Law Professor Suggests Replacing Kamala Harris With Barack Obama as Biden's 2024 Running Mate | The Gateway Pundit | by Mike LaC...
As the left scrambles to figure out what to do with Joe Biden now that his mental decline has been exposed, one law professor from George Washington University is claiming he has a perfect fix.
Can Obama even legally be vice president? He's already served two terms as president, so we wouldn't be able to replace the president if needed without violating term limits.
No, not legally. The 12th amendment is clear. Skip to the last sentence.
Amendment 12 Choosing the President, Vice-President. The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;
The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;
The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.
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.
[Ratified 6/15/1804]
Obama wasn’t eligible to be Potus last time either.
Whether factually true or not, this isn't relevant.
The fact that he was potus means that (until proven conclusively on the public stage that he wasn't eligible) it has no bearing on his eligibility in terms of the dems putting him on the ticket and him being accepted by the FEC.
On the larger scale of things, of course its a critical point, but in terms of whether the Dems can get away with putting him on the ticket or not, it has no real bearing.
12th Amendment
Foebama is constitutionally ineligible to the office of President, because he already served two full terms (laying aside all the other reasons as moot).
This one is not ambiguous or complicated, interesting or tricky.