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Barack Obama is not Constitutionally-eligible to be the Vice President, according to the 22nd and 12th amendments⸻So lets put the Barry VP theory to rest.
posted ago by nothingberg ago by nothingberg +67 / -0

Brave AI answer

Can a president who served 2 terms serve as vp?

Based on the 12th Amendment to the United States Constitution, a person who is constitutionally ineligible to serve as President is also ineligible to serve as Vice President. The 22nd Amendment, which limits a President to two terms, only restricts an individual’s ability to be elected to the office of President again. It does not explicitly address the Vice Presidency.

Interpretations and Analysis

Some argue that the 22nd Amendment and 12th Amendment collectively bar any two-term President from later serving as Vice President, as well as succeeding to the presidency from any point in the presidential line of succession. Others contend that the original intent of the 12th Amendment concerns qualification for service (age, residence, and citizenship), while the 22nd Amendment concerns qualifications for election, and thus a former two-term President is still eligible to serve as Vice President.

Practical Implications

In practice, a former two-term President would not be barred from serving as Vice President. There is no constitutional or statutory provision prohibiting such a person from holding the office. However, it’s worth noting that the practical applicability of this distinction has not been tested, as no person has been elected President and then Vice President in that order, regardless of terms served.

Conclusion

In summary, based on the current understanding of the 12th and 22nd Amendments, a President who served two terms is not constitutionally ineligible to serve as Vice President. While there may be differing interpretations, the lack of explicit prohibition in the Constitution and the absence of a statutory ban suggest that a former two-term President could, in theory, be elected or appointed to the office of Vice President.

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