Question regarding Vice President

Jonathan

Well-Known Member
Is there a possibility of Biden choosing Obama for VP? Would that be allowed? Just wondering as Obama has been been very vocal again (as if he had really shut-up to begin with).
Actually, I think it is totally possible. The real question is whether, if something happened to Biden, then would Obama, who would be the next in line, could legally resume his role as president. If can get pretty iffy if you think about it.

The constitution prevents someone from getting elected twice to the POTUS role. But, if Obama was VP, and something happened to him, Obama would not directly be elected a third time but simply fulfill his role as VP. Of course, you could make the counter argument that being in the VP role is a de facto election for a president based on contingency. It gets really complicated at that point.

Let's hope that it never comes to that.

But it the strict sense, I think Obama COULD be Biden's running mate.

Do we have any real lawyers on this board? The OP asked an excellent question and I would love to know what someone who has been formally trained thinks about her question. (And also to score me one a level between 1 and 10 in terms of my layman's understanding of the law)
 

RonJohnSilver

Well-Known Member
The Twenty-Second Amendment says a person can only be elected to be president two times for a total of eight years. It does make it possible for a person to serve up to ten years as president. This can happen if a person (most likely the Vice-President) takes over for a president who can no longer serve their term.

Ultimately, the only answer to this hypothetical is that there is no answer: this is an interpretive legal issue that, should it ever arise, would have to be decided by the judicial branch of the U.S. government.
 

okk

Well-Known Member
Ultimately, the only answer to this hypothetical is that there is no answer: this is an interpretive legal issue that, should it ever arise, would have to be decided by the judicial branch of the U.S. government.
This is an interesting hypothetical, and I actually believe that the current supreme Court would vote 8-1 AGAINST "VP" Hussein Obama becoming president if Biden is unable to fulfil the responsibility.

The only justice I think would vote for it is Clarence Thomas: he's a 'textualist' judge who interprets statutes as they are written: if the amendment says you can't be elected more than twice, then you can still become president through presidential succession (just not an election).

Gorsuch, Kavanaugh, Alito etc are 'originalists': they interpret the text as any reasonable person would at the time of original adoption. It's pretty clear Congress didn't want a president in office for more than two terms, and the word 'elected' in the amendment is just a technicality.

I'm not a lawyer but I follow the supreme Court quite closely and that's just my opinion.
 

antitox

Well-Known Member
IMO, Biden campaign is already on shaky legs. I don't think it'll matter who he gets because it's going to look like a shambles no matter what. If he gets Kamala Harris, or better yet Pocahontas, it's gonna be a real clown car of freebies, giveaways, promises, promises, promises and spendthrift of maniacal proportions.
 

antitox

Well-Known Member
It is possible, highly unlikely though. He can serve as VP. As far as the Presidency goes, he is limited to 2 elected terms, and a total of 10 years as POTUS. Biden claims he will choose a woman for his running mate. Michelle is more likely to be VP, she could be a "straw man" candidate.
Don't you mean 8 yrs? As far as Michelle Obama goes, she would be weaker than the others, IMO.
 

Spartan Sprinter 1

Formerly known as Shaun
It is possible, highly unlikely though. He can serve as VP. As far as the Presidency goes, he is limited to 2 elected terms, and a total of 10 years as POTUS. Biden claims he will choose a woman for his running mate. Michelle is more likely to be VP, she could be a "straw man" candidate.
AHAHAH emphasis on the man part of the statement wink wink
 

ChildofLight

Well-Known Member
No. 10 years is allowed in total. For instance, If Biden can not continue and there is 2 years left in his term, and Barack Obama is the VP, he can serve 2 more years.
That was my thought as he would not have been voted in. He is evil and can do much damage in a shorter time than before because the “world” is ready for such a time. We are racing to the end.
 

TimeWarpWife

Well-Known Member
As to Biden choosing a woman, Barry could borrow Bill's blue dress from the painting. This would tick every box for the liberal dream candidate ~ a black, transgendered, anti-Semitic, anti-Christian, pro-Muslim, socialist-Communist-loving liberal who despises this country. The Dimwits would probably elect him to be Dictator-for-Life. :hehee
 
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Andy C

Well-Known Member
No, he cant be vice President. Below is the 12th Amendment - note the very last line in the Amendment. He is constitutionally ineligible due to him already serving 2 terms.


Election of President and Vice President
Passed by Congress December 9, 1803. Ratified June 15, 1804. The 12th Amendment changed a portion of Article II, Section 1. A portion of the 12th Amendment was changed by the 20th 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 of 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 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.
 

ChildofLight

Well-Known Member
No, he cant be vice President. Below is the 12th Amendment - note the very last line in the Amendment. He is constitutionally ineligible due to him already serving 2 terms.


Election of President and Vice President
Passed by Congress December 9, 1803. Ratified June 15, 1804. The 12th Amendment changed a portion of Article II, Section 1. A portion of the 12th Amendment was changed by the 20th 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 of 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 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.
Thank you
 
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