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Obama as Vice President for Biden?

Jan 25, 2011
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Probable? Not a chance in hell. It’s a fantasy that’s unlikely to ever stand up to the intent of the 12th amendment.
 

JEDIYoda

Lifer
Jul 13, 2005
33,276
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as TheVrolok would say -- WHAT!! Another thrread on thi subject....lolol
Actually there has been some discussion if Biden would choose Michelle as his VP running mate!
I find the Obama thing to be interesting.....
 

dawp

Lifer
Jul 2, 2005
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I don't think he can as he can't run for president again as he's already had 2 terms.
 
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dank69

Lifer
Oct 6, 2009
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As others have said, this is highly unlikely. Democrats have enough to contend with without piling on a controversial pick like that. I also very highly doubt Obama has any intentions of getting back into politics that heavily, if at all.
 

JEDIYoda

Lifer
Jul 13, 2005
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The Founding Fathers placed no limits in the U.S. Constitution regarding how many times any one person could be elected (or otherwise serve) as President of the United States. However, in 1947 (after Franklin D. Roosevelt had broken with tradition and the Democrats won five consecutive presidential elections), Congress passed the 22nd amendment, ratified by the requisite number of states in 1951, which created a two-term limit for future Presidents. That amendment (along with earlier constitutional restrictions) would seem to disqualify Barack Obama from ever again attaining the office of President or Vice President of the United States, as he was elected to, and served, two full terms in that office between 2009 and 2017.

However, the wording of the 22nd Amendment doesn’t literally say that no one can be President for more than two terms; only that no one can be elected President more than twice:

No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once.
Presumably this still leaves open the loophole (intended or not) that one who had already been elected twice could still serve as President again by attaining that office through other means — particularly, by being elected or appointed Vice-President and thus becoming next in the line of presidential succession when the sitting President dies, becomes incapacitated, or resigns:

https://www.snopes.com/tachyon/2008/02/obama-vp-2.jpg
But does that loophole really exist? Some maintain it doesn’t because the 12th Amendment (ratified in 1804 to fix some unexpected issues with the originally specified methods for selecting the President and Vice-President) states that “no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.” So, one who has already twice been elected President isn’t eligible to become Vice-President afterwards and thereby potentially sneak into the presidency again through the back door.

Again we bump into some problems of literalness, though, because some would argue that a person who has already run up against the limits of the 22nd Amendment isn’t “constitutionally ineligible” to be President (i.e., that person doesn’t fail to meet one or more of the requirements specified in Article II of the constitution, such as being at least 35 years old or a natural-born citizen of the United States) but is merely constitutionally ineligible to be elected President. Under this interpretation, a former two-term President would still be eligible, under the law, to obtain and hold the office of Vice President through election or appointment to that position.

Ultimately, the only answer to this hypothetical is that there is no answer: this is an interpretive legal issue that, should it ever arise, would have to be decided by the judicial branch of the U.S. government.
 

dank69

Lifer
Oct 6, 2009
26,067
6,050
136
I don't think he can as he can't run for president again as he's already had 2 terms.
Probable? Not a chance in hell. It’s a fantasy that’s unlikely to ever stand up to the intent of the 12th amendment.
Everything in the Constitution regarding term limits for the President specifically states that he cannot be elected after serving two full terms. Nothing about being in the line of succession. You can argue about intent all you want but I doubt that will hold up in court. I mean what? An ex-President is barred from becoming Speaker of the House? I don't think so...
 

sandorski

No Lifer
Oct 10, 1999
67,831
2,928
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The Founding Fathers placed no limits in the U.S. Constitution regarding how many times any one person could be elected (or otherwise serve) as President of the United States. However, in 1947 (after Franklin D. Roosevelt had broken with tradition and the Democrats won five consecutive presidential elections), Congress passed the 22nd amendment, ratified by the requisite number of states in 1951, which created a two-term limit for future Presidents. That amendment (along with earlier constitutional restrictions) would seem to disqualify Barack Obama from ever again attaining the office of President or Vice President of the United States, as he was elected to, and served, two full terms in that office between 2009 and 2017.

However, the wording of the 22nd Amendment doesn’t literally say that no one can be President for more than two terms; only that no one can be elected President more than twice:


Presumably this still leaves open the loophole (intended or not) that one who had already been elected twice could still serve as President again by attaining that office through other means — particularly, by being elected or appointed Vice-President and thus becoming next in the line of presidential succession when the sitting President dies, becomes incapacitated, or resigns:

https://www.snopes.com/tachyon/2008/02/obama-vp-2.jpg
But does that loophole really exist? Some maintain it doesn’t because the 12th Amendment (ratified in 1804 to fix some unexpected issues with the originally specified methods for selecting the President and Vice-President) states that “no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.” So, one who has already twice been elected President isn’t eligible to become Vice-President afterwards and thereby potentially sneak into the presidency again through the back door.

Again we bump into some problems of literalness, though, because some would argue that a person who has already run up against the limits of the 22nd Amendment isn’t “constitutionally ineligible” to be President (i.e., that person doesn’t fail to meet one or more of the requirements specified in Article II of the constitution, such as being at least 35 years old or a natural-born citizen of the United States) but is merely constitutionally ineligible to be elected President. Under this interpretation, a former two-term President would still be eligible, under the law, to obtain and hold the office of Vice President through election or appointment to that position.

Ultimately, the only answer to this hypothetical is that there is no answer: this is an interpretive legal issue that, should it ever arise, would have to be decided by the judicial branch of the U.S. government.
Whether it's Legal or not doesn't matter. It's sketchy as hell and would create a controversy that isn't needed.
 
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ewdotson

Golden Member
Oct 30, 2011
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Exactly. Even if the inevitable court challenge was won by the dems, they'd be handing a propaganda bazooka to the gop. It just wouldn't be worth it.
 
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Jan 25, 2011
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Everything in the Constitution regarding term limits for the President specifically states that he cannot be elected after serving two full terms. Nothing about being in the line of succession. You can argue about intent all you want but I doubt that will hold up in court. I mean what? An ex-President is barred from becoming Speaker of the House? I don't think so...
The 12th amendment specifically states no one ineligible to be President can be Vice President. So it is about line of succession, contrary to your assertion. its not just about term limits. It’s about the specific intent of the amendment being to prevent exactly the type of end run to the office being described here.
 
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HomerJS

Lifer
Feb 6, 2002
25,091
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I don't think he can as he can't run for president again as he's already had 2 terms.
In order to by VP you have to meet qualifications for P and Barack already served 2 terms.

I would guess Michelle has had enough of Washington DC. She would be a great asset helping the likes of

Biden/Harris
Biden/Klobachur
Biden/Abrams
 

JEDIYoda

Lifer
Jul 13, 2005
33,276
2,973
126
In order to by VP you have to meet qualifications for P and Barack already served 2 terms.

I would guess Michelle has had enough of Washington DC. She would be a great asset helping the likes of

Biden/Harris
Biden/Klobachur
Biden/Abrams
But what you are missing is the wording does not say what you are saying -- here is the wording --
but is merely constitutionally ineligible to be elected President. Under this interpretation, a former two-term President would still be eligible, under the law, to obtain and hold the office of Vice President through election or appointment to that position. --- so YES it is possible!
 

ewdotson

Golden Member
Oct 30, 2011
1,002
909
136
why? If you can make a statement with no proof you can`t ask me to be specific when yuo are the one who brought this up....... Jesus still Loves you!!
I was asking how I sounded like a Republican. You were the one who brought *that* up.
 
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dawp

Lifer
Jul 2, 2005
10,314
1,528
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whether on not he's eligible he isn't going to join the ticket, so this is moot.

and like homer said, you have to meet the qualifications for president and Obama is no longer eligible to run.

We talked with political experts at UNCG. They said the 12th amendment takes the guesswork out of it, and the answer is no. President Obama, or any other former president, would not be able to be vice president.
This is a safety net to keep a President from serving three terms, elected or not.
this site says no
 
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GodisanAtheist

Platinum Member
Nov 16, 2006
2,546
1,036
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Obama had his shot, time to move on to someone else, even if it is his VP.

That being said, I wouldn't mind Biden picking someone young and more progressive as his VP, as a sort of safe guard against some sort of retaliatory impeachment (the ole Bush/Cheny play).
 

NostaSeronx

Diamond Member
Sep 18, 2011
3,210
727
136
There is a bit of info that there is a percentile chance of it being Yang. Do to the whole endorsement thing that just happened.

=> YANG: I'm definitely open to working with Joe. We've actually talked about it.

There is a bit of history between Biden and Yang, which promotes that it is worth a look. Even if Biden doesn't want it, there is a chance Biden's campaign would opt for Yang. To simply get Sander's young voters at the general, once Bernie also nominates Biden. Yang also likely has the vote for the latest novel republicans. With it based on poll speculation; highly suggests that a Biden/Yang general would absolutely sweep the incumbant.
 
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