Posted on 07/07/2024 1:36:25 PM PDT by Signalman
Joe Biden appears to be in a free fall in the polls, yet he appears unwilling to drop out of the presidential race. His campaign, the White House, and the Democratic Party are all in chaos. If Biden won't leave, what is the party to do? If "Plan B" is replacing Biden and he won't go, a left-wing scholar is advocating a "Plan C" to save the president's floundering campaign.
Supporters of this plan suggest a straightforward strategy to counter Trump’s growing campaign momentum: replace Vice President Kamala Harris with former President Barack Obama.
“A Biden-Obama ticket would have a much better chance of beating Trump,” explained John Banzhaf, a professor at George Washington University Law School.
“Barack Obama is likely one of the few individuals whom a majority of Americans would want and trust as president," he claimed, without evidence. "Making Plan C possibly the least objectionable of several unappealing options now available to Biden and the Democratic Party."
Banzhaf argues that none of the alternatives to Biden appear to be in any better position to win the presidency, and even if they were, the money raised by the Biden-Harris campaign can't simply be transferred to another campaign.
You're probably thinking, "But what about the 22nd Amendment?"
Banzhaf argues that the 22nd Amendment, often cited as a barrier to Barack Obama serving as president again, doesn't actually prevent him from becoming vice president and then succeeding to the presidency.
The 22nd Amendment:
"No person shall be elected to the office of the president more than twice, and no person who has held the office of the 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 the president more than once."
(Excerpt) Read more at pjmedia.com ...
They have no one new just old TRASH
They would argue that while Obama would constitutionally ineligible to be elected president, nothing in either amendment makes him ineligible to serve as president. Based simply on the text of the amendments, they would have an argument, and it would be up to SCOTUS to settle. They might decide it is a political question and if the people vote for it to allow it. It is not as cut and dried as you might think.
Michelle Obama would be eligible...but they would have to get a majority in both the House and the Senate to approve the nomination. Probably not a problem in the Senate but the Republicans have a majority in the House.
As ignorant as 99% of civics as Americans are, I doubt even the dumbest ones will allow this.
The left will say that the qualifications under the 12th amendment are simply “be a natural-born citizen, at least thirty-five years of age, and a resident of the United States for at least fourteen years”.
I think it’s most likely that SCOTUS would see pushing Obama into the VP slot as a blatant attempt to circumvent the 22nd Amendment. Even a strict textualist like the late Justice Scalia would have seen through it. Still, I would expect a 6-3 or possibly 5-4 ruling.
The Constitution mandates no more than two terms or ten years.
Of course, that may be racism if anyone wants to take that mandate literally.
“...since the laws and constitution are silent on the specific issue of a twice elected president running for VP...”
No, it is not silent when it specifies two terms or no more than ten years. Being a vice-president can not shoe horn more than the ten years into the intrepretation of the law.
It doesn’t violate the letter of the 22nd, so it would be up to the American people to decide - and Trump would win in a landslide. The American people would see right through the Putin-level backdoor around the 22nd Amendment, the election wouldn’t even be close.
true
“I don’t think SCOTUS would allow that.”
Potential Biden response: “How many F-16’s does the Supreme Court have?”
Did he get it from snoggling with Jill?
Literally nothing more than a jagoff blog post, by some attention whore named John Be-toff who barely knew how to post it to Twotter and PRLog, which is where dumb shit goes to die.
This guy is a law professor? Ha, ha, ha, ha, ha!
He should be fired as a complete incompetent, since no person can be elected to be a vice president under the 12th amendment, if they cannot also be elected to be president.
Unfortunately you are wrong. Half the country would cheer it and see it as their side “winning!”
These are the people who are warning us about the dangers to democracy. They just want to ignore the Constitution.
Remember, these days being an esteemed professor makes one more, rather than less, likely to be a drooling idiot
Not allowed under constitution
Hes not eligible because he can’t be president again.
Yep
People need to quit coming up with these absurd scenarios of what they think it’s going to happen or whatever they think it’s possible. Most of it is not logical and it’s not going to happen under any circumstances and Obama is not gonna be on the ticket as vice president. Why would he take such a position after being president?
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