Can a Former Two Term President be Vice President? (user search)
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  Can a Former Two Term President be Vice President? (search mode)
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Author Topic: Can a Former Two Term President be Vice President?  (Read 2360 times)
TarHeelDem
Jr. Member
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Posts: 1,448
United States


« on: November 14, 2019, 02:17:40 AM »

Maybe.

The 12th Amendment says that "no person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the United States," & the 22nd says that you can only be elected to the presidency twice (& if you succeed to the presidency & serve for more than half of one term, then that counts as one of your terms), so the question would come down to the Supreme Court deciding whether "constitutionally ineligible to the office" includes a prohibition on being "elected to the office more than twice."

A very strict reading of the Constitution would allow it, because the 22nd Amendment only says that a person can't be elected President more than twice, without saying anything about whether or not a person can serve more than twice.

So, if the Supreme Court were to take into account the words exactly as they're written, then the answer to your question is yes. If they take the clear intent of the 22nd Amendment into account, then the answer is probably not.

I mostly agree with this. But an important point you didn't touch on - isn't there legal prevention of a president serving longer than 10 years? Let's say a Biden/Obama ticket won in 2020. If Biden died and Obama took over as POTUS, he'd be removed from his office exactly two years after doing so and the sitting VP would ascend to the presidency.
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