I’m not overlooking it.
The 22nd say he’s ineligible to be elected. It doesn’t say he’s ineligible to serve. To the 12th doesn’t apply
Disagree. The 22nd amendment says “No person shall be elected to the office of the President more than twice…”
It does not say he cannot serve more that twice.
Obama is eligible to be president and therefore eligible to be VP.
Forget Trump.
Just imagine a Jeb for prez and W for VP ticket.
Wild and fanciful speculation.
Clintons got about as close as one can get to pulling a stunt. Voters didn’t like that.
If it is attempted, ultimately the courts will decide the issue.
I’d like to see this worked out in the courts for fun…I wouldnt be opposed to either ruling
I’m not sure that is true.
The Supreme Court refused to hear the Obama birther issue, because they said no one had standing to bring such a suit. No one could show injury, even if Obama wasn’t a natural born citizen.
You put the two amendments together. 22nd says he can only be elected twice. after that he is constitutionally ineligible to run for the office again.
Then you add the 12th amendment: But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
He is ineligible to run for office again, so he can not be vice president.
Depends on interpretation. Some say yes, some say no. Unless it were a reality that requires a ruling, it will remain ambiguous. It won’t happen anyway.
The 22nd says he can only be elected president twice. If Obama runs for VP and is elected he still has only been elected president twice.
Again, I doubt there will ever be a ruling, even if it did happen. SCOTUS would not rule on Obama’s birther eligibility because no one had standing to bring such a suit. To have standing to sue, one must be injured in some way.
In my opinion, a previous president could be vice president. My rationale:
The eligibility requirements for president are listed in article II, section I, clause 5:
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
When the 12th amendment was ratified in 1804, when it states:
But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
The eligibility is that of article II, section I, clause 5. It could not have prospectively referred to the 22nd amendment, which was not ratified until 1951, 147 years after the 12th amendment.
The 22nd amendment says “elected to the office” and does not say anything about succession into office or becoming president by other means.
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True.
Remember that 22nd amendment was because of FDR and serving a continual 4 terms. The amendment was passed in 1947.
I do not believe Obama is eligible to be Biden’s VP, just by reading some articles.
He is still constitutionally innegligible to run for president. (having been elected twice). 12th says if you are constitutionally ineligible, you can’t be VP. He’s inneligible to run for president again.
its an interesting grey area.
why is he ineligible. Nowhere does it say a person is ineligible if he was elected twice. all it says is someone cant be elected more than twice. in this case he wouldnt have been elected president more than twice…
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He would not be running for president again. He would be running for VP. The constitution does not say he is ineligible to serve as president again- it only says he cannot be elected president again.
Exactly.
Couldn’t he be speaker of the house?
The 12th Amendment talks about the rules of the electors and how they vote and if a tie among electors is tied. And remember, the 12th was passed long before FDR.
https://www.google.com/search?q=12th+amendment&ie=&oe=
The 22nd Amendment talks no more than two elected terms.
