Biden/Obama in 2020

[Bob Blaylock]

As the Twenty-Second Amendment is written, there is nothing to stop a former two-term President from serving again as President, if he achieved that office by any other means than being directly elected to it. The scenario described in the OP could indeed legitimately happen—Biden (or any other candidate) could choose Obama as his running mate, Obama could be thus elected vice President, and then service again as President if the President with whom he ran died or was otherwise removed from office. Obama could also be elected or assigned to other positions within the line of succession, and then rise to the Presidency if all those ahead of him in that line were removed.

It's all possible, and legal, albeit extremely unlikely.

On a related note, there has been one President of this country who was never elected to either the position of President nor Vice-President. I am wondering who else here on this forum knows which President that was, and how he became President.

Wrong:

The 22nd amendment is written in the precise term. As the President and Vice President ARE ELECTED TOGETHER it is an elected position for which he may not be elected to again.

I quote the Twenty-Second Amendment below. It prohibits one who has been twice elected President from being elected a third time. It also prohibits anyone who has served as President for two years or more without having been elected to that position from being elected more than once.

Anyway, I do not see anything in the Twenty-Second Amendment which would prevent one who is ineligible to be elected President under this Amendment terms from being elected or appointed to any other position in the line of succession to the Presidency, and then becoming President again should everyone ahead of him in that line be removed.

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 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.

Section 2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several states within seven years from the date of its submission to the states by the Congress.​

 

[RetiredGySgt]

As the Twenty-Second Amendment is written, there is nothing to stop a former two-term President from serving again as President, if he achieved that office by any other means than being directly elected to it. The scenario described in the OP could indeed legitimately happen—Biden (or any other candidate) could choose Obama as his running mate, Obama could be thus elected vice President, and then service again as President if the President with whom he ran died or was otherwise removed from office. Obama could also be elected or assigned to other positions within the line of succession, and then rise to the Presidency if all those ahead of him in that line were removed.

It's all possible, and legal, albeit extremely unlikely.

On a related note, there has been one President of this country who was never elected to either the position of President nor Vice-President. I am wondering who else here on this forum knows which President that was, and how he became President.

Ford and he was made vice President when Agnew was forced out and became President when Nixon resigned.

 

[Billy_Bob]

As the Twenty-Second Amendment is written, there is nothing to stop a former two-term President from serving again as President, if he achieved that office by any other means than being directly elected to it. The scenario described in the OP could indeed legitimately happen—Biden (or any other candidate) could choose Obama as his running mate, Obama could be thus elected vice President, and then service again as President if the President with whom he ran died or was otherwise removed from office. Obama could also be elected or assigned to other positions within the line of succession, and then rise to the Presidency if all those ahead of him in that line were removed.

It's all possible, and legal, albeit extremely unlikely.

On a related note, there has been one President of this country who was never elected to either the position of President nor Vice-President. I am wondering who else here on this forum knows which President that was, and how he became President.

Wrong:

The 22nd amendment is written in the precise term. As the President and Vice President ARE ELECTED TOGETHER it is an elected position for which he may not be elected to again.

I quote the Twenty-Second Amendment below. It prohibits one who has been twice elected President from being elected a third time. It also prohibits anyone who has served as President for two years or more without having been elected to that position from being elected more than once.

Anyway, I do not see anything in the Twenty-Second Amendment which would prevent one who is ineligible to be elected President under this Amendment terms from being elected or appointed to any other position in the line of succession to the Presidency, and then becoming President again should everyone ahead of him in that line be removed.

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 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.

Section 2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several states within seven years from the date of its submission to the states by the Congress.​

Amendment XII
“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”

I would suggest some light reading of your Constitution. It clearly defines eligibility for the office of vice president.

 

[beagle9]

As the Twenty-Second Amendment is written, there is nothing to stop a former two-term President from serving again as President, if he achieved that office by any other means than being directly elected to it. The scenario described in the OP could indeed legitimately happen—Biden (or any other candidate) could choose Obama as his running mate, Obama could be thus elected vice President, and then service again as President if the President with whom he ran died or was otherwise removed from office. Obama could also be elected or assigned to other positions within the line of succession, and then rise to the Presidency if all those ahead of him in that line were removed.

It's all possible, and legal, albeit extremely unlikely.

On a related note, there has been one President of this country who was never elected to either the position of President nor Vice-President. I am wondering who else here on this forum knows which President that was, and how he became President.

Wrong:

The 22nd amendment is written in the precise term. As the President and Vice President ARE ELECTED TOGETHER it is an elected position for which he may not be elected to again.

I quote the Twenty-Second Amendment below. It prohibits one who has been twice elected President from being elected a third time. It also prohibits anyone who has served as President for two years or more without having been elected to that position from being elected more than once.

Anyway, I do not see anything in the Twenty-Second Amendment which would prevent one who is ineligible to be elected President under this Amendment terms from being elected or appointed to any other position in the line of succession to the Presidency, and then becoming President again should everyone ahead of him in that line be removed.

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 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.

Section 2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several states within seven years from the date of its submission to the states by the Congress.​

Amendment XII
“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”

. Biden wouldn't choose Obama as his running mate, and you know why ?? Because one of these sycophant Obama lovers would try to assassinate Biden in an attempt to steal the Presidency back for their anti-white sycophant agenda in which they had in play with Obama.

 

[Lakhota]

Obama may want to come back as VP to help Biden restore his legacy and clean up the Trump clusterfuck.

 

[frigidweirdo]

There are some people out there who think Obama could actually become Vice President and then be appointed to the office of President if something happened to Biden. To those people I say: It can't happen.

According to the U.S. Constitution, Obama could never become Biden's Vice President. First, the Constitution provides that a Vice President cannot be elected if he/she is constitutional ineligible to the office of President. Second, the Constitution provides that no person can hold the office of President for more than two terms. Therefore, since Obama has served two terms as President he cannot hold that office again, and since he is unqualified for the office of the presidency he cannot become Vice President. The relevant portions of the Constitution are found in Amendments XII and XXII and they are provided below.

Amendment XII
“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” (emphasis my own).

Amendment XXII
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 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.”

Obama would not be eligible to run for the office of Vice President. When the Constitution says, “But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States” it means that no one who is ineligible to be ELECTED President can Be ELECTED as Vice President. So what does it take to be eligible to run for the office of president? Well, according to Article II, Section 1, he must be a natural born citizen, at least 35 years old and have resided in the United States for 14 years; further, according to Amendment 22, Section 1, he cannot have been previously elected to the office for two terms.

Some people think that Obama could become Vice President and serve again as President if something happened to Biden because he would be appointed to that position rather than being elected. This is not true. In order to become Vice President Obama would have to be elected to that position; however, the Constitution prohibits him from becoming Vice President since he is not qualified to be President. The language of the Constitution is plain and simple: Obama's gone. Obama's final departure from the presidency reminds me of this old country song:

Your second point is wrong. You cannot be elected to be President more than twice. You could serve more terms than that.

The first point you made is that a President must be a natural born citizen, Obama is, 35 years old, he is, and 14 years a resident, he is.

So, he's not ineligible there.

I didn't say Obama was ineligible. As for serving more than two terms, LBJ served less than two years of Kennedy's remaining term, If LBJ had served for more than two years, he could not have been elected to that position more than once. Here is what the Constitution says: “.... 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” (Article XXII, Section1). According to the Constitution, ten years is the most that anyone could serve as President and it could be as little as six years.

Well, no.

A person could be elected VP after having served 8 years as President, then serve 3 years 364 days after the President dies in mysterious circumstances with a knife in his back after day one. Then the next president gets elected with the same VP as the previous one, and then dies in mysterious circumstances after a chainsaw accident while trying to shave his beard, and then VP takes over again.

He could just keep doing this, over and over and over.

Or even potentially just have someone sworn in as President, then he quits the job on day one. Then the guy gets in again.

Unethical as shit, but NOT unconstitutional.

At present I don't think anyone would go for it, it's simply too risky and the talk would be all negative.

But a Putin/Xi type person might try and get away with it.

 

[The Professor]

There are some people out there who think Obama could actually become Vice President and then be appointed to the office of President if something happened to Biden. To those people I say: It can't happen.

According to the U.S. Constitution, Obama could never become Biden's Vice President. First, the Constitution provides that a Vice President cannot be elected if he/she is constitutional ineligible to the office of President. Second, the Constitution provides that no person can hold the office of President for more than two terms. Therefore, since Obama has served two terms as President he cannot hold that office again, and since he is unqualified for the office of the presidency he cannot become Vice President. The relevant portions of the Constitution are found in Amendments XII and XXII and they are provided below.

Amendment XII
“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” (emphasis my own).

Amendment XXII
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 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.”

Obama would not be eligible to run for the office of Vice President. When the Constitution says, “But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States” it means that no one who is ineligible to be ELECTED President can Be ELECTED as Vice President. So what does it take to be eligible to run for the office of president? Well, according to Article II, Section 1, he must be a natural born citizen, at least 35 years old and have resided in the United States for 14 years; further, according to Amendment 22, Section 1, he cannot have been previously elected to the office for two terms.

Some people think that Obama could become Vice President and serve again as President if something happened to Biden because he would be appointed to that position rather than being elected. This is not true. In order to become Vice President Obama would have to be elected to that position; however, the Constitution prohibits him from becoming Vice President since he is not qualified to be President. The language of the Constitution is plain and simple: Obama's gone. Obama's final departure from the presidency reminds me of this old country song:

From the OP:

The answer seems to be pretty straightforward. The 12th Amendment to the Constitution states that "no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States." And the 22nd Amendment, the political response to Franklin Roosevelt's impressive run of presidential victories, capped presidents to two terms. Ergo: No Clinton-Clinton or Bush-Bush. Or Biden-Obama, for that matter. Done and done, right?

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.

What's more, Dorf said, the case of Powell v. McCormack in 1968 established precedent for a narrow reading of what constitutes "eligibility." In that case, the House sought to prevent Adam Clayton Powell from being sworn in as a representative, arguing that the Constitution gave them the ability to "be the judge of ... qualifications" to sit in the House. The Supreme Court disagreed, deciding that the House couldn't add new qualifications (in Powell's case, that he faced legal problems) by which to deem someone eligible.

"I interpret the Powell case to mean that when the Constitution refers to 'qualifications,' or whether someone is 'qualified' for an office, that's a kind of term of art," Dorf said. "When we learn that the vice president has to have the qualifications for the office of the presidency, that is also a term of art. We look to the part of the Constitution that tells us what it takes to be qualified to be president, and not having served two prior terms is not among them."

"The 22nd Amendment, to my mind, is a sort of stand-alone provision," he continued. And that provision says "elected." "The drafters of this language knew the difference between getting elected to an office and holding an office. They could have just said 'no person may hold the office of president more than twice.' But they didn't."

Here's the interesting part, though: Dorf also notes the distinction between running for the vice presidency and becoming vice president. I asked him where a challenge would arise to a Biden-Obama candidacy, and his response was that it would come up at the Electoral College -- or once Congress was asked to certify the already-voted-upon results. There's a completely valid argument to be made that the country would never elect Barack Obama as vice president, of course, in part because is seems to violate the spirit of the 22nd amendment. But if we did, it wouldn't actually become a constitutional question until after Election Day. Remember: We don't elect the president and vice president; the Electoral College does.

Well, let me put it this way, Lakhota I have a Juris Doctorate and have studied the Constitution for several decades. I think I know it better than the person you quoted. Here is what the Constitution says:

But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States” (emphasis my own).

Nothing could be clearer than this: Obama is ineligible for the office of President since he has already served two terms. There is no debate on this matter. Since he is clearly ineligible for the office of President he is, as a simple matter of law, ineligible to be elected Vice President. This is the plain and unambiguous meaning of the Constitution. Some people do a Mexican hat dance around the plain meaning in an attempt to make it say what it does not.I am aware that some authorities disagree on this issue. Some agree with my interpretation of the Constitution and some do not. Each of you will have to read what the Constitution says and make your own decisions. I have done my best to explain the matter to the fine folks on USMB and can do no more.

OK, I've run out of gas on this issue and have nothing more to say.

 

[Bob Blaylock]

There are some people out there who think Obama could actually become Vice President and then be appointed to the office of President if something happened to Biden. To those people I say: It can't happen.

According to the U.S. Constitution, Obama could never become Biden's Vice President. First, the Constitution provides that a Vice President cannot be elected if he/she is constitutional ineligible to the office of President. Second, the Constitution provides that no person can hold the office of President for more than two terms. Therefore, since Obama has served two terms as President he cannot hold that office again, and since he is unqualified for the office of the presidency he cannot become Vice President. The relevant portions of the Constitution are found in Amendments XII and XXII and they are provided below.

Amendment XII
“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” (emphasis my own).

Amendment XXII
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 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.”​

Obama would not be eligible to run for the office of Vice President. When the Constitution says, “But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States” it means that no one who is ineligible to be ELECTED President can Be ELECTED as Vice President. So what does it take to be eligible to run for the office of president? Well, according to Article II, Section 1, he must be a natural born citizen, at least 35 years old and have resided in the United States for 14 years; further, according to Amendment 22, Section 1, he cannot have been previously elected to the office for two terms.

Some people think that Obama could become Vice President and serve again as President if something happened to Biden because he would be appointed to that position rather than being elected. This is not true. In order to become Vice President Obama would have to be elected to that position; however, the Constitution prohibits him from becoming Vice President since he is not qualified to be President. The language of the Constitution is plain and simple: Obama's gone.

The Twelfth Amendment does not say that no one who is ineligible to be ELECTED President can Be ELECTED as Vice President. It says no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President. There is a subtle, but important difference between what the Twelfth Amendment actually says, and what you are erroneously claiming that it says.

There is nothing in the Twelfth Amendment, the Twenty-Second Amendment, nor anywhere else in the Constitution that prohibits one who is not eligible to be elected President due to the Twenty-Second Amendment, but who is otherwise qualified, from being elected or appointed to any position in the line of succession to the Presidency (including the Vice-Presidency), and then becoming President should everyone ahead of him in that line be removed.

 

[jon_berzerk]

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

paul ryan would become president

--LOL

 

[BuckToothMoron]

Could Joe Biden pick Barack Obama as his running mate? Yes. But.

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.

More: Could Joe Biden pick Barack Obama as his running mate? Yes. But.

This sounds like a great idea to me! It's sinking in! The A-Team! What do you think?

Two question- exactly what color was the pill you took, and have you experienced hallucinations before?

 

[Bob Blaylock]

On a related note, there has been one President of this country who was never elected to either the position of President nor Vice-President. I am wondering who else here on this forum knows which President that was, and how he became President.

Ford and he was made vice President when Agnew was forced out and became President when Nixon resigned.

Yes, that's the correct answer.

As far as I know, Ford was also the only President to have been the target of two different assassination attempts, and his two wannabe assassins were, as far as I know, the only two women to have ever attempted to assassinate a President of the U.S.

 

[BuckToothMoron]

Legendary idea. It will ensure Drumpf has zero chance of reelection.

Obama's corruption will be exposed by the next election, before or while he is campaigning. He has a snowballs chance in Hell.

Whatever makes you feel less anxious.

I think by now you know an autistic rhesus monkey could beat Drumpf in the next election.

I presume then, that Hellary is beneath the aforementioned autistic primate. Sounds about right.

 

[gipper]

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.

VP has to become POTUS if something happens to Biden. Its against the constitution for Obama to do that since he served 8 years.

Thank the Lord!

I don’t understand lefties. They KNOW W sucked, but somehow adore BO. Yet, logically, there was little difference between how both men ruled.

The big difference was how the MSM treated both men. Logically now, we could conclude lefties are easily duped by the MSM.

Seems plausible to me.

 

[Lastamender]

So. David Duke likes him too.

Of course he does.

Do you know what else he does not do? He does not control who likes him or doesn't.
.

You're right. Farrakhan and Duke both chose to like him because they approve of the things he embodies. Nothing forced either of them to make that choice.

Are you really stupid enough to believe that?

They both praised Trump. What more do you need?

Obama got his start in politics with Bill Ayers, went to Reverend Wrights church, and was mentored by a communist. What else do you need?

 

[OKTexas]

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.

VP has to become POTUS if something happens to Biden. Its against the constitution for Obama to do that since he served 8 years.

As I said above - it's legally possible.

Could Joe Biden pick Barack Obama as his running mate? Yes. But.

No, it's not remotely legal. Do they have a fantasy forum, that's where this thread belongs.


.

 

[AsianTrumpSupporter]

 

[EvilCat Breath]

If Biden runs he will have Maxine Waters as VP.

 

[BULLDOG]

Of course he does.

Do you know what else he does not do? He does not control who likes him or doesn't.
.

You're right. Farrakhan and Duke both chose to like him because they approve of the things he embodies. Nothing forced either of them to make that choice.

Are you really stupid enough to believe that?

They both praised Trump. What more do you need?

Obama got his start in politics with Bill Ayers, went to Reverend Wrights church, and was mentored by a communist. What else do you need?

But Obama------But Obama----------But Obama--------When you are stuck, you can always say But Obama, and run for the hills.

 

[Trump The Mad King]

Could Joe Biden pick Barack Obama as his running mate? Yes. But.

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.

More: Could Joe Biden pick Barack Obama as his running mate? Yes. But.

This sounds like a great idea to me! It's sinking in! The A-Team! What do you think?

Absolutely love that idea! We need heroes now more than ever! I like Biden, but Obama is probably the closet thing to Abraham Lincoln that we will see during this century.

 

[Lakhota]

Could Joe Biden pick Barack Obama as his running mate? Yes. But.

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.

More: Could Joe Biden pick Barack Obama as his running mate? Yes. But.

This sounds like a great idea to me! It's sinking in! The A-Team! What do you think?

Absolutely love that idea! We need heroes now more than ever! I like Biden, but Obama probably the closet thing to Abraham Lincoln that we will see during this century.

I agree! Men of honor!