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Originally posted by Playa View Post
Well they better hurry because they announced they (DNC) are moving forward with a virtual roll call vote in early August and Biden has committed to a fundraiser at the end of this month
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This! Biden must stay until his term ends. UNLESS they want to limit (in the unlikely event she could win) to a single term. Enlighten me if I am wrong or misinformed.
BE
Originally posted by tvc184 View Post
Yes, no, maybe.
The 22nd Amendment says that you can only be elected to the presidency two terms. If a person was a president two or more years, but was not elected to that office (vice president moving up like Johnson or Ford) he/she can only be elected for one term.
An example like many people believed might happen, had Biden resigned in 2022 after one year in office and leaving Harris as the president for three years, she could only be elected once.
The 22nd Amendment restricting a president to twice being elected, only mentions the president and not the vice president.
Then however you go back to the 12th Amendment. It says:
”But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.”.
So a person ineligible to be the president cannot be a vice president. Simply enough. But is it really?
Is ineligibility due to being under 35 years of age? Not born American? Convicted of insurrection? Those are definitely ineligible. What about a two term president? It would appear that he is ineligible since already serving two terms. The 22nd Amendment though doesn’t say can only “serve” two terms, it says can only be “elected” for two terms. Hmmm….
The 12th Amendment was enacted long before anyone thought at the 22nd Amendment and term limits. Did Congress in writing the 22nd Amendment ignore the 12th? Did they intentionally build in a loophole?
I mean a president could be elected twice, run the next term as the vice president and on January 21st the newly elected president could resign making the vice president now a third term president. And then a fourth, fifth…….
So what was the intent of the 22nd Amendment? Was it to absolutely keep a person from being the president more than two full terms and relying on the 12th Amendment to stop a third term? If so they should have included the language…. a person cannot be elected “or serve” as the president for more than two full terms. They left out “or serve”.
That’s why yes, some will claim that Obama could be elected as the vice president because the 22nd Amendment only says the president can’t be “elected” to the office of the presidency more than twice.
That is why no, some will say that the 12th Amendment negates Obama running again and that was the intent of the 22nd Amendment.
To my knowledge this has never been settled by the Supreme Court. That is why this could be a maybe.
I would tend to think that no he can’t run as vice president however I don’t know of any case law preventing it and the words in the two amendments are not perfectly clear.
Adding “or serve” to the 22nd Amendment would have negated almost any argument. Unfortunately that wasn’t included.
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Originally posted by Big-Ed View PostThis! Biden must stay until his term ends. UNLESS they want to limit (in the unlikely event she could win) to a single term. Enlighten me if I am wrong or misinformed.
BE
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None of us can imagine a world where Harris bears Trump and most of us couldn’t see a world where Biden beat Trump, but here we are(rigged)..
Nothing about our election systems, that allowed them to rig the last election has been changed. FIXED!!!
My point is that if the global elites, deep state, swamp, whatever you choose to call it, want Harris in the Oval Office, she will be in the Oval Office.
And that’s a very hard pill to swallow but it’s a fact.
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Originally posted by Big-Ed View PostThis! Biden must stay until his term ends. UNLESS they want to limit (in the unlikely event she could win) to a single term. Enlighten me if I am wrong or misinformed.
BE
…..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.
If a person serves anything less than two years, it is not considered a full term and the person can still be elected twice to full terms. If the person serves more than two years, he/she can only be elected once.
For example:
Had Biden resigned on January 19, 2023 and Harris became the president, she would only be eligible to be elected one time because she served would have served for two years and one day.
Had Biden resigned on January 21, 2023 and Harris became the president, she would be eligible to be elected for two full terms because she was the president for less than two years…. by one day.
For those two examples, they are only two days apart but that determines legibility for two full terms.
So if Biden resigns on Monday and Harris is sworn in, it has no bearing on her being able to run for two full terms. She would only be the president for about six months and far short of the two years required to restrict her to one full term.
To make it simple, once January 20,2023 passed (2 years from the beginning of the term), when she took over as president is irrelevant.
The same scenario will happen on January 20, 2027. That will be the two year anniversary of the presidential term.
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Originally posted by Red Letters View Post
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Originally posted by huntingfanatic View Post
I heard Pelosi is saying not so fast on KamalaLast edited by friscopaint; 07-21-2024, 07:46 AM.
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