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Back door around two-term limit?

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Back door around two-term limit?
Post by cthia   » Sat Mar 07, 2020 7:06 am

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Could Barack Obama Serve as Vice President?

"An ambiguity in the U.S. Constitution allows for speculation about a back door method of getting around presidential term limits."

Son, your mother says I have to hang you. Personally I don't think this is a capital offense. But if I don't hang you, she's gonna hang me and frankly, I'm not the one in trouble. —cthia's father. Incident in ? Axiom of Common Sense
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Re: Back door around two-term limit?
Post by cthia   » Sat Mar 07, 2020 7:09 am

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Someone in my social circle suggested that since Trump lowered the bar for the presidency, Michelle Obama should run. She's certainly more qualified than Trump.

Barack could run as VP. LOL

Son, your mother says I have to hang you. Personally I don't think this is a capital offense. But if I don't hang you, she's gonna hang me and frankly, I'm not the one in trouble. —cthia's father. Incident in ? Axiom of Common Sense
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Re: Back door around two-term limit?
Post by cthia   » Sat Mar 07, 2020 7:14 am

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Then, if Michelle dies "or resigns," then "tag," you're it again, Barack.

Son, your mother says I have to hang you. Personally I don't think this is a capital offense. But if I don't hang you, she's gonna hang me and frankly, I'm not the one in trouble. —cthia's father. Incident in ? Axiom of Common Sense
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Re: Back door around two-term limit?
Post by Annachie   » Sat Mar 07, 2020 7:21 am

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cthia wrote:Could Barack Obama Serve as Vice President?

"An ambiguity in the U.S. Constitution allows for speculation about a back door method of getting around presidential term limits."


That's a million dollar question. As in that's about what the lawyers will charge to argue it.

However, the $0.02 answer is yes he could. The eligibility tests are on assuming the office, but the term limit test is on elections.

So yes. He can be vice, and could assume the Presidency if something happened to the President.
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Re: Back door around two-term limit?
Post by smr   » Sat Mar 07, 2020 11:23 am

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No Barrack can not be on the ticket because he must be able to serve all 4 years if the current President were to die. He must be able to serve an entire term of service. Their is a hard and fast rule that an individual may not serve more than ten years as President of the United States. This was changed after Franklin Roosevelt's death.

Annachie wrote:
cthia wrote:Could Barack Obama Serve as Vice President?

"An ambiguity in the U.S. Constitution allows for speculation about a back door method of getting around presidential term limits."


That's a million dollar question. As in that's about what the lawyers will charge to argue it.

However, the $0.02 answer is yes he could. The eligibility tests are on assuming the office, but the term limit test is on elections.

So yes. He can be vice, and could assume the Presidency if something happened to the President.
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Re: Back door around two-term limit?
Post by gcomeau   » Sat Mar 07, 2020 12:16 pm

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It's an open legal question since the 22nd only specifically limits the election of someone to two terms... but Obama would never test it since he's not some power mad jackass who needs to perpetually be in the Oval Office by any means necessary.

If anyone ever mentions this to Trump on the other hand...
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Re: Back door around two-term limit?
Post by Annachie   » Sat Mar 07, 2020 5:15 pm

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smr, you haven't actually read the US Constitution have you? Well except for the latter half of the 2nd amendment.

The 10 year (minus 1 day) may have been the intent, but it's not how the various articles and amendments are written.
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You are so going to die. :p ~~~~ runsforcelery
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Re: Back door around two-term limit?
Post by doug941   » Sat Mar 07, 2020 5:49 pm

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Annachie wrote:smr, you haven't actually read the US Constitution have you? Well except for the latter half of the 2nd amendment.

The 10 year (minus 1 day) may have been the intent, but it's not how the various articles and amendments are written.


Sorry, but the 22nd is actually quite clear.

"Section 1. 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. But this Article shall not apply to any person holding the office of President when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term."

This means 10 years and out. As for could Barack serve as VP? Yes, but if anything were to happen to the Pres, he is automatically barred from returning to the Oval Orifice and the office would fall to the Speaker of the House.
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Re: Back door around two-term limit?
Post by n7axw   » Sat Mar 07, 2020 6:26 pm

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I'm no lawyer and I know lawyers parse words.

But I just read the amendment and the intent is pretty obvious. It limits a president to two terms of service with provision for a vice-president to serve two full terms provided his inherited term is less than half of his predecessor's term in which case his length of service could extend up to 2.5 terms or 10 years.

Don

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Re: Back door around two-term limit?
Post by n7axw   » Sat Mar 07, 2020 6:35 pm

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doug941 wrote:
Annachie wrote:smr, you haven't actually read the US Constitution have you? Well except for the latter half of the 2nd amendment.

The 10 year (minus 1 day) may have been the intent, but it's not how the various articles and amendments are written.


Sorry, but the 22nd is actually quite clear.

"Section 1. 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. But this Article shall not apply to any person holding the office of President when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term."

This means 10 years and out. As for could Barack serve as VP? Yes, but if anything were to happen to the Pres, he is automatically barred from returning to the Oval Orifice and the office would fall to the Speaker of the House.


Since the intent of the vice-president's office is to provide a replacement for the President in event that the President has died or is unable to serve, Barack would be disqualified for the office of vice-president since he could not fill the primary function of his office.

Don

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When any group seeks political power in God's name, both religion and politics are instantly corrupted.
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