Can Barack Obama serve as vice president? Constitutional scholars disagree

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Can Barack Obama serve as vice president? Constitutional scholars disagree

President Joe Biden dropping out of the presidential race Sunday shook the political world.

Democratic power players have aligned with the Biden behind

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. “I am honored to have the President’s endorsement and my intention is to earn and win this nomination,” Harris said in a statement.

Whoever takes over the role of Democratic nominee has a major decision to make in selecting a vice-presidential candidate. One name who has come up as an option is former President Barack Obama.

Choosing the popular two-term president would push the party further into uncharted waters as no former president has taken the vice-presidential nomination.

Here’s what the Constitution says about Barack Obama possibly serving as vice president.

What does the Constitution say about a former president serving as vice president?

The 22nd Amendment says that, “No person shall be elected to the office of the President more than twice.”

Ambiguity arises over the restriction of the 22nd Amendment causes a twice-elected former president to be Constitutionally ineligible.

The 12th Amendment states that, “no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the ******* States.

Michael Dorf,

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, argued in a 2000 column for CNN that a theoretical ticket of Al Gore and Bill Clinton was

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. “Bill Clinton can serve as vice president, because the 22nd Amendment’s prohibition on running for a third presidential term is not a condition of the office of president,” Dorf wrote.

Not all constitutional scholars agree as Gary Nordlinger, an adjunct professor at The George Washington University, told CBS affiliate WUSA9 in 2016 that a

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.

“If anyone tried this,” he said. “It would for sure end up at the Supreme Court. Because that’s who decides conflicts within the constitution.”

22nd Amendment prohibits Obama from running as president

Biden’s decision provided the chance for some Americans to brush up on the Constitution, particularly the 22nd Amendment.

The

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in response to Franklin D. Roosevelt’s unprecedented four-term presidency, which raised concerns about the potential for excessive executive power. This provision ensures that if someone has served two terms as president, they are constitutionally barred from seeking the presidency again, even after a break.

The Democratic nominee to replace Biden will be decided during the Democratic National Convention, which takes place in Chicago from August 19 to August 22. Since Biden cannot appoint a replacement, his delegates will determine the nominee at the DNC.

Contributing: Jeremy Yurow

This article originally appeared on USA TODAY:

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