Who can run for president (non American just curious)

It would be legal. Not sure why he would want to do it. Ex-Presidents make a lot of money in the speaking circuit and going back to public office would mean stopping that income source.
Would it definitely be legal? I wonder how it would be handled if the President died or was unable to fulfill his duties. Would the Vice President who already served twice legallly be allowed or would they have to move down the line of succession. Interesting to think about.
 
I was quite irritated when one President's Day my daughter came home from school with a fact sheet erroneously claiming that someone needed to be born in the USA to be President, especially since it was not that long since John McCain (who was born in the Panama Canal Zone) ran for President. (And more recently, the Canadian-born Ted Cruz was a primary candidate).
 
Would it definitely be legal? I wonder how it would be handled if the President died or was unable to fulfill his duties. Would the Vice President who already served twice legallly be allowed or would they have to move down the line of succession. Interesting to think about.
I think it would be legal. The 12th Amendment refers to eligibility. It was created at a time when there were no term limits. The 22nd Amendment is about whether or not someone could be elected to the office of President. There are arguments either way, but I don't see that they're the same thing. There's also been talk about a former President being in the line of succession and whether or not that means they could become President.
 


That's kind of a weird circular logic situation. The 22nd Amendment only deals with whether or not someone can be elected. Whether or not that means someone is ineligible is a question that hasn't been answered. There's been debate about what that means.

Whether a two-term President could be elected or appointed Vice President depends upon the meaning of the Twelfth Amendment, which provides that “no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President.” Is someone prohibited by the Twenty-Second Amendment from being “elected” to the office of President thereby “constitutionally ineligible to the office”? Note also that neither Amendment addresses the eligibility of a former two-term President to serve as Speaker of the House or as one of the other officers who could serve as President through operation of the Succession Act.​

Its not circular at all.
The 22nd says a two term president cannot be elected to office, therefore they are “constitutional ineligible” for Presidential office.
The 12th amendment says anyone not constitutionally eligible for the presidency is not eligible for VP. You cannot have someone in the VP role (whose entire purpose is to assume office in the event it’s needed) that could not legal assume the role under their own eligibility.

The entire framing of the 22nd was to limit presidential terms and prevent another FDR situation from serving more than 2 terms (10 years). You can’t circumvent the intent of the framing through word play (ie ”elected”) to allow a former president from repeatedly assuming the presidential office through a VP role.
 
I was quite irritated when one President's Day my daughter came home from school with a fact sheet erroneously claiming that someone needed to be born in the USA to be President, especially since it was not that long since John McCain (who was born in the Panama Canal Zone) ran for President. (And more recently, the Canadian-born Ted Cruz was a primary candidate).

People often confuse "naturally born" with "born in the USA".

I wonder if this If why a certain Duchess didn’t become a British citizen. 😉

It's been a long time since civics class but I thought you couldn't have a "title", even one that is only ceremonial, from another country. You couldn't be a Duke, Dutchess, or even knighted. I could be remembering that wrongly though.

A couple of reasons: first, it's very unusual for a sitting President not to run for reelection to a 2nd term. In the 20th century it's only happened 3 times: Teddy Roosevelt in 1908, Harry Truman in 1952 and LBJ. But TR became President very early in McKinley's term and Truman became President early in FDR's term. They'd virtually served 2 Presidential terms. LBJ became President relatively late in JFK's term so it was a bigger deal that he didn't seek a 2nd term in his own right.

Second, LBJ made the decision not to run for a 2nd term after the NH primary when Eugene McCarthy, running as the anti-war alternative to LBJ, did much better than anyone expected. It was basically a refutation by his own party of his war policy.

I also think it came out later that he was worried about his health at the time and wasn't sure he would live through another term. He had a heart attack in what would have been his second full term.
 
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Its not circular at all.
The 22nd says a two term president cannot be elected to office, therefore they are “constitutional ineligible” for Presidential office.
The 12th amendment says anyone not constitutionally eligible for the presidency is not eligible for VP. You cannot have someone in the VP role (whose entire purpose is to assume office in the event it’s needed) that could not legal assume the role under their own eligibility.

The entire framing of the 22nd was to limit presidential terms and prevent another FDR situation from serving more than 2 terms (10 years). You can’t circumvent the intent of the framing through word play (ie ”elected”) to allow a former president from repeatedly assuming the presidential office through a VP role.

I understand your thinking, but until this actually happens it's hard to say how the courts might treat this (if at all). Most feel that Congress are actually the arbiters of who is or isn't qualified to be President.

However, here's a Congressional Research Service paper that touches on this very subject:

Does the Twenty-Second Amendment Provide an Absolute Term Limitation on Presidential Service?
The Twenty-Second Amendment prohibits anyone from being elected President more than twice. The question has been asked, however, whether a President who was elected to two terms as chief executive could subsequently be elected Vice President and then succeed to the presidency as a result of the incumbent’s death, resignation, or removal from office. Another version of this scenario questions whether a former President who had been elected twice could succeed to the office of chief executive from other positions in the line of presidential succession, such as the offices of Speaker of the House of Representatives, President pro tempore of the Senate, or positions in the Cabinet, as provided for in the Presidential Succession Act.​
This issue was raised initially during discussions of the Twenty-Second Amendment in 1960, when President Eisenhower was about to become the first President covered by its limitations. While the question may have been largely academic with respect to Eisenhower, due to his age and condition of his health, it was also raised again concerning former President Barack Obama,​
Some commentators argue that the Twelfth Amendment’s statement that “no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President” ipso facto bars any former chief executive covered by the Twenty-Second Amendment from serving either as Vice President or succeeding to the presidency from any other line of succession.​
Others maintain, however, that the original intent of the Twelfth Amendment’s language was only to apply the same qualifications of age, residence, and “natural born” citizenship to the Vice President as apply to the President, and that it has no bearing on eligibility to serve as President. Moreover, they maintain that the Twenty-Second Amendment’s prohibition can be interpreted as extending only to eligibility for election, not service; by this reasoning, a term-limited President could be elected Vice President, and then succeed to the presidency to serve out the balance of the term. Adherents of both positions, however, generally agree that anyone becoming President under any of these scenarios would be prohibited from running for election to another term.​
Assessing a related question, legal scholars Bruce Peabody and Scott Gant asserted in a 1999 article that a former President could also succeed to the presidency, or be “acting President” from the wide range of positions covered in the Presidential Succession Act. By their reasoning, a former President serving as Speaker of the House, President pro tempore of the Senate, or as a Cabinet officer would also be able to assume the office of President or act as President under the “service vs. election” interpretation of the Twenty-Second Amendment.....​
It seems unlikely that this question will be answered conclusively barring an actual occurrence of the as-yet hypothetical situation cited above. As former Secretary of State Dean Acheson commented when the issue was first raised in 1960, “it may be more unlikely than unconstitutional.”​
 


Getting schooled! Knew about 2 term limits, but not the restrictions/nuances.

Thanks
 
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Interesting. I did take an American History course and did learn a bit of this.

Canada has no term limits. The longest serving Prime Minister was in the role for 21 years (Mackenzie-King) and of course Justin's dad was in for 15.5 years!
 
Interesting. I did take an American History course and did learn a bit of this.

Canada has no term limits. The longest serving Prime Minister was in the role for 21 years (Mackenzie-King) and of course Justin's dad was in for 15.5 years!

Understand all that. And my understanding is that any Canadian citizen would be eligible to be Prime Minister. It also doesn't sound as if there's a minimum age requirement either. I guess it's fun dealing with a Constitution that's partially "unwritten".

At least it's not like Australia. They had a huge crisis with their Parliament because their Constitution required that members of their Parliament could not have another nationality. They're a land of immigrants and where a lot of people have parents who were from the UK, Canada, the United States, etc. where the nationality law of the parent may confer citizenship/nationality at birth on that basis. That's not necessarily something that people think of.

https://en.wikipedia.org/wiki/2017–18_Australian_parliamentary_eligibility_crisis
At least in the US I remember Ted Cruz formally renounced his Canadian citizenship before he ran for President. There's no definitive understanding of whether or not a dual national is eligible to be President, but I've assumed it wasn't a disqualification.
 
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At least in the US I remember Ted Cruz formally renounced his Canadian citizenship before he ran for President. There's no definitive understanding of whether or not a dual national is eligible to be President, but I've assumed it wasn't a disqualification.

It's not a disqualification, but as a practical matter I believe that the secondary citizenship has always been renounced by any dual national who was nominated by a major party. Too much fodder for political enemies to sow distrust.

Renunciation is ordinarily required for any person who has a Secret or higher federal security clearance; though there is an out-there argument to be made that a sitting President could exempt him/her-self from this limitation. As the vast majority of US Presidents have also served in our military, this has not yet had much occasion to be tested.
 
At least in the US I remember Ted Cruz formally renounced his Canadian citizenship before he ran for President. There's no definitive understanding of whether or not a dual national is eligible to be President, but I've assumed it wasn't a disqualification.

He did. If he had gotten the nomination, I wonder if there would have been a suit filed to codify the language of “natural born citizen”. Cruz claimed his birthright citizenship through his mother, who was an American citizen. At the time of his birth, Cruz's father had only his Cuban citizenship and had resided in both the United States and Canada as a political refugee. There was some very limited discussion about the issue when McCain got the nomination. But, I think this was viewed differently because his parents were both citizens, and his father was on active duty in the US controlled Panama Canal zone.
 
As a fun sidelight, Grover Cleveland served 2 nonconsecutive terms. He was both the 22nd and 24th president of the U.S. He was prez from 1885 to 1889 and again from 1893 to 1897. He's the only person ever to serve two nonconsecutive terms as president of the U.S. He ran in the election in between and lost (obvy!) to Benjamin Harrison but made a comeback.

Benjamin Harrison, btw, was the grandson of William Henry Harrison, the only grandfather/grandson presidential tag team. William Henry is notable mostly for having served the shortest term in office--only 31 days. He died of typhus (maybe pneumonia?) a month after his inauguration.

Presidential trivia is fun. I learned all mine from my brother, who was a presidential trivia nut for a while when he was a kid. But I had to look up the dates here.
 
Not asking for political answers, I just want to know what the constitution/law allows. I'm not an American, so I don't know the finer details of how the system works.

Simply -
35 years old

14 years residency within the United States. If you were born here in the US, have lived here all your life, and are 14 years old, you have met that requirement. It does not have to be consecutive, or the 14 years before you decide to run for president.

Natural born citizen
 
And . . . you do not have to be 35 years old while you're running. You just have to be 35 for the inauguration.
 
It's not a disqualification, but as a practical matter I believe that the secondary citizenship has always been renounced by any dual national who was nominated by a major party. Too much fodder for political enemies to sow distrust.

Renunciation is ordinarily required for any person who has a Secret or higher federal security clearance; though there is an out-there argument to be made that a sitting President could exempt him/her-self from this limitation. As the vast majority of US Presidents have also served in our military, this has not yet had much occasion to be tested.
I don’t believe George Romney did. He was born in Mexico but his family fled back to the US when Mormon communities trying to maintain polygamy weren’t quite so welcome any more. And if he didn’t renounce his Mexican nationality it could pass on to Mitt.

With Ted Cruz there’s also the possibility that he was a triple national with the US, Canada, and Cuba. Worrying about who another country considers their nationals can be problematic. Anyone with Italian ancestry after unification can be eligible for Italian citizenship. How many Presidential candidates had at least some Italian ancestors?

Australia was interesting because their Constitution goes back to when they were a British colony. At various times an immigrant from the UK, NZ, Canada, India, or parts of Africa would still be British subjects. Independence changed that dynamic.

I’ve been interviewed for jobs where clearance is required or strongly suggested. I was advised that dual nationality might be considered when clearance was considered. I looked up several nationality laws relating to my ancestry and I think I’m in the clear.
 
Running for president and taking the oath of office as per constitution are very separate actions with numerous steps in between. Every state controls their balloting process. If one wishes to primary for either of the majority parties, there are likely additional guidelines from state party leadership or established ruling documents. The electoral college adds additional elements of intricacy.

Theoretically, anyone could run for US president as a write-in candidate in the 7 states which have no restrictions upon write-in voting. I am sure there are other ways in which people who do not qualify for the oath of office could get their name on ballots.

As previous posters have discussed, there are specific requirements as to who can be sworn in as president. One does not have to be elected to be president or vice-president. Gerald Ford was confirmed by the senate as vice-president while he was a member of the US House representing a district in Michigan. He became president when Chief Justice Burger swore him in after Richard Nixon resigned in 1974. I love presidential trivia, too. I had a very well worn copy of Last Cow on the White House Lawn as a child.

https://www.amazon.com/White-House-Other-Little-Known-Presidency/dp/0385127243
 
I was quite irritated when one President's Day my daughter came home from school with a fact sheet erroneously claiming that someone needed to be born in the USA to be President, especially since it was not that long since John McCain (who was born in the Panama Canal Zone) ran for President. (And more recently, the Canadian-born Ted Cruz was a primary candidate).

My wife used to tell people "good news, I can never be President". Her dad was stationed at a U.S. Air Force Base in France where she was born, but the base had no hospital, so she was born in a French hospital. Both her parents were U.S. Citizens. And she has Naturalization papers, that she got when she was 3. She has since learned that she was considered a U.S. citizen at birth because of the circumstance. So bad news, she could be President!
 

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