Could Barack Obama Serve as Vice President? Constitutional Scholars Discuss

The political landscape was dramatically altered Sunday when President Joe Biden announced his decision to withdraw from the 2024 presidential race. This unexpected move has left Democrats scrambling to rally behind Vice President Kamala Harris, who now aims to secure the Democratic nomination. As Harris prepares to take on former President Donald Trump, a new and intriguing question has emerged: could former President Barack Obama serve as her vice president?

The possibility of Obama returning to the White House in a new capacity has generated significant debate among constitutional scholars. The Constitution presents a complex landscape when considering whether a former president, who has already served two terms, can assume the role of vice president, as per USA Today.

The crux of the debate centers on interpreting the 22nd and 12th Amendments. The 22nd Amendment states that no person shall be elected to the office of the President more than twice. This provision, ratified in 1951 in response to Franklin D. Roosevelt’s four-term presidency, aims to prevent any individual from holding presidential power for too long. However, it does not explicitly address whether a former president can be elected as vice president.

The 12th Amendment complicates matters further by stating that no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. This clause suggests that if an individual cannot be elected president, they cannot serve as vice president. Scholars diverge in the interpretation of these amendments.

Michael Dorf, a law professor at Cornell University, argued in a 2000 column that the 22nd Amendment’s restriction does not prevent a twice-elected former president from serving as vice president. Dorf posits that the amendment's prohibition on running for a third presidential term is not a condition of the president's office, thus not precluding a former president from the vice presidency.

Conversely, Gary Nordlinger, an adjunct professor at The George Washington University, maintains that a twice-elected former president is constitutionally ineligible to serve as vice president. Nordlinger asserts that any attempt to place a former president in the vice-presidential role would inevitably lead to a Supreme Court battle to resolve the constitutional conflict.

This debate has significant implications for the Democratic Party as it prepares for the Democratic National Convention in Chicago from August 19 to August 22. With Biden out of the race, selecting a vice-presidential candidate becomes a pivotal decision that could shape the outcome of the election. Harris, who has garnered Biden’s endorsement, must navigate this constitutional ambiguity if she considers Obama to be her running mate.

The 22nd Amendment ensures that if someone has served two terms as president, they are barred from seeking the presidency again, even after a break. This provision raises concerns about excessive executive power, particularly relevant during Roosevelt’s era. However, its application to the vice presidency remains a contentious issue.

As Democrats head into a crucial decision-making period, the constitutional debate over Obama's eligibility adds another layer of complexity to an already high-stakes election. The party must carefully consider its options and potential legal challenges as it seeks to present a united front against Trump in November.

The upcoming Democratic National Convention will likely see intense discussions and strategic maneuvering as delegates decide on the party’s nominee and vice-presidential candidate. Whether Obama will be part of that equation remains an open question, which could have profound implications for the future of American politics.