Not my idea. From Taylor Gonzalez on Facebook: How to get O back

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"Here's the plan. Joe Biden is gonna run in 2020. O is gonna be his VP, anything happens to Joe O gets a third term

which is perfectly legal because he never technically ran for a third term!

Yayyyh loopholes!!!"

Any legal minds know if it is legal?

[LisaL]

1. So the plan involves hoping that something happens to Biden?

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3. Not hoping, but just in case. Joe is getting up there.

And their roles will just be reversed.

It's really just a fantasy idea, but a good one.

[Takket]

2. Nope, not legal

The 12th Amendment, which was ratified in 1804, directs that no one “ineligible to the office of President shall be eligible to that of Vice President of the United States.”

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4. Thanks. It was a good thought though.

[Takket]

6. even better.................

Gillenbrand becomes president in 2020, we take the Senate, Ginsburg retires, Gillenbrand puts Obama on SCOTUS for the rest of his life...............

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8. OH, I like that too.

[SticksnStones]

14. GILLIBRAND/FRANKEN 2020

A great 2020 ticket...

[hauckeye]

16. I like it too

but hasn't Obama said that he wouldn't want to be on SCOTUS?

[brush]

24. I wonder what he's going to do? He's still pretty young. Becoming a university pres. like some...

other ex-politicans doesn't seem his style.

[dixiegrrrrl]

17. Rally hoping Ginsbery lasts that long.

And Trump hopes not...he actually referred to her as " the old lady" when discussing...or dissing...the Court.

[Takket]

23. she will be 87 when the next president is sworn in in 2020

i'm worried too... especially since Putin's political opponent's have a habit of disappearing. at her age it could be as simple as planting someone with a terrible case of the flu in her presence to give her pneumonia. i hope when she's not on the bench she's living in an air tight HEPA filtered bubble lol

[NYC Liberal]

9. He's not ineligible though.

The 22nd Amendment says "No person shall be elected to the office of the President more than twice".

In this case he would not be elected. He's not "ineligible to the office", just ineligible to be elected by the Electoral College.

[MousePlayingDaffodil]

11. Yes . . .

. . . that would be my reading of the Constitution as well.

[Yo_Mama]

20. He is ineligible to be elected Vice President as well. Read Amendment Twelve!!!

No one not eligible to be President is eligible to be Vice President. Which, when you think about it, makes all sorts of sense. Once the 22nd Amendment was passed, a two-term president could not be elected as VP.

https://www.law.cornell.edu/constitution/amendmentxii

Amendment XII

The electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;--The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;--the person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

[NYC Liberal]

21. He's not constitutionally ineligible to the office.

He's only unable to be elected again. But he is eligible for the office if he were to succeed to it.

Constitutional eligibility to the office refers to the requirements of 35 years old, natural born citizen, and 14 years residency.

[MousePlayingDaffodil]

10. Again, the issue here turns on . . .

. . . whether Amendment XX's prohibition on a person's being elected to the Presidency more than twice operates, within the meaning of the Constitution, to render that person "ineligible to" the office itself.

Insofar as the language of the last sentence of Amendment XII was adopted many decades before Amendment XX was adopted, it cannot be the case, of course, that those who introduced the language that became Amendment XII could have had Presidential "term limits" in mind. Recall that, prior to Amendment XII, the Constitution provided that the person who finished second in the Electoral balloting for President is the person who became Vice President. Under this original approach, the Framers would have presumed that all those persons for whom votes were cast by the Electors would be persons "eligible to" the office of President within the meaning of Article II, section 1. And so, it was simply not necessary to specify that the Vice President must meet the same constitutional eligibility requirements that applied to the person who would serve as President.

But with the change wrought by Amendment XII as to how the Electors were to elect the Vice President, it became necessary for the Constitution to provide specifically that those eligibility requirements did apply. That would appear to be the sole purpose of, and rational for, the last sentence in Amendment XII.

So, the question remains whether the later-adopted prohibition on a person's being "elected" to the office "more than twice" operates to render that person "ineligible to" the office itself within the meaning of Article II, section 1 and Amendment XII. To me, the language of these various provisions of the Constitution are perfectly clear -- i.e., it would not so operate -- but there are those who disagree, and the issue is not free from doubt.

[MousePlayingDaffodil]

5. Provided that the prohibition of Amendment XX that a person cannot be "elected" . . .

. . . to the Presidency more than twice is not construed to mean that said person is "constitutionally ineligible to the office of President" within the meaning of the last sentence of Amendment XII," then there would be no constitutional bar to this, I should think.

As far as I'm concerned, the language of Amendment XII and Amendment XX is clear -- e.g., a person is "constitutionally ineligible to" the office only where such person is not a "natural born citizen," is not at least 35 years old, and so on, as specified in Article II, section 1 -- but I know that there are those who take a different position.

[brush]

7. Oh, okay. So there's a chance.

[Phoenix61]

12. That's good

but we'd only have him for a little while. I like him as SCOTUS.

[brush]

13. That would suit me.

[sarah FAILIN]

15. Michelle could win if she ran

She could run for an office to get her feet wet. Alabama has had the govs wife when Wallace was ineligible. The slogan was "Elect Lurleen, but let George do it". She won.

I'd also like him to have a lifetime appointment too though.

[EL34x4]

18. Maybe we should find someone whose Constitutional eligibility is without question?

It's kinda pathetic if our best hope requires squinting our eyes really hard to find a loophole that might allow Obama to serve a third term.

Is there really no one else?

[brush]

19. We're just fantasizing, taking our minds off the orange chaos sweeping across the country

[UTUSN]

22. Legal/schmeagle - these days anything goes!1 n/t

[Yavin4]

25. Your plan would only work if Biden and Obama were Republicans

Republicans don't have to follow any laws or rules or anything. In fact, when they go against the law, they get praised.