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).
Twelfth Amendment to the United States Constitution
The experiences of the 1796 and 1800 presidential elections spurred legislators to amend the presidential election process, requiring each member of the Electoral College to cast one electoral vote for president and one electoral vote for vice president. Under the new rules, a contingent election is still held by the House of Representatives if no candidate wins a presidential electoral vote from a majority of the electors, but there is no longer any possibility of multiple candidates winning presidential electoral votes from a majority of electors. The Twelfth Amendment also contained other provisions, lowering the number of candidates eligible to be selected by the House in a presidential contingent election from five to three, establishing that the Senate would hold a contingent election for vice president if no candidate won a majority of the vice presidential electoral vote, and providing that no individual constitutionally ineligible to the office of president would be eligible to serve as vice president.