DUmp discusess the Constitution

[Carl]

That is always good for a laugh.

http://www.democraticunderground.com/10026093652

Fri Jan 16, 2015, 01:03 PM

unblock (26,604 posts)

constitutional question -- presidential term limit loophole?
below is the text of the constitutional amendment regarding presidential term limits.

note that it specifically limits *election* to the office of the president.

so, is it possible for someone who has already been elected to and served two full terms to become president after either:

(a) being elected to the office of the vice president or
(b) holding one of the positions further down in the order of succession (speaker of the house, president pro tempore of the senate, or one of the cabinet positions)

and then the president (and others as the case may be) resign?

i'm not advocating anything, but just curious if it's even theoretically possible. if so, in theory, a popular 8-year president could run as vice president, with a patsy at the top of the ticket agreeing to resign as his first and only official act as president.

actually, i am advocating something: that we float the concept and make like we're going to get obama in for a third term. not that we'd actually do it, but i'd just love to see some obama-hater heads explode at the notion!





AMENDMENT XXII
Passed by Congress March 21, 1947. Ratified February 27, 1951.

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.

Section 2.
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.

Response to unblock (Original post)

Fri Jan 16, 2015, 01:04 PM

randys1 (5,224 posts)
1. LOLOLOL that head exploding activity would absolutely make my day, my week, my month, my year

Screeching queer Randy does know about something exploding inside his head I bet.

Response to unblock (Original post)

Fri Jan 16, 2015, 01:22 PM

Star Member longship (25,625 posts)
2. Interesting.

Send it to Fox News -- I recommend Hannity. Then stand back while heads explode with much foaming at the mouth.
R&K

Response to unblock (Original post)

Fri Jan 16, 2015, 01:28 PM

MohRokTah (5,640 posts)
3. The only thing the 22nd Amendment covers is being elected to the office of the President

Your loophole holds.

No it doesn`t but we will get to that.

Response to unblock (Original post)

Fri Jan 16, 2015, 01:39 PM

shraby (16,418 posts)
5. That should take them off message for a while. Then instead of fighting with

the poor and old people to take away what little they have, they can try to find a way to block any attempt at a "third" term.

Congress is stalled!!

Response to unblock (Original post)

Sat Jan 17, 2015, 01:49 AM

MiniMe (14,190 posts)
17. I think you can't become VP if you can't become President

I remember reading that in one of our discussions on DU at some point in time. I think the discussion was if Jimmy C or Bill C could run as VP on a ticket. I think the answer was Yes for Jimmy and no for Bill.

Response to MiniMe (Reply #17)

Sat Jan 17, 2015, 10:47 AM

jberryhill (35,948 posts)
18. Correct: This thread is a mustering of morons


The Twelfth Amendment:

"But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States."

 

[JohnnyReb]

Bill Ayers didn't intend for the DUmmies to let that out yet.

[DumbAss Tanker]

An interesting technical question, but the closest it has ever come to happening since that Amendment passed was during the Nixon administration, after Agnew resigned and then was followed later by Nixon's own resignation.  If a previous two-term President had been appointed as VP to replace Agnew, then that person could have been President when Nixon resigned.  All in all it would take a quite singular set of circumstances for the question to ever arise.

As far as Obama becoming Speaker, Senate Majority Leader, or Secretary of State, I just don't see a realistic chance of that happening.  I can't think of anyone since Taft who chose to go back into high Federal office after being President.

[thundley4]

An interesting technical question, but the closest it has ever come to happening since that Amendment passed was during the Nixon administration, after Agnew resigned and then was followed later by Nixon's own resignation.  If a previous two-term President had been appointed as VP to replace Agnew, then that person could have been President when Nixon resigned.  All in all it would take a quite singular set of circumstances for the question to ever arise.

As far as Obama becoming Speaker, Senate Majority Leader, or Secretary of State, I just don't see a realistic chance of that happening.  I can't think of anyone since Taft who chose to go back into high Federal office after being President.

But if the person had served two terms as president, then they would have been ineligible to be named vice president.

"But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States."

It would have been the same as trying to name someone who didn't meet the age requirements for president.

[Ptarmigan]

Fri Jan 16, 2015, 01:03 PM

unblock (26,604 posts)

constitutional question -- presidential term limit loophole?
below is the text of the constitutional amendment regarding presidential term limits.

note that it specifically limits *election* to the office of the president.

so, is it possible for someone who has already been elected to and served two full terms to become president after either:

(a) being elected to the office of the vice president or
(b) holding one of the positions further down in the order of succession (speaker of the house, president pro tempore of the senate, or one of the cabinet positions)

and then the president (and others as the case may be) resign?

i'm not advocating anything, but just curious if it's even theoretically possible. if so, in theory, a popular 8-year president could run as vice president, with a patsy at the top of the ticket agreeing to resign as his first and only official act as president.

actually, i am advocating something: that we float the concept and make like we're going to get obama in for a third term. not that we'd actually do it, but i'd just love to see some obama-hater heads explode at the notion!





AMENDMENT XXII
Passed by Congress March 21, 1947. Ratified February 27, 1951.

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.

Section 2.
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.

Loophole? Huh? 

[Ralph Wiggum]

This thread is "mustering of morons".  Perfectly describes damn near every DUmp thread.

[diesel driver]

Reading for comprehension is as foreign to a DUmmie as reality.

No person can serve more than 2 4-year terms as president.  PERIOD!!!!

If the VP became President and served LESS than 2 years of the prior President's term, he could be elected for 2 more terms (totaling 10 years).  IOW, LBJ, who served the final 14 months of JFK's term, could have been elected to 2 more terms.

If the VP became President and served MORE than 2 years of the prior President's term, he can only be elected to 1 more term (totaling 6 years).  IOW, Gerald Ford, who served for 29 months in Nixon's place, could only run for 1 more term.

Hoping, dreaming, wishing, maybe even praying Barry could run for a third term is moronic as well as stone-cold, rock solid STUPID!