President Joe Biden’s withdrawal from the presidential race on Sunday sent shock waves through the political world.
Top Democrats have aligned themselves with Biden, with Vice President Kamala Harris backing him. “I am honored to have the President’s endorsement and intend to seek and win this nomination,” Harris said in a statement.
Whoever takes over as the Democratic nominee will have to make the crucial decision of choosing a running mate, and one name being floated as a possible candidate is former President Barack Obama.
Selecting a popular two-term president would push the party further into unchartered territory, as a former president has never been nominated as a vice presidential candidate.
Regarding Barack Obama’s possible appointment as Vice President, the Constitution states:
What does the Constitution say about a former president serving as vice president?
The 22nd Amendment to the Constitution states that “No person shall be elected more than twice to the office of President.”
Ambiguity has arisen over the limitations of the 22nd Amendment, making former presidents who have been elected president twice constitutionally ineligible.
The 12th Amendment to the United States Constitution provides that “No person constitutionally eligible to the office of President shall be eligible to that of Vice President of the United States.”
Cornell law professor Michael Dorf argued in a 2000 CNN column that the theoretical pairing of Al Gore and Bill Clinton was constitutionally permissible. “Bill Clinton could serve as vice president because the 22nd Amendment’s prohibition against a president running for a third term is not a condition of the presidency,” Dorf wrote.
Not all constitutional law scholars agree, with Gary Nordlinger, an adjunct professor at George Washington University, telling CBS affiliate WUSA9 in 2016 that someone who has been elected president twice is ineligible.
“If someone tried this, it would definitely end up in the Supreme Court because it’s the Supreme Court that decides constitutional inconsistencies,” he said.
The 22nd Amendment to the Constitution bars Obama from running for president.
Biden’s decision gave some Americans an opportunity to reaffirm the Constitution, particularly the 22nd Amendment.
In 1951, following President Franklin D. Roosevelt’s unprecedented four terms and growing concern about possible excesses in executive power, the 22nd Amendment to the Constitution was ratified. This clause made it constitutionally barred anyone who had served two terms as president from holding office again, even after a leave of absence.
The Democratic Party’s candidate to succeed Biden will be decided at the Democratic National Convention to be held in Chicago from August 19 to 22. Since Biden cannot nominate a successor, the delegates at the Democratic National Convention will decide on the candidate.
Contributor: Jeremy Yurow
