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Can someone become president for life? Ask the lawyer – Daily Breeze


Can someone become president for life? Ask the lawyer – Daily Breeze

Q: Given the current rhetoric, can a person actually become President of the United States for life?

RW, Leisure World (Seal Beach)

Ron Sokol
Ron Sokol

A: The 22nd Amendment to the United States Constitution clearly states in Section 1: “No person shall be elected President more than twice; nor shall any person who has held the office of President, or acted as President, for more than two Years of any term for which another person was elected President, be elected President more than once.”

Thus, the idea that someone could become “President for Life” under the 22nd Amendment to the Constitution is unrealistic. Congress would have to pass a law that the President would sign or, if not, advance a constitutional amendment or repeal the 22nd Amendment altogether to allow someone to serve indefinitely.

This does not mean that the limitations of the 22nd Amendment are uncontroversial. There have been efforts to amend the amendment. President Franklin Delano Roosevelt was elected to four terms, but that was an exception, a result of the Great Depression that followed World War II.

The 22nd Amendment provides term limits to protect against potential tyranny, so arguments calling for repeal or amendment of the 22nd Amendment should be analyzed and considered with particular care.

Q: What are the requirements to run for President of the United States?

MR, San Clemente

A: After much debate, the authors of the United States Constitution agreed on only three qualifications for the office of President. These are laid out in Article II, Section 1, Clause 5 of the Constitution: “The office of President shall not be open to election unless persons who, at the time of the adoption of this Constitution, are naturalized citizens or citizens of the United States. Nor shall persons who have not attained the age of thirty-five years, and been residents of the United States for fourteen years, be open to election to the office of President.”

Given the time period in which this article was completed, it is interesting that it does not include any information about the person’s finances, religion, or land holdings. In retrospect, if not today, it was unusual that almost anyone who met the three basic requirements could become President of the United States.

Note that the minimum age for president must be reached at the time of his or her inauguration, so a 34-year-old could be elected president in November (assuming he or she would be 35 when sworn in).

All children of American parents (US citizens) are considered “natural born”, even if they were born outside the country.

There is no reference to the issue of criminal convictions, so it seems that no one who has been convicted (even of multiple felonies or other criminal charges) can become president.

The bottom line was that the founders believed that voters would make prudent decisions based on the type and quality of the candidates, so there were not many conditions placed on the candidates.

Ron Sokol has practiced law for over 40 years and has also served frequently as a judge pro tempore, mediator, and arbitrator. It is important to note that this column is a summary of the law and should not be considered legal advice, let alone a substitute for actual advice from a qualified professional.

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