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SFnomad

(3,473 posts)
19. It's an untested legal question with differing opinions
Tue Jan 23, 2018, 07:28 PM
Jan 2018

The Twelfth Amendment states ....

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


Some believe that between the 22nd Amendment and the 12th Amendment a former 2 term President would not be eligible to be Vice President. And these people typically believe that person wouldn't be eligible anywhere from the line of succession (Speaker of the House, etc.)

Others believe that the 12th Amendment is about qualifications for service (meaning age, etc), not qualifications for election. They typically believe that person could become President from the VP position or anywhere from the line of succession.

The question won't be definitively answered until it goes to the Supreme Court.

Recommendations

0 members have recommended this reply (displayed in chronological order):

That's an interesting question. Vinca Jan 2018 #1
Or Michelle.....can she run of Pres? dixiegrrrrl Jan 2018 #4
of course michelle is constitutionally qualified. unblock Jan 2018 #7
No, the VP must be eligible to Pres, and he isn't marylandblue Jan 2018 #2
technically this is not correct. he is ineligible to be *elected* president a 3rd time unblock Jan 2018 #5
Yes, the Constitution says you cannot be ELECTED for a third term. Irish_Dem Jan 2018 #10
I agree. The intent is there but not the words. Lochloosa Jan 2018 #11
I agree with your interpretation. SweetieD Jan 2018 #20
This message was self-deleted by its author Sherman A1 Jan 2018 #3
see reply #5. unblock Jan 2018 #6
Even if that were true, he could still be V.P. JustABozoOnThisBus Jan 2018 #17
LOL! Do you seriously think he'd actually want to do it? The Velveteen Ocelot Jan 2018 #8
one can dream. dixiegrrrrl Jan 2018 #22
Anyway, whatevs, it's a sweet thought! fierywoman Jan 2018 #9
Michelle would kill him. And I don't think Obama believes in going backwards. Irish_Dem Jan 2018 #12
i don't think he would think of it as "going backwards" unblock Jan 2018 #14
Right now he is free. Being in office again means he is captive again. Irish_Dem Jan 2018 #16
again i say here IF IT'S THERE CHOICE i'd be for it bluestarone Jan 2018 #13
Asking for a friend 😊 Dream Girl Jan 2018 #15
No he cannot. PoindexterOglethorpe Jan 2018 #18
It's an untested legal question with differing opinions SFnomad Jan 2018 #19
No, but a former VP can run for President meow2u3 Jan 2018 #21
Latest Discussions»General Discussion»Legal question: Can a for...»Reply #19