While out and about, this came to mind -- except I'm not sure whether it's legal

[diva77]

What if Feinstein retired
Newsom appointed Kamala to be CA Senator
Biden appointed Obama to be his VP.

Wouldn't that solve everything?

[Karadeniz]

1. Obama in office again would coalesce the people currently losing interest in Trump and the GOP.

[diva77]

5. not sure I understand your statement

[Karadeniz]

16. Obama would drive on the fence haters into a shark frenzy, like before.

[dweller]

2. Who is 3rd in line for President?

🤔


✌🏻

[Bernardo de La Paz]

12. Somebody after McCarthy. Biden is not in line, he is President

1st: VP: Harris

2nd: Speaker of House: McCarthy

The order of succession specifies that the office passes to the vice president; if the vice presidency is simultaneously vacant, or if the vice president is also incapacitated, the powers and duties of the presidency pass to the speaker of the House of Representatives, president pro tempore of the Senate, and then Cabinet secretaries, depending on eligibility.

Given this point, I sense an impending error you might be able to avoid: If Biden goes, Harris succeeds and appoints a VP. If Harris goes, Biden appoints a new VP.

Speaker does NOT ascend, unless both President and VP are wiped out or there is no VP in place. I'm not sure what happens if a VP has been nominated but not yet approved by Senate.

[Polybius]

18. A new VP would never be aprroved

The House would have to vote Yes too. Happened with Ford after Agnew resigned.

[Bernardo de La Paz]

21. Makes me think it should be changed because conflict of interest for Speaker to block approval. nt

[Polybius]

24. Maybe, but don't forget that the Senate Pro Tempore is also in line

It would require a constitutional amendment to change.

[Bernardo de La Paz]

26. Sure, but I meant changing the approval process to cut out House so Speaker doesn't slip in

Yes, technically Senate pres-pro-tem is in line, so also technically a conflict of interest, but if there is a, say, 15% chance there might be a succession of each, that multiplies. So 0.15 chance VP ascends, 0.15 x 0.15 = 0.0225 (2%) that VP is vacant and Speaker ascends and 0.15 x 0.15 x 0.15 = 0.003375 that Senator ascends (0.3%, maybe once in 300 Presidents).

[Polybius]

28. I see what you're saying

Also the Senate Pro Tempore doesn't have nearly the amount of power that the House Speaker has. He or she can single-handedly hold up anything that goes before the House.

I've always wondered why the Senate Majority Leader wasn't in line.

[MutantAndProud]

3. Huh. Curious.

There’s nothing forbidding it…

If he, for some reason, had to step up via succession that also negates the term limits on being *elected*

[Polybius]

19. I beg to differ

Reason being: He's ineligible to be VP. The 12th Amendment dictates that a vice president can not be selected if they are not eligible for president.

[MutantAndProud]

23. This is a debate I am not qualified to have

But I will take the party’s experts’ word on this one given the potential high profile nature

[Polybius]

25. Look at it like this:

A Secretary of State is 4th in line to be President. However, Henry Kissinger and Madeleine Albright would have been skipped if they had to ascend because they weren't born in the US. So there was no way for them to become President, even if it had been their turn and the others in front of them all resigned.

Only way Obama can become President again is if we repeal the 22nd Amendment.

[MutantAndProud]

29. Oh I fully understand that aspect

It’s the conflict about the term limits that’s in question. FDR did override that but congress then limited it afterwards since they claimed the extenuating circumstances of WW2 justified it.

Personally, I believe we are at such a moment domestically and globally. It is up to leadership to determine how to proceed, however, and if they want to cycle in previous candidates with that kind of question in mind vs field a new one.

Obama *does* have an excellent track record and got us through the wreckage of the Bush phase. Whether or not it’s a good plan… I just don’t know. The white supremacists certainly came out of the woodwork once he won… pros and cons to that and their obviousness which is far from hooded any longer. He has to right to decline as well… it’s not exactly a low-threat situation.

[Polybius]

31. During FDR there were no term limits

But yes, Congress passed the 22nd shortly after. Republicans never wanted another 4 termer because they hated FDR. Democrats went along with it for some odd reason. Obama was great, he should still be President. He would have easily beaten Trump in 2016, and probably whomever the Republicans ran in 2020.

[MutantAndProud]

35. My wording there is messy but yes

That’s generally what I was indicating

The Democrats of that time were not something I understand fully, just like the ones in the Watergate era. Perhaps it was seen as a way to prevent another uprising and was sensible at the time… but then, he also died and Truman took his place so it wasn’t like he was able to continue from the grave (unfortunately).

All of the culture back then was different too. They still didn’t accept the gay/non-straight POWs and there were the lavender scares and purges after. The civil rights movement and desegregation had not occurred.

[rsdsharp]

4. It wouldn't work.

25th Amendment. Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

You think the Republican House would confirm Obama? Not to mention, why would Harris want to be a Senator again?

[diva77]

10. if Obama were in a position to appoint a VP

he could appoint Kamala.

It hurt us so much wishing RBG would hang on until Dump was out. It's all painful to think about -- but why pretend there's nothing to think about?

Too bad rethuglicans control the house

[diva77]

14. Jerry Brown went from being gov. of CA to being mayor of Oakland. I don't see a problem with that.

He's a talented public servant and had something to offer at different levels of government.

[rsdsharp]

15. He became Mayor 16 years after he left the Governor's office the first time.

He didn’t leave the Governor’s office — while still serving — to become mayor. Harris sees herself re-elected as VP, and then, while in that office, the front runner for the 2028 Democratic nomination for President.

[Polybius]

20. There's good reason not to confirm Obama

He's ineligible. The 12th Amendment dictates that a vice president can not be selected if they are not eligible for president.

[rsdsharp]

33. He's ineligible to be elected to the Presidency again.

The 12th Amendment is silent as to whether he could be appointed. At the time the 12th Amendment was ratified, obviously neither the 22nd or the 25th Amendment existed. The only qualifications for the Presidency were found in Article II — natural born citizen, at least 35, and a resident within the United States for 14 years.

[Polybius]

38. The 12th Amendment doesn't only work with the ones before it, but the ones after it too

He can't be Vice President. How can he be President if he can't be VP again? If he's House Speaker and both the Prez and VP resign?

[rsdsharp]

39. The only basis for your argument is the 22nd Amendment, which only references elections.

The drafters of the 25th Amendment knew of the prohibition against elections when they drafted the provision appointing a Vice President. They could have referenced the 12th and 22nd Amendment. They didn’t.

For that matter, the drafters of the 22nd could have made clear that they intended its provisions to be an additional qualification under Article II. They didn’t.

[Polybius]

40. The qualifications for VP are the same as President though

I feel that the Supreme Court would rule on this, but the whole thing is a fantasy anyway and would never happen.

[TreasonousBastard]

6. Veep to Senator is possible but unlikely. Obama as Veep is out...

of the question. If Biden doesn't complete next term, there are limits on Presidential years. The 12th and 22nd amendments are in some conflict about this, but most experts seem to just hope it never happens.

[keithbvadu2]

7. Bad idea. It could complicate the idea of who is really in charge.

Even the perception of it would be divisive.

Obama is more valuable as an informal, roving ambassador.

[Bernardo de La Paz]

8. That's the RW idea of a crazed Democratic plan (all expect Biden to resign before 2024)

Your particular scenario (Obama as VP) just flat plain not going to happen.

Anyway, it's unnecessary, regardless of what happens to Feinstein.

If Feinstein exits office, Newsom will just appoint somebody, and not Kamala Harris. She has bigger fish to fry and has "been there, done that".

[Demsrule86]

9. What are you thinking?

That is just ridiculous.Kamala is fine. And pres.Obama served two terms.

[elleng]

11. Barack Obama is largely what caused 'them' to lose their minds.

[Chainfire]

13. Obama has done his duty the the nation.

[Shipwack]

17. It won't solve a one (at least) major issue...

The Republicans will not allow any Democrat to replace Feinstein on the Judiciary Committee. Period.

Not if she retires.

Not if she dies.

They have already said they will oppose her replacement in order to keep Biden's "radical left wing" judges out of the Judiciary.

[Captain Zero]

22. Yours is a solution without a problem.

I'm not sure what you think it solves?

[MichMan]

27. Why would Kamala want to go back to being in the Senate?

[brooklynite]

30. Um, WHAT would it "solve"?

Obama cannot become President again.

[MichMan]

32. What? Biden is running for re election

Someone should tell him 🙄

Did you mean Obama?

[brooklynite]

34. corrected

[onenote]

36. We're you bar hopping

Because this seems like an alcohol-inspired proposal.

[Ferrets are Cool]

37. What needs to be solved? We have a wonderful VP right now.