Billy_Bob
Diamond Member
AMENDMENT XXII - Passed by Congress March 21, 1947. Ratified February 27, 1951.Cant read that link. It wants me to sign up for a subscription. What does it say?VP has to become POTUS if something happens to Biden. Its against the constitution for Obama to do that since he served 8 years.So what would happen in the event something happened to Biden if he were president? Obama cannot legally be president again right?
Obviously this is wrong for so many reasons and I can't imagine the MSM even supporting it, though based on their desperation to dethrone Trump "by any means necessary" anything is possible
It sounds legally possible.
Could Joe Biden pick Barack Obama as his running mate? Yes. But.
As I said above - it's legally possible.
Could Joe Biden pick Barack Obama as his running mate? Yes. But.
It's too long to post - but does sound legally possible. Here are some excerpts:
The answer seems straightforward. But it is less straightforward than it appears.
Michael Dorf is a professor of constitutional law at Cornell University. In 2000, he argued that an Al Gore-Bill Clinton ticket could withstand legal scrutiny. And when we spoke by phone on Thursday, he said that he stood by that argument.
The rough outline of his argument is this: The 22nd Amendment doesn't say you can't be president for more than two terms. It says you can't be elected president twice. If a Biden-Obama ticket won (which we'll get to), and tragedy were to befall Joe Biden, Barack Obama could become president, according to the letter of the law (which we'll also get to), since he wasn't elected to the position. As such, Obama is not constitutionally ineligible to serve as president.
So, in short: Yes, Joe Biden can name Barack Obama as his running mate. It's even conceivable that, if they won, they could argue their case before Congress to be seated as president and vice president.
Section 1.
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 President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by 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.
NO! he can not...