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Can A Two Term President Ever Be President Again?

Moderate Right

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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.
 
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.

I doubt the Supremes would agree. Obama would not be constitutionally eligible to take office if Biden was killed by a jealous husband for groping his wife.

I get the author's "but", but it's pretty clear what the framers intended. Fresh blood, not retreads trading on their cult of personality, not to mention election schemes.
 
An interesting concept of attempting to rules-lawyer the process, but I feel like SCOTUS would clearly side with the intent of not having people in office for all eternity.
 
I doubt the Supremes would agree. Obama would not be constitutionally eligible to take office if Biden was killed by a jealous husband for groping his wife.

I get the author's "but", but it's pretty clear what the framers intended. Fresh blood, not retreads trading on their cult of personality, not to mention election schemes.

By "framers" you mean "Congress of 1947?"
 
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.

This was a topic before I think. But no, Obama is Constitutionally ineligible from being President. The article does make it a point to pick on the terminology that no one can be elected President more than twice, but even then I don't think it would stand to scrutiny for Obama or Bill Clinton or any other two term President to run as a Vice-President. The intent of the 22nd is clear, I do not believe that the courts would allow such obvious attempts to usurp it, nor do I believe that any former 2 term President would try.
 
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.

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.
 
Pick Michelle instead.

I'd love to see the heads on the right explode.
 
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.

But read the amendment

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. But this Article shall not apply to any person holding the office of President, when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.

Shall be elected more than twice. If he became president due to something happening to the president, that is not being elected

anyway, the point is moot, Obama won't be a VP candidate.
 
But read the amendment



Shall be elected more than twice. If he became president due to something happening to the president, that is not being elected

anyway, the point is moot, Obama won't be a VP candidate.

Of course Obama won't be a VP candidate. I'll be elected President before that happens. But reading that part of the 22nd amendment with that kind of literalness wouldn't fly.

That said, the subject can easily enter grayer waters: could Obama be elected Speaker of the House? Again, not that Obama would pursue or accept such a position in any case, but it is an interesting thought experiment.
 
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.

The article makes the case that it wouldn't be "flagrant", but theoretically possible. I highly doubt that Obama would even do it for a number of reasons but I thought this was an interesting topic for discussion since, in theory, this could happen at some point in time.
 
The article makes the case that it wouldn't be "flagrant", but theoretically possible. I highly doubt that Obama would even do it for a number of reasons but I thought this was an interesting topic for discussion since, in theory, this could happen at some point in time.

Looking to my Speaker of the House comment, which starts to explore increasingly grayer territory, I imagine that Obama would have to step aside for the person next in line of succession.

There are a lot of questions that I wish Lawfare would explore, and this would be a good one for them to take on.
 
Pick Michelle instead.

I'd love to see the heads on the right explode.

As much as I currently don't like Michelle, I used to like her before Trump ran. What would really make me puke is these far left socialists like Warren, Cortez, et-al. It would leave me with the same disdain that the left now feels for Trump.
 
The article makes the case that it wouldn't be "flagrant", but theoretically possible. I highly doubt that Obama would even do it for a number of reasons but I thought this was an interesting topic for discussion since, in theory, this could happen at some point in time.

To add to my previous post, I think it's an issue that would go to the courts, and in my opinion I believe a SC ruling would determine the intent behind the 22nd amendment (interpreting intent is kind of their job), and conclude that it was the intent behind the 22nd Amendment that a President serve no more than two terms.
 
Of course Obama won't be a VP candidate. I'll be elected President before that happens. But reading that part of the 22nd amendment with that kind of literalness wouldn't fly.

That said, the subject can easily enter grayer waters: could Obama be elected Speaker of the House? Again, not that Obama would pursue or accept such a position in any case, but it is an interesting thought experiment.

Good question. It could be that the powers that be automatically assumed that if a president served two terms, he would never seek lower office.
 
Good question. It could be that the powers that be automatically assumed that if a president served two terms, he would never seek lower office.

That seems like an overly literal reading of the 22nd Amendment. I don't see how one could make the argument that a President who's served two terms could never be in any office or position that puts him in line of succession to the Presidency. A precedent that establishes that such a person would simply have to step aside for the next person in succession would be the least fussy solution.

I think in perception it's really goofy to be Vice President because that person's specific role is basically to step in once the Oval Office has become vacated for any reason.
 
Pick Michelle instead.

I'd love to see the heads on the right explode.

That reply made me laugh.:lol:

Thanks. I needed a good laugh today.
 
Looking to my Speaker of the House comment, which starts to explore increasingly grayer territory, I imagine that Obama would have to step aside for the person next in line of succession.

There are a lot of questions that I wish Lawfare would explore, and this would be a good one for them to take on.

I would say that as the VP is elected along with the president, any VP candidate who was president for 2 terms would be not allowed to be a VP candidate.

But as the speaker of the house, the road to the white house is not an elected to that role, that would be allowed for any person who was president for two terms. But he/she would be not allowed to run in the next election for President
 
The funny thing about all this is that if the so-called conservatives "originalists" aka "strict constructionists" (fraudsters, really, but that's another debate for another time) meant what they say, they'd have to let Obama run as VP and step into the Presidency upon whoever ran as President resigning. After all, it's not against the literal text of the amendment.

Which would be an absurd interpretation because the intent was painfully clear. But then, if they mean what they say, they're stuck reaching absurd conclusions in most cases. (Which is why they end up finding all sorts of excuses to generally not reach such conclusions while still claiming to have a more principled position).
 
That reply made me laugh.:lol:

Thanks. I needed a good laugh today.

Michelle Obama/Chelsea Clinton ticket would cause a load of right wing strokes across the nation.

Or the way these right wingers are going at it these days...

Michelle/Ocasio-Cortez :lol:

Although I don't think Ocasio is old enough constitutionally for that position.
 
Even if Obama wanted to be VP the Constitution says he can’t. From the very last sentence of the 12 Amendment:

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

If you aren’t eligible to be President then you aren’t eligible to be VP. At least not via election.
 
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Michelle Obama/Chelsea Clinton ticket would cause a load of right wing strokes across the nation.

Or the way these right wingers are going at it these days...

Michelle/Ocasio-Cortez :lol:

Although I don't think Ocasio is old enough constitutionally for that position.

You mean like having Trump president would cause a load of left wing strokes across the nation?
 
Even if Obama wanted to be VP the Constitution says he can’t. From the very last sentence of the 12 Amendment:



If you aren’t eligible to be President then you aren’t eligible to be VP. At least not via election.

Well that solves the hell out of that.
 
Even if Obama wanted to be VP the Constitution says he can’t. From the very last sentence of the 12 Amendment:



If you aren’t eligible to be President then you aren’t eligible to be VP. At least not via election.

What would be your thoughts on if Obama ran for congress and became Speaker of the House or a Gerald Ford situation?
 
What would be your thoughts on if Obama ran for congress and became Speaker of the House?

Going by a combined reading of the 22nd and 12th Amendments (thanks to Skeptic Bob) that question becomes pretty moot.
 
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