One Possible Democratic VP Candidate is Barack Obama

He Has Unique Advantages, and Many Experts Say It's Constitutional
 
WASHINGTON - Aug. 3, 2024 - PRLog -- Among the many possible candidates to serve as the Democratic vice presidential running mate to Kamala Harris is a person who might be much more effective at bringing in much needed votes, and also in serving as president if it becomes necessary, but he does not seem to be on Harris' short list of prospects, suggests public interest law professor John Banzhaf.

Many legal experts who have studied the very precise language of the two relevant constitutional amendments have independently concluded that it would not be unconstitutional for former president Barack Obama to run for vice president on the Democratic ticket, and even to succeed Harris as president if it should ever become necessary, says the law professor.

But a careful reading of the two relevant Constitutional amendments shows that the drafters were very careful and very precise in not writing such a prohibition into the document.

While some have tried to argue that the Constitution would prohibit Obama from ruing for vice president, Banzhaf and at least three other constitutional scholars [Dan Convene (https://www.google.com/url?esrc=s&q=&rct=j&sa...), Michael Dore (https://www.washingtonpost.com/news/the-fix/wp/2015/08/06...), Bruce Peabody (https://www.google.com/url?esrc=s&q=&rct=j&sa=U&url=https://scholarship.law.umn.edu/cgi/viewcontent.cgi%3Farticle%3D1053%26context%3Dheadnotes&ved=2ahUKEwjg55LN6IOHAxU-GFkFHZyHA-IQFnoECAIQAg&usg=AOvVaw1DahKCYcADkNTjU4CDgeu1)], three former White House lawyers (https://www.washingtonpost.com/wp-dyn/content/article/2006/10/19/AR2006101901572.html), and a recent analysis published on the popular legal website AboveTheLaw (https://abovethelaw.com/2024/06/what-about-joe-biden-and-barack-obama-for-a-ticket/), all conclude that such a run by Obama for vice president would not be unconstitutional.

Moreover, those who question this view seem to be unable to point to a single detailed legal analysis which concludes that such a ticket would be unconstitutional.  Rather, those who have voiced such concerns - most of whom are not even lawyers. much less constitutional scholars - simply point, but without any serious analysis, to the 22nd and 12th Amendments.

So, while it's probably very unlikely that Harris would consider (much less choose) Obama as her running mate for a variety of possible reasons, one of the reasons should not be because of a less-that-careful reading of the Constitution, argues Banzhaf.

http://banzhaf.net/   jbanzhaf3ATgmail.com   @profbanzhaf

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