You just answered your own question. The 12th amendment says he can’t.
Most of the conservative justices are looking more at the actual text rather than trying to determine “intent”. Textualism is the main legacy of Scalia.
When a state decides on amendment ratification, it doesn’t ask itself, ‘what did congress intend with this amendment?’ That is irrelevant. It is only concerned with what the Amendment says.
The 22nd Amendment talks about a president not being elected more that twice.
If Obama is elected VP in 2020 and succeeds to the presidency, he will be president three times, but he would have only been elected twice. Once in 2008 and once in 2012.
The congress of 1947 was familiar with the English language. It knew the difference between the words “elected” and “served”.
The VP is not elected with the President. They are elected by the Electoral College on separate ballots.
In 2008, numerous federal lawsuits were filed claiming Obama was ineligible to be president because he wasn’t a natural born citizen. They were all denied by the courts on the basis of standing- in simple terms ‘Even if he isn’t a natural born citizen, you have to prove that this has injured you’.
I think any suits over the VP issue would meet the same fate.
The folks who drafted the 22nd could have said “No person may hold the office of the Presidency more than twice” and that would have made Obama ineligible to run for VP, because being VP makes him second in line for the POTUS.
It doesn’t say that, though. I am sure this topic came up and they chose to word it the way they worded it.
Obama could also run for Congress, no one can stop that either. And if he was named Speaker of the House he would be third in line for the POTUS. If he was Senate Majority leader he would be fourth.
The eligibility requirements implied in the 12th are met by Obama due to his place of birth and age. The 22nd does not make him ineligible to be Veep or to run for it, he just can never run to be President again. If Biden died or became incapable of finishing his term Obama could finish it but never run for reelection.
The same could be said for LBJ, he could have been elected twice despite taking over for JFK.
They are on the ballot together. You cannot vote for one without voting for the other. I don’t know about the Electoral College … has there ever been an election where the VP votes did not exactly mirror the P votes?
You do not elect the president and vice president. The Electoral College does.
Yes, there have been several elections when the presidential candidate and vice-presidential candidate did not receive the same number of Electoral votes.
2016 - Trump - 304 / Pence - 305
2004 - Kerry - 251 / Edwards - 252
1976 - Ford - 240 / Dole - 241
There were more
You can check each election here
The question is not whether there has been; the question is whether it is possible.
The answer to both questions is “yes”.
Thanks for the answers.
Pick someone else because with all these scandals he will more the likely be in Gitmo along with the rest of his Deepstate traitors in 2020.
