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.
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.
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.”