It’s constitutionally possible.
I’m not sure it’s possible to get through to the people who claim Obama could not be VP.
Logical arguments don’t seem to work.
Here is my final attempt.
Michael Dorf is a professor of Constitutional law at Cornell Univ.
He concludes that a Biden - Obama ticket is Constitutional
Here is the gist of his argument:
The 22nd Amendment doesn’t say you can’t be president for more than two terms. It says you can’t be elected president [more than] twice. If a Biden-Obama ticket won (which we’ll get to), and tragedy were to befall Joe Biden, Barack Obama could become president, according to the letter of the law (which we’ll also get to), since he wasn’t elected to the position. As such, Obama is not constitutionally ineligible to serve as president.
In the pecking order – below VP – if they are not constitutionaly qualified (the three things listed in constitution) they are skipped to the next pecking order.
HOWEVER the VP falls under the 12th and 22nd. Obama Could be – for example – speaker of the house (doesn’t need to be someone who isn’t a house member. But if the Pres and VP were killed, the line of succession would skip over Obama as speaker (having served two term), and go to the President pro tempore of the Senate. If they are inelligible, it would go to the next in line.
Snow- I’m starting to think you’re joking about this. I can’t believe the above interpretation is serious.
The simple fact is this question doesn’t really have an answer until the Court answers it for us.
I think it does have an answer.
I don’t see one bit of ambiguity to it.
So in my hypothetical what happens if all those listed in the pecking order are ineligible what happens then?
Obama caused the return of slavery to N. Africa. He probably knew of the coup attempt against Trump by his FBI and Justice dept. …
Have you ever watched the TV Drama series “Designated Survuvor”? In it the Secretary of Education becomes President because all of the people in the line of succession above him are killed in one fell swoop. For all practical purposes (and plausible scenarios) there is always going to be a “next in line.”
No I have not watched it.
I agree, or at least that’s the argument I would want addressed before I’m convinced that this scenario would allow additional service.
I wanted to point that out because it may be a long time before we are on the same page again.
If you are not eligible to be President then you can not serve as vice president. The 22nd makes Obama ineligible to be president due to the two term limit. Ergo Obama can not serve as vice president.
He is a natural born citizen over the age of 35; therefore he is eligible. He is, however, prohibited (by the 22nd) from being re-elected to the office. The distinction is important. Eligible vs. elected.
Serving two terms makes one ineligible to be president ever again. Obama cannot be elected again, nor can he be president again by way of being in a line of progression. If Obama was elected Speaker of the House tomorrow and something were to happen to both Trump and Pence at the same time then Obama would be skipped over to whoever comes after the Speaker.
No … it doesn’t. Read the exact words in the 22nd.
”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.”
There is no mention of ineligibility to serve based on prior service. It’s ALL about being elected to serve more than twice.
That said, it could be argued that the President and the Vice President are elected together as a pair, making a twice elected President ineligible to be elected as a Vice President. I’m sure that if the situation arises, it will immediately be callanged and directly sent to the SCOTUS to be resolved. Given their propensity to rule based on what they believe the intent of the Constution is, there is little doubt that they would rule against eligibility. However, they also often surprise us.
The premise of the show is real - it happens every year.
During the State of the Union Address, the President, Vice President, the Speaker and the Senate Majority Leader are all in attendance- as are most of the cabinet.
In other words, most of the chain of succession. So one cabinet member in the line of succession - usually a very junior cabinet member - will be the “designated survivor” during the SOTU. They’ll be whisked away to a secure facility during the address, just in case a nuke hits the Capitol during the speech. Continuity of government.
Well, that’s the question.
What was the intent of the ratifiers of the 22nd Amendment?
Did they mean to leave a loophole, or not?
100% if either party tried to do this, the lawsuit would be filed before the press conference was finished. In fact if there was even a rumor it was being considered they might go on and file the lawsuit and try to block the person was even being named.
The fact that the VP is elected with the president would likely be the main argument used. Would actually be fascinating to watch play out.
Don’t know that he could “be elected VP” but thanks to Obese Donald, the current Constitutional Expert residing in the White House, we now know that the next Democratic President could make Barack Obama his VP thanks to Article II of the U.S. Constitution.
In a June interview with ABC News, Trump said, “Article 2 allows me to do whatever I want. Article 2 would have allowed me to fire [Mueller].”
Trump Falsely Says Constitution Gives Him Unlimited Power As President
Actually, they are not elected as a pair. They are not elected on the first Tuesday in November. They are elected in mid December by the Electoral College. There is a separate vote for President and Vice President.
