Posted on 05/02/2020 7:33:52 PM PDT by Helicondelta
Desperate times do indeed call for desperate measures. For the Democrats, a truly desperate time could come if Joe Biden is forced to withdraw from the presidential race. While the former vice president is the presumptive Democratic nominee to face off against President Trump in November, his nomination is still far from official.
Some Democrats tell me they fear that Biden’s political survival is getting more problematic with each passing day. They cite three main issues. The first is their concern that an allegation of sexual assault leveled against Biden by former staffer Tara Reade won’t go away anytime soon. If anything, it appears to be about to gain a new life.
Next, they worry that another shoe could drop regarding questions related to Biden’s son Hunter and his business dealings. Lastly, some Democrats are concerned about Biden’s age and possible cognitive issues — a concern that some also have expressed about Trump.
For those reasons, and a few more, might we envision Biden being privately talked into retiring from the race or voluntarily doing so himself? Let’s assume that happens just before or just after the party’s convention, in whatever form it is held. What would happen then?
The process is actually fairly straightforward. If Biden quits the race right before the convention, delegates would select a new nominee. If he drops out right after the convention, members of the Democratic National Committee would pick their replacement candidate.
Who might be in consideration to become the new nominee — and who would be selected as the vice presidential running mate?
(Excerpt) Read more at thehill.com ...
Nope.
Read the 12th amendment. It doesn't say "elected," it says "eligible."
But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
Either by election or by appointment and succession (like Ford), Obama cannot run for nor hold either office due to ineligibility.
-PJ
Obama is not eligible to be VEEP because he is no longer eligible to be POTUS. I’d think the people at The Hill would know that.
One of the requirements of the Veep is to take over as president. Obama is ineligible to be president having already been president twice.
Therefore, he is not eligible to be Veep.
The Mooochelle will be selected as VP candidate.
Clinton/Obama
As in HilLiary/Jug Ears
or
HilLiary / MooChelle
But Obama is NOT “Constitutionally ineligible to the office of President” (dismissing for the sake of this discussion only his NBC status).
He is 35 years old. He has resided in the US for the past 14 years. And he was accepted as NBC by both major parties and the Chief Justice of the United States in 2009.
The XX Amendment says NOTHING about eligibility to the office. It says he can’t be ELECTED to the office of President. It says it twice. It does not mention the Vice Presidency - at all.
It would have been simple to draft an amendment that said, “Amendment XII is henceforth modified as follows: No person having served more than 731 days in the office of President shall be further eligible to the office, following the completion of his most recent term of service”.
But that’s not what Congress did, and that’s not what the states ratified.
For clarity, Obama is ineligible to be elected VP because of the last line of the 12th Amendment which states:
“But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.”
And it is the 22nd Amendment that makes him constitutionally ineligible to be elected to the Presidency.
It should be noted that the 22nd places a prohibition on “being elected” President, not on serving as President. The House could elect him as Speaker of the House and have him become President if the office of VP is arranged to be vacant when Biden resigns as President.
Yup, obama can run things in Biden’s name and who can prove otherwise?
God help us.
You may want to look at the 12th.
Barack can’t be on the ticket. Constitution only allows someone to be president for a max of 10 years. Of course if the dems won and it was 2 years into a term he could finish out the term.
The purpose of the amendment was to prevent any person from serving more than 2 terms as president. That is the clear and explicit purpose of the amendment. Thus parsing words is useless.
Obama is ineligible to be president in any form because he has served 2 terms. Therefore, he is ineligible to be Veep.
I have little doubt the SC would see it that way.
Proof positive that any idiot can get a column on some site or another.
See my post 86, I cover the XII Amendment issue.
The fact that a man cannot be "elected" to the office does not make him "ineligible", there are a number of ways to become President without being elected, Lyndon Johnson was not elected on November 22, 1963 (for example).
And, since Presidential elections are not mentioned in the Constitution and are unnecessary for the State Legislatures to perform their core function of appointing the Electoral College, it's not even clear who or what are burdened by the XXII Amendment.
Is it voters? Is it State election commissioners? Is it State Legislatures? Is it the Electoral College? Is it the House of Representatives, in a case where they must choose the President? Is it the Special Joint Session of Congress where electoral votes are counted?
The XXII Amendment could have and should have repealed and replaced the XII Amendment, adding prior service to the "qualifications to the office" section - but it didn't.
And as a practical matter - if 270 Electors for Vice President of the United States send ballots naming Barack Obama to the Secretary of State of the United States on December 15, 2020, and if those ballots are opened and counted by the Special Joint Session on January 4, 2021, do you doubt for a second that he will be sworn in as Vice President on January 20, 2021?
Hillary Clinton/Barack Obama Ticket To Replace Joe Biden?
That cannot happen because of the 12th. Obama is not eligible to run as either president or vice president.
Can someone appoint him as VP (subject to approval by congress) if the elected VP should resign or die? Yes.
But even so, he cannot stand for election for VP when the president who appointed him VP wants to run for reelection.
A lot of these amendments have not really been challenged in court as far as I know.
As I recall, Theodore run for president again in 1912, after serving 3 years of McKinley's presidency then winning in 1904 to serve another 4 years, making 7 years altogether, then taking 4 years off to do other stuff like hunting in Africa. But then that was long before the 22nd which became law in 1951 if I recall correctly.
But who's name is going to be on the VP slot for the elections? If they put Obama’s name on the ticket, The Supremes will vote it down.
Only way I can see it is if they put a stooge as VP, who then resigns after being elected and Obama is then nominated by The President.
He can't be elected vice-president but he can be appointed to it? By that logic then someone who is 25 years old can't be elected vice-president but could be appointed vice-president.
this thread reminds me of Al Haig:
“Constitutionally, gentlemen, you have the president, the vice president, and the secretary of state in that order, and should the president decide he wants to transfer the helm to the vice president, he will do so. He has not done that. As of now, I am in control here, in the White House, pending return of the vice president and in close touch with him. If something came up, I would check with him, of course.”
What is "running"? The Constitution doesn't say anything about "running".
It comes down to how the 22nd and the 12th are worded.
If anything like that should happen, it’s going to end up at the US Supreme Court. They can decide.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.