three qualifications for the office of the presidency. They are set forth in Article II, Section 1, Clause 5, of the Constitution: “No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of president; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen years a resident within the United States.”
Given the time frame when this article was finalized, it is of interest that there is no language about the person’s finances, religion or land holdings. It was, in retrospect, if not even today, unusual that most anyone meeting the three basic requirements could become president of the United States.
Note that the minimum age for the president must be met by his or her date of inauguration. Hence, a 34 year old could be elected president in November (so long as he or she would be 35 before being sworn into office).
Natural born means all children born to American parents (citizens of the USA), even if born outside the country.
There is no reference to the issue of criminal convictions. As such, it would appear nothing prevents someone convicted (even of multiple felonies or other criminal charges) from becoming president.
The bottom line is the founders felt the voters would make prudent decisions, based upon the nature and quality of the persons running to be elected. Thus. not many conditions were imposed on qualifying to run.
Ron Sokol has been a practicing attorney for over 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.
