Article II sets the rules for who may be President; two amendments added more. These are short, exact rules, and they matter most at the rare moments when they are tested.
| Rule | Source |
|---|---|
| A "natural born Citizen," at least 35, and 14 years a resident of the United States | Article II, Section 1, Clause 5 |
| A four-year term | Article II, Section 1 |
| No one may be elected more than twice; someone who served more than two years of another's term may be elected only once | Twenty-second Amendment (1951) |
| The Vice President becomes President if the President dies, resigns or is removed | Article II and the Twenty-fifth Amendment (1967), Section 1 |
| A vacant vice presidency is filled by the President's nominee, confirmed by a majority of both houses | Twenty-fifth Amendment, Section 2 |
| When the President cannot serve, the Vice President becomes acting President (declared by the President, or by the Vice President and a majority of the Cabinet) | Twenty-fifth Amendment, Sections 3 and 4 |
| After the Vice President: the Speaker, the President pro tempore, then the Cabinet starting with the Secretary of State | Presidential Succession Act of 1947 |
Why it works
Washington stepped down after two terms, and every President followed his example until Franklin Roosevelt won four elections (1932 to 1944). The Twenty-second Amendment, proposed in 1947, made the tradition law. Hamilton had argued the other side in Federalist No. 72: letting a President run again rewards good conduct and keeps experience. Succession has been used nine times when a Vice President took over: eight times after a President died, once after a resignation (Gerald Ford, 1974). Ford was himself the first Vice President chosen under the Twenty-fifth Amendment's Section 2, in 1973; Nelson Rockefeller was the second, in 1974.
Key idea
A President must be a natural-born citizen, at least 35 and a resident for 14 years. The Twenty-second Amendment limits a President to two elected terms. The line of succession: Vice President, then the Speaker, then the President pro tempore, then the Cabinet. The Twenty-fifth Amendment covers vacancies and disability.
Worked example: Can he run again?
A Vice President becomes President when the President dies with 2 years and 6 months left in the term. How many times may the new President be elected?
- He will have served more than two years of a term to which someone else was elected.
- The Twenty-second Amendment then allows him to be elected only once.
Answer: Once.
Worked example: Next in line
The President and the Vice President are both unable to serve at the same moment. Who acts as President?
- After the Vice President, the Presidential Succession Act of 1947 names the Speaker of the House.
Answer: The Speaker of the House.
Common mistake
Thinking the Secretary of State is next after the Vice President. By the Presidential Succession Act of 1947, the Speaker is next, then the President pro tempore, and only then the Cabinet, starting with the Secretary of State. Check: after the Vice President, the next two are leaders of Congress.