So…If Kamala Harris Replaces Joe Biden Before November, Is She Eligible For ONE Or TWO More Terms?

We all know that as of 2024, United States Presidents are limited to only TWO terms in office.

It hasn’t always been that way (hello, FDR!) and it may change in the future, but that’s the current state of affairs.

It’s all thanks to the 22nd Amendment:

22nd Amendment to the U.S. Constitution

1. Text of the Amendment:
   • Section 1: “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. But this Article shall not apply to any person holding the office of President when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.”
   • Section 2: “This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.”

Historical Context

1. Precedent Set by George Washington:
   • George Washington set an informal precedent by choosing not to run for a third term in 1796, establishing the tradition of a two-term limit for Presidents. This tradition was followed by subsequent Presidents until the 20th century.
2. Franklin D. Roosevelt:
   • Franklin D. Roosevelt broke the two-term tradition by being elected to four terms (1932, 1936, 1940, and 1944). His extended presidency during the Great Depression and World War II raised concerns about the concentration of power in the executive branch.
3. Post-Roosevelt Reaction:
   • After Roosevelt’s unprecedented four terms, there was a strong movement to formalize the two-term limit to prevent any future President from holding office for too long. This movement led to the proposal and ratification of the 22nd Amendment.

Ratification Process

1. Proposal:
   • The 22nd Amendment was proposed by Congress on March 21, 1947.
2. Ratification:
   • The amendment was ratified by the requisite number of states (three-fourths) on February 27, 1951.

Impact and Significance

1. Limitation on Presidential Terms:
   • The 22nd Amendment codified the tradition of a two-term limit, ensuring that no President can serve more than two elected terms or a total of 10 years (if they served more than two years of another President’s term).
2. Promoting Democratic Rotation:
   • The amendment promotes the democratic principle of regular leadership rotation, preventing any single individual from holding excessive power for too long.

Ok, we all know that….or at least most of us do.

But the devil is always in the details, right?

What happens if a Vice President replaces a President who dies or who has been removed from office?

Does that VP get to still run for TWO more terms or just ONE?

The answer is about as basic as you might expect, a true Solomon-ian (is that a word?) splitting the baby down the middle.

We basically just look to see if we’ve reached a midway point.

Less than midway left in the replacement term?  You get two more terms.

More than midway left in the replacement term?  You only get one more.

Here’s a bit more detail:

If Vice President Kamala Harris were to become President by finishing Joe Biden’s term, the rules for her eligibility to be elected as President are governed by the 22nd Amendment to the U.S. Constitution. Here’s how it works:

1. 22nd Amendment Overview: The 22nd Amendment states that no person can 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.
2. Finishing Biden’s Term: If Harris finishes Biden’s term and serves as President for less than two years of Biden’s current term, she would still be eligible to be elected as President for two full terms.
3. Scenario 1 – Serving Less Than Two Years of Biden’s Term:
   • If Harris becomes President and serves the remainder of Biden’s term, which is less than two years:
     • She can still be elected for two full terms as President.
     • This means she could potentially serve a total of just under 10 years as President (less than two years of Biden’s term plus two full terms).
4. Scenario 2 – Serving More Than Two Years of Biden’s Term:
   • If Harris becomes President and serves more than two years of Biden’s term:
     • She can only be elected to one more full term.
     • This means she could serve the remainder of Biden’s term plus one additional term, totaling just over six years.

Conclusion

• If Harris becomes President in Biden’s current term and serves less than two years of that term, she can be elected President for two additional full terms.
• If she serves more than two years of Biden’s term, she can only be elected President for one additional full term.

Therefore, if Harris were to become President before January 20, 2023, and then gets elected in November 2024 to take office in January 2025, her serving part of Biden’s term would not count as one of her two terms, and she could still be eligible for re-election in 2028.