Twenty-second Amendment to the United States Constitution
The amendment prohibits any individual who has been elected president twice from being elected again. Under the amendment, an individual who fills an unexpired presidential term lasting greater than two years is also prohibited from winning election as president more than once. Scholars debate whether the amendment prohibits affected individuals from succeeding to the presidency under any circumstances or whether it only applies to presidential elections.
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.