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Could Obama become Veep?

Aristaeus

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I'd be hugely surprised if he actually wanted to, but constitutionally, could he? I've heard arguments that he couldn't due to having already served 2 terms as President, but H.W Bush served 1 term as veep, 1 term as President, and ran for a 2nd term as President. I don't see how that was any different if he had won in '92. Am I missing something?
 
I'd be hugely surprised if he actually wanted to, but constitutionally, could he? I've heard arguments that he couldn't due to having already served 2 terms as President, but H.W Bush served 1 term as veep, 1 term as President, and ran for a 2nd term as President. I don't see how that was any different if he had won in '92. Am I missing something?

Constitution states that the VP has to be eligible to serve as President. Rules out Obama, Amendment came after FDR.
 
Constitution states that the VP has to be eligible to serve as President. Rules out Obama, Amendment came after FDR.

Amendment XXII only mentions 'elected' & it does not mention VP so, I would disagree ..........
 
It is the 12th Amendment. The last sentence of it is:

But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States
 
I'd be hugely surprised if he actually wanted to, but constitutionally, could he? I've heard arguments that he couldn't due to having already served 2 terms as President, but H.W Bush served 1 term as veep, 1 term as President, and ran for a 2nd term as President. I don't see how that was any different if he had won in '92. Am I missing something?

Yes, he could. And Joe Biden could be President, HillBill could be SOS again because nothing in law or Constitution prevents any of it.
 
Amendment XXII only mentions 'elected' & it does not mention VP so, I would disagree ..........

The 22nd amendment does not invalidtate the 12th amendment.

The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and all persons voted for as Vice-President and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate

The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted.

The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.

The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

https://en.m.wikipedia.org/wiki/Twelfth_Amendment_to_the_United_States_Constitution
 
I'd be hugely surprised if he actually wanted to, but constitutionally, could he? I've heard arguments that he couldn't due to having already served 2 terms as President, but H.W Bush served 1 term as veep, 1 term as President, and ran for a 2nd term as President. I don't see how that was any different if he had won in '92. Am I missing something?

Yes - the 12th amendment. See post #7.
 
Yes, he could. And Joe Biden could be President, HillBill could be SOS again because nothing in law or Constitution prevents any of it.

You have to be eligible to be President in order to be Vice-President.
 

I'm of the belief he could not, but your own link states:

"The Twelfth Amendment explicitly states the constitutional requirements as provided for the President also apply to being Vice President.

It is unclear whether a two-term president could later serve as Vice President. Some argue that the Twenty-second Amendment and Twelfth Amendment both bar any two-term president from later serving as Vice President as well as from succeeding to the presidency from any point in the United States presidential line of succession.

Others contend that the Twelfth Amendment concerns qualification for service, while the Twenty-second Amendment concerns qualifications for election, and thus a former two-term president is still eligible to serve as Vice President.

The applicability of this distinction has not been tested, as no former president has ever sought the vice presidency, and thus the courts have never been required to make a judgment regarding the matter. "
 
I'm of the belief he could not, but your own link states:

"The Twelfth Amendment explicitly states the constitutional requirements as provided for the President also apply to being Vice President.

It is unclear whether a two-term president could later serve as Vice President. Some argue that the Twenty-second Amendment and Twelfth Amendment both bar any two-term president from later serving as Vice President as well as from succeeding to the presidency from any point in the United States presidential line of succession.

Others contend that the Twelfth Amendment concerns qualification for service, while the Twenty-second Amendment concerns qualifications for election, and thus a former two-term president is still eligible to serve as Vice President.

The applicability of this distinction has not been tested, as no former president has ever sought the vice presidency, and thus the courts have never been required to make a judgment regarding the matter. "

I agree with you that Obama couldn't be elected President or Vice President by the terms of the 12th and 22nd Amendments... but I do think he could be appointed Vice President under the terms of the 25th Amendment, subject to Congressional confirmation, of course.
 
I agree with you that Obama couldn't be elected President or Vice President by the terms of the 12th and 22nd Amendments... but I do think he could be appointed Vice President under the terms of the 25th Amendment, subject to Congressional confirmation, of course.


Why couldn't Obama stand for election as VP ?
 
Why couldn't Obama stand for election as VP ?

He could stand for election, but any Electoral College votes he received would be constitutionally invalidated by the 12th Amendment's last sentence. The 22nd Amendment says he can't be elected President, and so by the terms of the 12th Amendment, it means he can't be elected Vice President.
 
I'm of the belief he could not, but your own link states:

"The Twelfth Amendment explicitly states the constitutional requirements as provided for the President also apply to being Vice President.

It is unclear whether a two-term president could later serve as Vice President. Some argue that the Twenty-second Amendment and Twelfth Amendment both bar any two-term president from later serving as Vice President as well as from succeeding to the presidency from any point in the United States presidential line of succession.

Others contend that the Twelfth Amendment concerns qualification for service, while the Twenty-second Amendment concerns qualifications for election, and thus a former two-term president is still eligible to serve as Vice President.

The applicability of this distinction has not been tested, as no former president has ever sought the vice presidency, and thus the courts have never been required to make a judgment regarding the matter. "

As long as we're discussing remote but possible scenarios, could a former 2 term president be speaker of the house? I'm mean it's possible they might have to assume the mantle.
 
He could stand for election, but any Electoral College votes he received would be constitutionally invalidated by the 12th Amendment's last sentence. The 22nd Amendment says he can't be elected President, and so by the terms of the 12th Amendment, it means he can't be elected Vice President.

I think this has already been answered, the 12th amendment states the qualifications for someone to serve as president. Not having already served two terms in not among them.


So Obama is qualified to be Vice President.


He just can't stand to be elected as president.
 
I'd be hugely surprised if he actually wanted to, but constitutionally, could he? I've heard arguments that he couldn't due to having already served 2 terms as President, but H.W Bush served 1 term as veep, 1 term as President, and ran for a 2nd term as President. I don't see how that was any different if he had won in '92. Am I missing something?

I’ve always understood presidential term limits to be consecutive. I don’t believe there is a cumulative term limit.
 
I think this has already been answered, the 12th amendment states the qualifications for someone to serve as president. Not having already served two terms in not among them.


So Obama is qualified to be Vice President.


He just can't stand to be elected as president.

If you can't be elected President, then you can't be elected Vice President - the last sentence of the 12th Amendment is the clincher there. The 22nd Amendment makes him constitutionally ineligible to be elected to the office.
 
As long as we're discussing remote but possible scenarios, could a former 2 term president be speaker of the house? I'm mean it's possible they might have to assume the mantle.

Absolutely - there's no constitutional barrier to a former 2-term President succeeding to the Presidency... they just can't be elected President or Vice President. As we've seen with President Ford, you can become President without ever being elected President or Vice President.
 
22A (note this mentions only election):

No person shall be elected to the office of the President more than twice...

12A:

But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

Using a strictly literal interpretation of the above, Obama could be appointed to any position in the line of succession and elected to any non-VP position. He then could become President. This highly improbable scenario likely would trigger a constitutional challenge.
 
22A (note this mentions only election):



12A:



Using a strictly literal interpretation of the above, Obama could be appointed to any position in the line of succession and elected to any non-VP position. He then could become President. This highly improbable scenario likely would trigger a constitutional challenge.

Why launch a constitutional challenge of a caretaker President who's a lame duck the second they take oath of office?
 
I'd be hugely surprised if he actually wanted to, but constitutionally, could he?
I've heard arguments that he couldn't due to having already served 2 terms as President, but H.W Bush served 1 term as veep, 1 term as President, and ran for a 2nd term as President. I don't see how that was any different if he had won in '92. Am I missing something?


I believe he could,but he wouldn't be able to take the presidents place if the president died.

That would violate the Constitution
 
22A (note this mentions only election):



12A:



Using a strictly literal interpretation of the above, Obama could be appointed to any position in the line of succession and elected to any non-VP position. He then could become President. This highly improbable scenario likely would trigger a constitutional challenge.


So it probably won't happen,eh?
 
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