Can a Vice President Who Served a Partial Term Then Become President Run For Re-election?

The United States Constitution and the 22nd Amendment play a crucial role in determining the eligibility of a Vice President to run for the office of President after reaching the end of their vice presidential term. This article will explore the intricacies of these rules to address the specific scenario of Kamala Harris and answer the broader question of how partial terms as vice president affect one's eligibility for re-election.

Understanding the 22nd Amendment

The 22nd Amendment of the United States Constitution, ratified in 1951, provides clear guidelines on the term limits for the President of the United States. Specifically, it states:

No person shall be elected to the office of the President more than twice. 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.

Kamala Harris's Eligibility

Kamala Harris, who assumed the office of Vice President under Joe Biden in 2021, is currently entitled to serve two terms as President. This is because she has not yet acted as President for even one day. Even if she had acted for two years as President, she would still be eligible to serve two full terms as President.

Eligibility for Additional Terms

Let's imagine a hypothetical scenario where Joe Biden had not just stepped down from his re-election campaign but also resigned from the presidency. In this case, Vice President Kamala Harris would have become President Harris for at least a few months. If she then wins the next election, she would be constitutionally eligible to serve another four years as President. Consequently, when her term concludes, she would likely have a valid opportunity to run for a second full term, possibly serving a total of 8.5 years as President.

Constitutional Obstructions

However, if Biden had resigned earlier, such that Kamala Harris served less than half a full term as President, she would be constitutionally obstructed from running for a second full term. This underscores the importance of the duration of time served as President when analyzing eligibility for re-election.

Historical Context: Lyndon Johnson and the 1960s

To further illustrate this point, consider the historical example of Lyndon B. Johnson. He became President in 1963 after the assassination of John F. Kennedy. Although Kennedy's term was more than halfway complete, Johnson went on to win a landslide victory in the 1964 presidential election and was then a candidate in the 1968 election, even though he resigned from his campaign prior to the election. Had Johnson won the 1968 election, he would have served nearly 9.5 years as President.

No Such Thing as an "Acting" President

It's important to note that in the United States, there is no such concept as an "acting" President. When the President is unable to perform their duties due to incapacity, impeachment, resignation, death, or any other reason, the Vice President immediately becomes the President. This transition is codified in the Constitution, with the primary duty of the Vice President being to be available to assume the presidency under such circumstances.

Interestingly, a Vice President who serves less than two years of their predecessor's term can still run for a second full term as President. If they serve more than two years of their predecessor's term, they are limited to only one more term as President. This rule ensures that individuals who experience a premature transition to the presidency due to extraordinary circumstances (like Johnson in 1963) do not unfairly benefit from the remaining time of their predecessor's term.

Conclusion

The rules regarding the eligibility of a Vice President to run for President after their term as Vice President are detailed and nuanced. Kamala Harris, if she becomes President under certain circumstances, would likely be constitutionally eligible to run for re-election and potentially serve eight and a half years as President. Conversely, if her time in the presidency were significantly curtailed, her path to a second term would be blocked. These rules, established by the 22nd Amendment and the Constitution, ensure the integrity and consistency of the American presidential election process.