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).
2008 United States presidential election
Not only was the 2008 election the first time since 1952 that neither the incumbent president nor the incumbent vice president was a candidate in the general election, but it was also the first time since the 1928 election that neither sought his party's nomination for president; as Bush was term-limited from seeking another nomination, the unique aspect was Vice President Cheney's decision not to seek the Republican nomination. The 2008 election was also the third presidential election since 1896 in which neither the incumbent president, the incumbent vice president, nor a current or former member of the incumbent president's Cabinet won the nomination of either major party the others being 1920 and 1952. With no members of the Bush administration emerging as major contenders for the Republican nomination, the Republican race was as open as the Democratic race.Immediately after the 2006 midterm elections, media pundits began speculating, as they did about the Democrats, about potential Republican candidates for President in 2008. In November 2006, Former New York City Mayor Rudolph Giuliani led in the polls, followed closely by Arizona Senator John McCain. The media speculated that Giuliani's pro-choice stance on abortion and McCain's age and support of the unpopular Iraq War would be detriments to their candidacies. Giuliani remained the frontrunner in the polls throughout most of 2007, with McCain and former Tennessee Senator Fred Thompson fighting for second place. Arkansas Governor Mike Huckabee, Giuliani, Former Massachusetts Governor Mitt Romney, and Texas Representative Ron Paul announced their candidacies on January 28, February 5, February 13, and March 12, respectively. McCain officially announced his candidacy on March 1, 2007, after several informal announcements. In the third quarter of 2007, the top four GOP (Republican) fundraisers were Romney, Giuliani, Thompson, and Ron Paul. MSNBC's Chuck Todd christened Giuliani and John McCain the front runners after the second Republican presidential debate in early 2007.