Biden Wins, Obama VP, Biden then dies. What happens?

It would be sad that Biden died but the world would have a huge celebration that Obama would get another term.

This is a constitutional question. To be able to serve as VP you need to be eligible for president.

Nobody can be elected to a presidential term more than twice. A VP serving more than two years as president of someone else's election counts as a term. This limits a president to 10 years max.

The argument goes someone selected as VP was not elected to the office of president therefore a previous 2-term president could serve as VP. However it could be said if Obama served more than two years of Biden's election this would count as a third term. As nobody knows how far into a presidency the president is going to die/resign, this would make Obama unable to serve as VP.

Obama isn't a woman, numnuts

How about this:

Biden is elected with whoever as VP.

After two years, that VP resigns.

Then Biden appoints Obama as VP.

Then Biden resigns or dies.

Then Obama serves the last two years of Biden’s term as president to complete his ten year maximum.

L L wrote:

How about this:

Biden is elected with whoever as VP.

After two years, that VP resigns.

Then Biden appoints Obama as VP.

Then Biden resigns or dies.

Then Obama serves the last two years of Biden’s term as president to complete his ten year maximum.

Speaker of the House becomes VP and then President. I don't think a president can just appoint a new VP.

appleswan. wrote:

I don't think a president can just appoint a new VP.

Richard Nixon did.

Gerald Ford did.

So you're really putting yourself forward as a Constitution person?

To be more complete: 25th Amendment.

The person whom the president appoints as VP has to be confirmed by simple majorities in the House and Senate.

appleswan. wrote:

L L wrote:

How about this:

Biden is elected with whoever as VP.

After two years, that VP resigns.

Then Biden appoints Obama as VP.

Then Biden resigns or dies.

Then Obama serves the last two years of Biden’s term as president to complete his ten year maximum.

Speaker of the House becomes VP and then President. I don't think a president can just appoint a new VP.

I hope you're not the Secretary of State!

appleswan wrote:

This is a constitutional question. To be able to serve as VP you need to be eligible for president.

Nobody can be elected to a presidential term more than twice. A VP serving more than two years as president of someone else's election counts as a term. This limits a president to 10 years max.

The argument goes someone selected as VP was not elected to the office of president therefore a previous 2-term president could serve as VP. However it could be said if Obama served more than two years of Biden's election this would count as a third term. As nobody knows how far into a presidency the president is going to die/resign, this would make Obama unable to serve as VP.

It is indeed a constitutional question. Your conclusion, however, is not at all clear.

The 12th Amendment, ratified in 1804, says "no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States." But that could only refer at that time to eligibility requirements that had already been enumerated: be a natural-born U.S. citizen; be at least 35 years old; be a resident in the U.S. for at least 14 years.

The 22nd Amendment, ratified in 1951, does indeed add more eligibility restrictions: "No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once."

So yes, BHO could not be elected POTUS again; but the meaning of "shall" here is not clear, and in fact the question would probably have to go to SCOTUS. The "shall" may have a future-tense implication: It may mean that BHO, if he served three years of the term for which JRB was elected, could not be elected again--but we already know that! What is not constitutionally clear is whether there would be any hindrance to BHO's serving more than two years of JRB's term, and scholars have not resolved that general question.

There is in fact a segment of scholars who believe someone in BHO's position could be elected VP and then move to President; and potentially could even do this multiple times!

Biden is going to win and Obama is going to be the Attorney General. It's gonna be sweet to see him in the courtroom as Trump, Pence, Jr., Ivanka. Munchin, Barr, and the boy wonder get sentenced to life without parole.,

It’s more than two CONSECUTIVE terms

Biden becomes POTUS

Kamala Harris will be his Attorney General

Ruth Bader Ginsburg retires. Obama replaces her on the Supreme Court

a5u wrote:

appleswan. wrote:

I don't think a president can just appoint a new VP.

Richard Nixon did.

Gerald Ford did.

So you're really putting yourself forward as a Constitution person?

Not really, just a guy on LRC. My understand was congress would appoint a VP (speaker would be acting-VP until confirmed) but wasn't aware the VP has to be selected by the president. I thought congress could pick however they wanted, without regard to the president's choice. After reading the 25th that's not correct.

appleswan. wrote:

I thought congress could pick however they wanted, without regard to the president's choice. After reading the 25th that's not correct.

Hats off, folks: Someone on LRC admitted an error.

Disko Eric wrote:

It’s more than two CONSECUTIVE terms

Where does the Constitution say that?

Portland Hobby Jogger wrote:

Biden becomes POTUS

Kamala Harris will be his Attorney General

Ruth Bader Ginsburg retires. Obama replaces her on the Supreme Court

Obama’s not a judge?

march sadness wrote:

Obama’s not a judge?

Doesn't have to be. Earl Warren was one of the most significant Chief Justices of SCOTUS and had never served as a judge before being elevated to the Court.

You're all idiots. Here is the way we do it in Russia - you serve 2 terms, then rewrite your constitution and reset your president terms to zero, then you serve another 2 terms, easy, you stupid Americans.

Putin

the third in line to the presidency is President pro tempore of the Senate

Currently, that's Chuck Grassley

There seems to be some outstanding constitutional question about whether Obama could even serve as VP, and if he could, what would happen, but I think this is the answer the Supreme Court and such would agree on

https://en.wikipedia.org/wiki/United_States_presidential_line_of_succession