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December 05, 2020, 05:57:15 PM
News: 2020 Election day live thread: https://talkelections.org/FORUM/index.php?topic=409870.0

  Talk Elections
  Presidential Elections - Analysis and Discussion
  Presidential Election Process (Moderator: muon2)
  Theoretically: could Obama be appointed to cabinet?
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Author Topic: Theoretically: could Obama be appointed to cabinet?  (Read 679 times)
Hnv1
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« on: November 21, 2020, 04:26:16 PM »

Well on the simple reading of the constitution the answer is yes. But that will put him in the presidential line of succession thus potentially giving him more time in office.
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TDAS04
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« Reply #1 on: November 21, 2020, 04:57:54 PM »

Yes, of course.  Whether or not Obama could ascend to the presidency is a separate question, but Henry Kissinger and Madeline Albright were Secretaries of State, even though they weren’t Constitutionally eligible to be President (or Vice President).
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brucejoel99
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« Reply #2 on: November 21, 2020, 06:34:50 PM »

The answer to your question as stated - could Obama be appointed to the Cabinet? - is a resounding yes for the reason that TDAS04 discusses in their post.

The answer to the broader question underlying your post - could Obama be permitted to ascend to the Presidency once again? - is a bit more tricky & would likely become a question for the Supreme Court if ever necessary, because a very strict reading of the Constitution would actually allow it: 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. That is, if the Court were to take into account the words exactly as they're written, then the answer to your question would be yes. If they were to take the clear intent of the 22nd Amendment into account, then the answer would be probably not.

But until that happens, who knows?
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President Johnson
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« Reply #3 on: November 22, 2020, 05:59:09 AM »

Of course, though it would be unclear whether he could be in line for presidential succession. That question would be very theoretical, though, since it's not likely anyone beyond the speaker would ever become acting president.

I believe I read somewhere the Kennedys actually intended to have Jack as Secretary of State under President Bobby Kennedy once he finished his second term in 1969 and Bobby succeeded him.
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Hnv1
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« Reply #4 on: November 22, 2020, 06:28:16 AM »

Of course, though it would be unclear whether he could be in line for presidential succession. That question would be very theoretical, though, since it's not likely anyone beyond the speaker would ever become acting president.

I believe I read somewhere the Kennedys actually intended to have Jack as Secretary of State under President Bobby Kennedy once he finished his second term in 1969 and Bobby succeeded him.
well, technically he can run to congress and be elected as Speaker.
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brucejoel99
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« Reply #5 on: November 22, 2020, 01:25:41 PM »

Of course, though it would be unclear whether he could be in line for presidential succession. That question would be very theoretical, though, since it's not likely anyone beyond the speaker would ever become acting president.

I believe I read somewhere the Kennedys actually intended to have Jack as Secretary of State under President Bobby Kennedy once he finished his second term in 1969 and Bobby succeeded him.

IIRC, he most seriously leaned toward just becoming a professor at Harvard after leaving the presidency, though Bobby's Secretary of State was (in addition to President of Harvard) an option which JFK himself had definitely mused on, yes.
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Hammy
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« Reply #6 on: November 22, 2020, 05:44:12 PM »

If the question is a matter of line of succession, wouldn't it just skip to the next person?
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jimrtex
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« Reply #7 on: November 22, 2020, 08:53:18 PM »

The answer to your question as stated - could Obama be appointed to the Cabinet? - is a resounding yes for the reason that TDAS04 discusses in their post.

The answer to the broader question underlying your post - could Obama be permitted to ascend to the Presidency once again? - is a bit more tricky & would likely become a question for the Supreme Court if ever necessary, because a very strict reading of the Constitution would actually allow it: 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. That is, if the Court were to take into account the words exactly as they're written, then the answer to your question would be yes. If they were to take the clear intent of the 22nd Amendment into account, then the answer would be probably not.

But until that happens, who knows?
3 USC 19(e) could preclude this. 3 USC 19 provides the succession in case of a double vacancy.

3 USC 19(e) excludes those not eligible, including those too young, not a natural-born citizen, and presumably those not eligible to be elected.
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MATTROSE94
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« Reply #8 on: November 27, 2020, 11:33:41 AM »

There is no way that Barack Obama would be confirmed. Mitch McConnell, Marco Rubio, Lindsey Graham, and Ted Cruz would filibuster for 4 years straight to prevent Obama from getting a cabinet post.
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Sir Mohamed
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« Reply #9 on: December 03, 2020, 10:41:18 AM »
« Edited: December 03, 2020, 10:44:32 AM by Sir Mohamed »

If the question is a matter of line of succession, wouldn't it just skip to the next person?

I assume so, yup, similar to Henry Kissinger and Madeleine Albright, as they were foreign born citizens. It's more of a theoretical question though, since it's extremely unlikely anyone beyond speaker will ever have to assume the presidency. As cabinet member, a former 2 term prez would for sure not be assigned the role of Designated Survivor during SOTU address to avoid any potential legal issues. But I seriously doubt a former prez will ever serve in cabinet in the near future.
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Arachno-Statism
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« Reply #10 on: December 03, 2020, 11:46:22 AM »

Not that it would happen, but there aren't any laws against former presidents holding cabinet positions IIRC. He just wouldn't be in the line of succession.
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