Twenty-second Amendment to the United States Constitution
As worded, the primary focus of the 22nd Amendment is on limiting individuals twice elected to the presidency from being elected again. Due to this, several issues could be raised regarding the amendment's meaning and application, especially in relation to the 12th Amendment, ratified in 1804, which states, "But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States". While it is clear that under the 12th Amendment the original constitutional qualifications of age, citizenship, and residency apply to both the president and vice president, it is unclear whether someone who is ineligible to be elected president could be elected vice president. Because of this apparent ambiguity, there may be a loophole in the 22nd Amendment whereby a two-term former-president could be elected vice president and then succeed to the presidency as a result of the incumbent's death, resignation, or removal from office (or even succeed to the presidency from some other stated office in the presidential line of succession).
First 100 days of Barack Obama's presidency
According to the Twentieth Amendment to the United States Constitution, Section 1: "The terms of the President and Vice President shall end at noon on the 20th day of January". Thus, Bush had relinquished the Presidency at 12:00. According to the Twentieth Amendment to the United States Constitution, Section 3: If, at the time fixed for the beginning of the term of the President... if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified." By Article Two, Section 1, Clause 8 of the Constitution and Amendment 20, Some feel that Obama was not able to assume the Presidency until 12:05. In fact, since Obama did not complete his oath until 12:01, there was further speculation as to who was President for the first minute after Bush relinquished control.