Twenty-second Amendment to the United States Constitution
Some argue that the 22nd Amendment and 12th Amendment bar any two-term president from later serving as vice president as well as from succeeding to the presidency from any point in the presidential line of succession. Others contend that the original intent of the 12th Amendment concerns qualification for "service" (age, residence, and citizenship), while the 22nd Amendment, concerns qualifications for "election", and thus (strictly applying the text) a former two-term president is still eligible to "serve" as vice president (neither amendment restricts the number of times an individual can be elected to the vice presidency), and then succeed to the presidency to serve out the balance of the term (though prohibited from running for election to an additional term).
Barack Obama presidential eligibility litigation
On January 20, 2009, Attorney Mario Apuzzo filed a lawsuit in federal court, on behalf of Charles Kerchner and other plaintiffs, suing President-Elect Barack Obama, the United States Congress, Dick Cheney, and Nancy Pelosi alleging Obama was ineligible to be president, and that Congress failed to verify Obama's eligibility. A federal district court in New Jersey dismissed the suit, ruling the plaintiffs lacked standing. On July 3, 2010, the United States Court of Appeals for the Third Circuit, citing "Berg v. Obama," affirmed the dismissal, and ordered Apuzzo to show cause why he should not be sanctioned for initiating a frivolous appeal. Apuzzo's subsequent request for a hearing was denied, but the order to show cause was discharged. On November 29, 2010, the U.S. Supreme Court declined, without comment, to hear the case.