There would be legit debate on this if it came up. The 12th Amendment lists eligibility requirements for POTUS (must be 35 years old, natural born citizen, etc). There is nothing in the 12th regarding term limits and Obama is eligible (as much as he ever was) pursuant to the 12th. The 22nd restricts anyone from being "ELECTED" to POTUS more than twice. Obama is eligible to POTUS as per 12th but he ineligible to be "elected" to POTUS as per the 22nd. And of course "appointed" is not "elected".
Yea, I don't know how that works because even the "election" is up to the states. They can select any EC slate they choose. They do not have to have a popular election to determine the EC slate.
Someone I was talking to in the comments of I post I did yesterday actually went through a lot of this. He said the election process is pretty well described in the Constitution so even if there is some question over whether what we just experienced in 2020 was even an "election", an appointment is definitely not an election. You might find it interesting. Has to do with the exact same topic as this post.
There would be legit debate on this if it came up. The 12th Amendment lists eligibility requirements for POTUS (must be 35 years old, natural born citizen, etc). There is nothing in the 12th regarding term limits and Obama is eligible (as much as he ever was) pursuant to the 12th. The 22nd restricts anyone from being "ELECTED" to POTUS more than twice. Obama is eligible to POTUS as per 12th but he ineligible to be "elected" to POTUS as per the 22nd. And of course "appointed" is not "elected".
Yea, I don't know how that works because even the "election" is up to the states. They can select any EC slate they choose. They do not have to have a popular election to determine the EC slate.
Someone I was talking to in the comments of I post I did yesterday actually went through a lot of this. He said the election process is pretty well described in the Constitution so even if there is some question over whether what we just experienced in 2020 was even an "election", an appointment is definitely not an election. You might find it interesting. Has to do with the exact same topic as this post.