Robert S asked in Politics & GovernmentPolitics · 9 months ago

Could Joe Biden name Obama as his V.P. choice then after he wins,resign and Obama become President?

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  • 9 months ago
    Favorite Answer

    why is this such a popular question today?

    many will say "no"...but the real answer is "maybe"....

    the reason people say "no" is because the 12th Amendment says that nobody eligible to be President can be Vice President and the 22nd Amendment says that nobody can be elected President if they have already served two terms...

    b....b...but... as we all were supposed to learn in civics, an Amendment can only be changed via another Amendment... so:

     a) because the 22nd does not specifically address the 12th Amendment, it can be argued that the only "eligibility" requirement involved are those specified in Article 1. and..

    b) the specific use of the word ELECTED in the 22nd Amendment does not explicitly prohibit someone becoming President by succession (as in your example)...

    so, the simple answer is that there is no simple answer as no one has yet attempted to put this question to the test... the simple fact, however, is that Obama (or any other living 2-term President) COULD be nominated for VP and thus trigger a case that would ultimately be decided by the Supreme Court...

  • 9 months ago

    Technically, yes. Obama just would not be able to run for another term afterwords.

  • 9 months ago

    As far as I can tell, Biden could pick Obama as VP, but Obama could never become president because of the 22nd Amendment. The Speaker of the House of Representatives would become president in such a situation.

  • Anonymous
    9 months ago

    No,because Biden will never be president.

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  • Frank
    Lv 7
    9 months ago

    No, he cannot do that.

  • 9 months ago

    He could be VP but if anything happened to prevent Biden from finishing his term, like resigning,  Obama could not assume the presidency. 

    The secretary of State is 4th in line and at least two recent ones, Kissinger and Albright, would have been skipped over if necessary due to not being born in the USA.

    Update: Appears I was mistaken.  The wording of the 22nd says "elected" for more than two terms.  It would probably wind up in the courts if it happened.  Which I doubt.  I don't think any was happier than Barack Obama that Barack Obama was no longer president.

  • Anonymous
    9 months ago

    Nope. The VP must meet the same requirements as the president. Since Obama is ineligible to be president he is also ineligible to be VP.

  • 9 months ago

    No he cannot because he is not eligible to be president like Ted Cruz.

  • 9 months ago

    Michelle 2021 baby!

  • Anonymous
    9 months ago

    Nope, doesn't work that way!

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