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Can A Two Term President Ever Be President Again?

Cardinal said:
I don't see how that would be possible. Also, Obama inherently respects the Constitution and wouldn't put himself in a position where he may have to flagrantly violate the 22nd amendment.
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Your second sentence was unnecessary and made me throw up a little. Perhaps the whole spying on Congress people and journalists has me a bit skeptical. Nice trolling otherwise.


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AliHajiSheik said:
Your second sentence was unnecessary and made me throw up a little. Perhaps the whole spying on Congress people and journalists has me a bit skeptical. Nice trolling otherwise.


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Your personal hatred for Obama doesn't concern me.
 
Moderate Right said:
What would be your thoughts on if Obama ran for congress and became Speaker of the House or a Gerald Ford situation?
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He COULD do that if he wanted. Technically he wouldn’t even need to run for the House. The House can elect anybody they want as Speaker. They could choose any private citizen they wanted as there are no qualifications for it listed in the Constitution.
 
Moderate Right said:
I was just wondering if Joe Biden were to run in 2020 and win the primary if he could pick Obama as his VP (not that this would actually happen) so I searched to find the answer and I found the following very interesting article:

https://www.washingtonpost.com/news...-running-mate-yes-but/?utm_term=.12e091e3c4aa

I was wondering what everyone else thought on the general subject, not necessarily about a Biden/Obama ticket.
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Can A Two Term President Ever Be President Again?
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The WaPo article presents an interesting set of nuances pertaining to the language of the 12th and 22nd Amendments. It also alludes to at least one of the non-elected emplacement scenarios. One such scenario that it hasn't addressed is one that, like several others, introduces a jurisprudential/Constitutional dilemma.

That scenario is this: a party nominates a former two-term POTUS and he wins the election and the electoral college'a electors indeed vote for him as per the will of the people in their respective states. What's to happen then?
  • The SCOTUS (the Chief Justice) refuses to inaugurate the elected individual?
  • The Congress keeps holding electoral college votes in the hope that the electors elect someone else?
  • The states "unseat" their electors and send new ones?
  • The majority of the electorate's will is, somehow, simply disregarded and subverted?
  • The Speaker-Elect of the House becomes POTUS?
  • The VP-elect who ran with the former POTUS becomes POTUS?
In case readers were wondering what inspired me to consider the above noted dilemma, it's the inherently controversial notion of jury nullification wherein jurors substantively say "Screw that precedent and the law say. We think the law/precedent is wrong and/or wrongly applied (for whatever reason the jurors think so) and that the defendant should be therefore found not guilty, and that's our verdict." The principle driving my conception of the above noted conundrum is that of the direct will of the people vs. what the people's representatives have enacted. It's a normative matter of what be the role and/or primacy of directly democratic decision making in a democratic republic.
 
Skeptic Bob said:
He COULD do that if he wanted. Technically he wouldn’t even need to run for the House. The House can elect anybody they want as Speaker. They could choose any private citizen they wanted as there are no qualifications for it listed in the Constitution.
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But then could Obama, as speaker of the House, take over the presidency?
 
Moderate Right said:
But then could Obama, as speaker of the House, take over the presidency?
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IF Obama was Speaker, AND Trump and Pence were both impeached or resigned, THEN Obama, theoretically, would become President for the remainder of that term until the next President is elected. Theoretically at least.
 
Cardinal said:
Your personal hatred for Obama doesn't concern me.
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I expressed no hatred. Bad things were done on every Presidents watch. Tossing around the word “inherently” may not concern you but those blinders you are wearing should be to anyone unbiased to reality.

I take seriously one branch of government spying on another, or spying on the press. Perhaps you don’t.


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Xelor said:
The WaPo article presents an interesting set of nuances pertaining to the language of the 12th and 22nd Amendments. It also alludes to at least one of the non-elected emplacement scenarios. One such scenario that it hasn't addressed is one that, like several others, introduces a jurisprudential/Constitutional dilemma.

That scenario is this: a party nominates a former two-term POTUS and he wins the election and the electoral college'a electors indeed vote for him as per the will of the people in their respective states. What's to happen then?
  • The SCOTUS (the Chief Justice) refuses to inaugurate the elected individual?
  • The Congress keeps holding electoral college votes in the hope that the electors elect someone else?
  • The states "unseat" their electors and send new ones?
  • The majority of the electorate's will is, somehow, simply disregarded and subverted?
  • The Speaker-Elect of the House becomes POTUS?
  • The VP-elect who ran with the former POTUS becomes POTUS?
In case readers were wondering what inspired me to consider the above noted dilemma, it's the inherently controversial notion of jury nullification wherein jurors substantively say "Screw that precedent and the law say. We think the law/precedent is wrong and/or wrongly applied (for whatever reason the jurors think so) and that the defendant should be therefore found not guilty, and that's our verdict." The principle driving my conception of the above noted conundrum is that of the direct will of the people vs. what the people's representatives have enacted. It's a normative matter of what be the role and/or primacy of directly democratic decision making in a democratic republic.
Click to expand...

Only a Federal judge is required to administer the oath of office, the Chief Justice has typically been selected as a courtesy.


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Lyndon Johnson could have run for a third term (OK, second full elected term, plus a partial term replacing Kennedy.) I don't remember any suggestion that it would have been a Constitutional problem.

The amendment says what it says. In the hypothetical situation of the OP, Obama could replace Biden but would not be eligible to run again since he has already been elected twice.
 
vanceen said:
Lyndon Johnson could have run for a third term (OK, second full elected term, plus a partial term replacing Kennedy.) I don't remember any suggestion that it would have been a Constitutional problem.

The amendment says what it says. In the hypothetical situation of the OP, Obama could replace Biden but would not be eligible to run again since he has already been elected twice.
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There wasn't a constitutional problem with Johnson running again in 1968 because the 22nd Amendment specifically allows for a person who became president in the middle of another's term with less than two years left to run for election twice.
 
AliHajiSheik said:
Only a Federal judge is required to administer the oath of office, the Chief Justice has typically been selected as a courtesy.
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Fair point. I failed to apply that nuance, but it's relevant, and I shouldn't have overlooked it. TY for the correction.
 
Moderate Right said:
I was just wondering if Joe Biden were to run in 2020 and win the primary if he could pick Obama as his VP (not that this would actually happen) so I searched to find the answer and I found the following very interesting article:

https://www.washingtonpost.com/news...-running-mate-yes-but/?utm_term=.12e091e3c4aa

I was wondering what everyone else thought on the general subject, not necessarily about a Biden/Obama ticket.
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I think that Obama could be the VP of Biden. My issue with the objection that Obama can't be because he already served two terms as President has to do with "ineligibility". Imagine if the President and VP were both killed. The Speaker of the House would become President. The Speaker of the House could be a former President who already served two terms, and he would become President again. So Obama isn't actually ineligible to become President, he just can't be elected President. That seems to be along the lines of what the article is suggesting as well, but I came to this conclusion on my own.
 
Anagram said:
There wasn't a constitutional problem with Johnson running again in 1968 because the 22nd Amendment specifically allows for a person who became president in the middle of another's term with less than two years left to run for election twice.
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OK, thanks for that. It was pretty close to two years!
 
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