Current Events > Can a former president be vice president after leaving office?

(+) Yeah! (+)

https://www.snopes.com/fact-check/former-president-becomes-vice-president/

I don't know. Anybody else know?

Only if you were a one term president.

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Obviously it would be heavily argued by constitutional lawyers, but in the world according to Anteaterking it would just work like it does when the Speaker of the House doesn't fit some of the qualifications for President, which is that they get skipped in succession order.

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yes in Russia

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Yes, though due to a number of factors it'll probably never happen. Factors such as former presidents probably don't want another office position, especially one lower than what they were. Those 4-8 years are hell and they just want to retire afterwards.
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I'm going to say yes because Franklin Roosevelt had more than two terms, so it's possible, there is precedent for it.

https://www.youtube.com/watch?v=TWihXElw_zg

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Ricemills posted...

yes in Russia

lol

Would have to be decided by the Supreme court, and what a mess that would be.
By intention of the 22nd amendment the SC should rule they can't, and with the sitting Justices and the matter of Obama they almost certainly would rule that way, probably unanimously.

4 years from now for Herr Trump though.....

Really I don't think you will ever see it play out because of the danger involved. The SC is generally unwilling to rule on maybe's which means you'd have to win first to find out and then potentially negate the entire election if it was found unconstitutional.

Could you imagine that happening this year? Biden/Obama ticket wins in broad fashion, early December SC rules Obama cannot be VP, Trump has reasonable grounds for declaring the election invalid, country spirals into chaos and Civil War.

Anteaterking posted...

Obviously it would be heavily argued by constitutional lawyers, but in the world according to Anteaterking it would just work like it does when the Speaker of the House doesn't fit some of the qualifications for President, which is that they get skipped in succession order.

!2th Amendment explicitly rules that out, Vice President must meet criteria to be eligible to be the president. The weirdness comes in that the 22nd Amendment only holds (by language, not necessarily intent) that they cannot be elected to the office, not that they cannot be President.

Nope.

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realnifty1 posted...

Anteaterking posted...

Obviously it would be heavily argued by constitutional lawyers, but in the world according to Anteaterking it would just work like it does when the Speaker of the House doesn't fit some of the qualifications for President, which is that they get skipped in succession order.

!2th Amendment explicitly rules that out, Vice President must meet criteria to be eligible to be the president. The weirdness comes in that the 22nd Amendment only holds (by language, not necessarily intent) that they cannot be elected to the office, not that they cannot be President.

Which means that Jimmy Carter is the only living former President that can become either President or Vice President.
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realnifty1 posted...

!2th Amendment explicitly rules that out, Vice President must meet criteria to be eligible to be the president. The weirdness comes in that the 22nd Amendment only holds (by language, not necessarily intent) that they cannot be elected to the office, not that they cannot be President.

Yeah, but isn't the question whether only being able to serve two terms is an "eligibility" thing?

Like I read the Article 2, Clause 5 as being the eligibility requirements and the other things being possible other things that get in the way.

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There's nothing explicitly blocking them, it'd have to be decided by the courts. We'll never see it tested though simply because you'd be hard-pressed to find a two-term President that would want to go back to DC after 8 years of the most stressful job in the country.

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Cocytus posted...

I'm going to say yes because Franklin Roosevelt had more than two terms, so it's possible, there is precedent for it.

FDR served more than two terms because term limits weren't a thing when he was president. They did become a thing specifically because of that, tho.

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Anteaterking posted...

Yeah, but isn't the question whether only being able to serve two terms is an "eligibility" thing?

Like I read the Article 2, Clause 5 as being the eligibility requirements and the other things being possible other things that get in the way.

It is an eligibility thing, the problem is the 22nd's choice of language is vague to this specific question. It explicitly calls out how many times an un-elected acting president can be elected based off how long they served. But nowhere does it say anything about being able to serve if not elected.

CrazyandLazy posted...

Nope.

Why not?

Ivynn posted...

FDR served more than two terms because term limits weren't a thing when he was president. They did become a thing specifically because of that, tho.

Oh yeah.