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Mon Jul 30, 2018, 10:41 PM

How about a Biden-Obama ticket? It can be done

The 22nd Amendment states: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.

We always hear that Biden is too old. If God forbid Joe doesn't make it through a first or second term Barack can legally take over. Obama just can't run for President.

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Arrow 49 replies Author Time Post
Reply How about a Biden-Obama ticket? It can be done (Original post)
Power 2 the People Jul 2018 OP
Glamrock Jul 2018 #1
still_one Jul 2018 #2
sheshe2 Jul 2018 #32
CaliforniaPeggy Jul 2018 #3
forgotmylogin Jul 2018 #36
InAbLuEsTaTe Jul 2018 #37
still_one Jul 2018 #38
Quixote1818 Jul 2018 #4
jaysunb Jul 2018 #5
EffieBlack Jul 2018 #8
CatWoman Jul 2018 #10
MrsCoffee Jul 2018 #6
regnaD kciN Jul 2018 #24
Freddie Jul 2018 #7
Post removed Jul 2018 #9
BannonsLiver Jul 2018 #30
grantcart Jul 2018 #11
manor321 Jul 2018 #12
Crabby Appleton Jul 2018 #13
dawg day Jul 2018 #14
elleng Jul 2018 #15
Power 2 the People Jul 2018 #19
regnaD kciN Jul 2018 #22
Power 2 the People Jul 2018 #25
JI7 Jul 2018 #16
left-of-center2012 Jul 2018 #17
Heartstrings Jul 2018 #18
Honeycombe8 Jul 2018 #20
Power 2 the People Jul 2018 #21
bullwinkle428 Jul 2018 #23
Cracklin Charlie Jul 2018 #26
workinclasszero Jul 2018 #29
madamesilverspurs Jul 2018 #27
BannonsLiver Jul 2018 #28
jberryhill Jul 2018 #31
SomethingNew Jul 2018 #35
braddy Jul 2018 #33
PoindexterOglethorpe Jul 2018 #34
shanny Jul 2018 #39
Totally Tunsie Jul 2018 #40
Scruffy1 Jul 2018 #41
Tarheel_Dem Jul 2018 #42
Vinca Jul 2018 #43
lindysalsagal Jul 2018 #44
Orsino Jul 2018 #45
DrDan Jul 2018 #46
sl8 Jul 2018 #47
sl8 Jul 2018 #48
Gothmog Jul 2018 #49

Response to Power 2 the People (Original post)

Mon Jul 30, 2018, 10:44 PM

1. I.AM.SO.DOWN.WITH.THIS!



I'm nominating you for a Nobel!

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Response to Power 2 the People (Original post)

Mon Jul 30, 2018, 10:46 PM

2. I am so for it for so many reasons, but it won't happen

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Response to still_one (Reply #2)

Mon Jul 30, 2018, 11:55 PM

32. What a hoot.

Heads would spin and I would LMFAO if Obama got a third term.

Yeah, I know, will never happen. However a girl can dream.

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Response to Power 2 the People (Original post)

Mon Jul 30, 2018, 10:46 PM

3. That's interesting. I hadn't read the second part of that amendment before.

I'm not sure it says what you think it does, but I'm open to hearing statements that would prove it.

IF it's true, then I would have no problem agreeing with you.

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Response to CaliforniaPeggy (Reply #3)

Tue Jul 31, 2018, 12:58 AM

36. The VP must be eligible to take the office of President.

Unfortunately, Obama is termed out.

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Response to forgotmylogin (Reply #36)

Tue Jul 31, 2018, 01:08 AM

37. Yup, the VP must qualify as President... BUT, there's another Obama who's available...

why not Michelle?

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Response to CaliforniaPeggy (Reply #3)

Tue Jul 31, 2018, 01:31 AM

38. Legally I believe it is fine, I just don't think President Obama would do it

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Response to Power 2 the People (Original post)

Mon Jul 30, 2018, 10:48 PM

4. Love it! nt

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Response to Power 2 the People (Original post)

Mon Jul 30, 2018, 10:49 PM

5. How about we win both Chambers of Congress in Nov ? n/t

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Response to jaysunb (Reply #5)

Mon Jul 30, 2018, 10:56 PM

8. IKR?

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Response to jaysunb (Reply #5)

Mon Jul 30, 2018, 11:00 PM

10. thank you

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Response to Power 2 the People (Original post)

Mon Jul 30, 2018, 10:51 PM

6. Pretty sure you have to be constitutionally eligible for the Presidency to be VP.

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Response to MrsCoffee (Reply #6)

Mon Jul 30, 2018, 11:37 PM

24. Exactly...

As much as we might like to see it, this scenario can’t happen. If that ticket ran, and was victorious, Biden's election would be certified, but he'd have to have another V.P., who would be chosen by the incoming Senate (and who, thus, might be a Republican).

Joe and Michelle, of course, wouldn’t have any such problem...

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Response to Power 2 the People (Original post)

Mon Jul 30, 2018, 10:55 PM

7. Love them both but how about someone NEW

And (relatively) young please. Dems tend to win with a younger candidate such as JFK, PBO, Bill Clinton in 92. Our opposition will be 74 by then.

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Response to Power 2 the People (Original post)


Response to Post removed (Reply #9)

Mon Jul 30, 2018, 11:50 PM

30. Hmm

I’d need to know more about how Biden actually treats women to make such a sure determination. one congressional hearing 30 years ago just doesn’t quite get me there. What’s he like in private? How does he treat his wife, and other women in his life. Silly stuff like that.

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Response to Power 2 the People (Original post)

Mon Jul 30, 2018, 11:04 PM

11. Ironically this is what Putin did to get around the prohibition to follow yourself.

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Response to Power 2 the People (Original post)

Mon Jul 30, 2018, 11:05 PM

12. Doubt this loophole would pass Supreme Court

 

I think the Supreme Court would not allow this, in light of the 12th amendment:

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

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Response to Power 2 the People (Original post)

Mon Jul 30, 2018, 11:07 PM

13. Check out the 12th amendment. Nt

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Response to Power 2 the People (Original post)

Mon Jul 30, 2018, 11:08 PM

14. I don't think anyone can run for Veep who isn't eligible to be president

And Obama, along with Bush the younger (not the elder) and Bill Clinton, are all ineligible to be president as they have completed two terms as president.

Biden can indeed run for president. Nixon and Bush the elder both became president after serving two terms as VEEP.

But much as I would like to see Mr. Obama back in the People's House, well, we might have to have him there as First Gentleman. Or First Dad.

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Response to Power 2 the People (Original post)

Mon Jul 30, 2018, 11:08 PM

15. Been discussed:

Could Joe Biden pick Barack Obama as his running mate? Yes. But.
August 6, 2015

https://www.democraticunderground.com/1016211214

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Response to elleng (Reply #15)

Mon Jul 30, 2018, 11:16 PM

19. Yes. I agree with the logic in the article.

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.

After Kennedy was assassinated Johnson was eligible to run in 1964 and 1968. He would have been president for 9 years.

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Response to Power 2 the People (Reply #19)

Mon Jul 30, 2018, 11:33 PM

22. But LBJ hadn't served as President before...

...that passage of the Amendment only applies to cases such as LBJ/JFK. If you assume the office on the death of your predecessor, a V.P. can run twice on your own, UNLESS you have served more than half of your predecessor's term, in which case, you can only serve once.

However, to have your election as V.P. certified, you have to be eligible to serve as president in the event your running mate dies or becomes disabled. And, having served two terms as president already, Obama would NOT be eligible.

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Response to regnaD kciN (Reply #22)

Mon Jul 30, 2018, 11:41 PM

25. It depends on the interpretation of the Amendment

From WP article:

"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."

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Response to Power 2 the People (Original post)

Mon Jul 30, 2018, 11:13 PM

16. Obama would never do it

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Response to Power 2 the People (Original post)

Mon Jul 30, 2018, 11:14 PM

17. Michelle would not allow it n/t

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Response to Power 2 the People (Original post)

Mon Jul 30, 2018, 11:15 PM

18. Midterms first, please........



GOTV!!!!!!

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Response to Power 2 the People (Original post)

Mon Jul 30, 2018, 11:16 PM

20. "Nothing can bring back the hour...Of splendour in the grass" Wordsworth nt

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Response to Power 2 the People (Original post)

Mon Jul 30, 2018, 11:20 PM

21. Barack is very loyal to Biden.

He knew Biden gave up his presidential ambitions to help him. I think he would consider returning the favor to stick it to Trump.

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Response to Power 2 the People (Original post)

Mon Jul 30, 2018, 11:34 PM

23. With all due respect, this is basically just fan fiction for Democrats.

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Response to Power 2 the People (Original post)

Mon Jul 30, 2018, 11:44 PM

26. How about an Obama/Biden ticket?

Michelle/Jill

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Response to Cracklin Charlie (Reply #26)

Mon Jul 30, 2018, 11:50 PM

29. Nice!

 

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Response to Power 2 the People (Original post)

Mon Jul 30, 2018, 11:44 PM

27. Can't happen, but

let's suggest it, anyway. Then stand back and watch the aneurysms happen on the other side of the aisle.


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Response to Power 2 the People (Original post)

Mon Jul 30, 2018, 11:48 PM

28. I cringe at posts like this

They bring the Biden haters here out of the woodwork. We’ve got one poster here calling Biden an asshole, and yet it’s somehow allowed.

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Response to Power 2 the People (Original post)

Mon Jul 30, 2018, 11:55 PM

31. No, it can't be done

 

12th Amendment

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

You are simply incorrect.

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Response to jberryhill (Reply #31)

Tue Jul 31, 2018, 12:50 AM

35. Our laws have their fair share of loopholes, but none that big.

Get around the pesky two term thing by just getting elected VP and having the president step down immediately. That would be even slicker than the whole Putin/Medvedev trick.

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Response to Power 2 the People (Original post)

Tue Jul 31, 2018, 12:20 AM

33. Hillary and Michelle

 

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Response to Power 2 the People (Original post)

Tue Jul 31, 2018, 12:49 AM

34. Sigh. This has been suggested more than once.

Sometimes with Bill Clinton as the VP candidate.

But please reread the part that says no one can be a VP who cannot Constitutionally become President.

Plus, while Obama is a lot younger than lots of proposed candidates, Biden is TOO FUCKING OLD. He is already 75. I'm a sure he is a nice person and a truly wonderful human being, but please, it's long past time to look to the younger generations.

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Response to Power 2 the People (Original post)

Tue Jul 31, 2018, 02:08 AM

39. No, it can't

 

and no, bad idea.

12th Amendment (ratified in 1804 to fix some unexpected issues with the originally specified methods for selecting the President and Vice-President) states that “no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.”

also too: we need to look forward, not back

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Response to Power 2 the People (Original post)

Tue Jul 31, 2018, 02:51 AM

40. I was half of the lengthy debate in this thread previously:

[link:https://www.democraticunderground.com/1016211214|

and still contend that Obama is ineligible to be VP because he has already served two terms as President and would be unable to assume another's presidency for more than two years (730 days). There is a 10 year maximum that one can serve as president. My debater refused to accept that regulation.

A 10-year presidency can be served only if one ascends to the presidency with less than 2 years to serve and then is elected to two terms of presidency thereafter. It does not work in the reverse.

I could have used all you like thinkers back when originally discussing this!

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Response to Power 2 the People (Original post)

Tue Jul 31, 2018, 02:54 AM

41. I think it's dumb.

Hell, you have to blackmail some one to take the useless job of VP.

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Response to Power 2 the People (Original post)

Tue Jul 31, 2018, 06:23 AM

42. Why would PBO put himself through that again? He had enemies on the left & right.

Some "allies" even called for him to be primaried in 2012. And let's not even talk about how "we" let him down in the 2010 & 2014 midterms. There's no way in hell he'd go through all that again.

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Response to Power 2 the People (Original post)

Tue Jul 31, 2018, 06:30 AM

43. No. As much as I love Obama, he deserves to keep his life.

In any case, we've got to cultivate a new generation. It's their time and we've got some very impressive people.

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Response to Power 2 the People (Original post)

Tue Jul 31, 2018, 06:56 AM

44. Michelle's not having it. Let it go.

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Response to Power 2 the People (Original post)

Tue Jul 31, 2018, 08:21 AM

45. Nostalgia is for losers.

These would undoubtedly be capable candidates, but we don't need to look backwards.

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Response to Power 2 the People (Original post)

Tue Jul 31, 2018, 08:46 AM

46. why would Obama do this? I don't hink he would want to put his family through this again.

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Response to Power 2 the People (Original post)

Tue Jul 31, 2018, 08:53 AM

47. Why the Constitution permits a Gore-Clinton ticket - August 1, 2000

From , http://www.cnn.com/2000/LAW/08/columns/fl.dorf.goreclinton.08.01/
Why the Constitution permits a Gore-Clinton ticket

August 2, 2000
By Michael C. Dorf
(vice dean and professor of law at Columbia University, where he teaches civil procedure and constitutional law. He is the co-author, with Laurence H. Tribe, of the book "On Reading the Constitution." Michael C. Dorf is also a FindLaw contributor.)

...
Prognostication aside, the prospect of a Gore-Clinton ticket raises an interesting constitutional question: Can a man who has been president for eight years be elected and serve as vice-president?

Language of the 22nd Amendment
Tremulous Republicans and other naysayers will no doubt claim that the 22nd Amendment would bar a Clinton vice-presidency. This amendment, enacted after FDR was elected president for the fourth time, imposes a two-term limit on presidential candidates
...
But these naysayers would be wrong. The Constitution permits Clinton to be elected vice-president, and if necessary to ascend for a third time to the presidency as careful attention to the language of the 12th and 22nd Amendments shows.

The 12th Amendment would allow a Clinton vice-presidency. Its language only bars from the vice-presidency those persons who are "ineligible to the office" of President. Clinton is not ineligible to the office of president, however. He is only disqualified (by the 22nd Amendment) from being elected to that office.
...



More at link.

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Response to Power 2 the People (Original post)

Tue Jul 31, 2018, 09:06 AM

48. "The Twice and Future President Revisited: Of Three-Term Presidents and Constitutional End Runs"

From Minnesota Law Review (pdf): http://www.minnesotalawreview.org/wp-content/uploads/2016/11/Peabody-2.pdf

The Twice and Future President Revisited: Of Three-Term Presidents and Constitutional End Runs

Bruce G. Peabody

...

Hillary Clinton and Jake Tapper’s respective conclusions
that neither Bill Clinton nor Barack Obama were
constitutionally permitted to serve again in the office of the
President is shared by many pundits and scholars.6
The primary legal basis for this judgment is found in the U.S.
Constitution’s Twenty-Second Amendment, which stipulates
that “[n]o person shall be elected to the office of the President
more than twice.”7

But this position is not obviously correct. In 1999, when
President Bill Clinton’s second term was drawing to a close, the
Minnesota Law Review published “The Twice and Future
President: Constitutional Interstices and the Twenty-Second
Amendment.”8

In that article, I anticipated the possibility of twice-elected
Presidents serving as Vice President or filling
other roles that might allow them to serve again in the office of
President.9 I concluded that these scenarios were neither
constitutionally prohibited nor politically fanciful.

...

In the case of President Obama, these issues are arguably
even more pertinent since he is fifteen years younger than Bill
Clinton while remaining popular in his party. Although
President Obama has said he wouldn’t run for a third term
even if he could,12 questions about his continuing public service
and potential role in subsequent administrations will surely
surface in the years ahead.13

...



More at link.

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Response to Power 2 the People (Original post)

Tue Jul 31, 2018, 10:38 AM

49. K&R

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