p*****d
发帖数: 183 | | p*****d
发帖数: 183 | 2 可把怀念大统领过去日子但对拜登不感冒的选民拉过来
【在 p*****d 的大作中提到】
: 目测这个组合可以和川皇一战
| l********e
发帖数: 3986 | 3 法律上有点问题，就是如果白登出事，噢观海不能继任总统，这个要破坏副总统的最主
要的职能。 | D**S
发帖数: 24887 | 4 没有法律障碍啊。甚至OBAMA自己这次出来竞选，美国也没有法律阻挡。法律只限定不
能连任两届。两届之后，隔几年就又可以了。201X年的时候Bill Clinton就开玩笑说自
己完全可以再度竞选。 | D**S
发帖数: 24887 | 5 当然可以，没有这种法律障碍。
【在 l********e 的大作中提到】
: 法律上有点问题，就是如果白登出事，噢观海不能继任总统，这个要破坏副总统的最主
: 要的职能。
| r*****1
发帖数: 3465 | 6 别不懂装懂了，法律不允许
【在 D**S 的大作中提到】
: 没有法律障碍啊。甚至OBAMA自己这次出来竞选，美国也没有法律阻挡。法律只限定不
: 能连任两届。两届之后，隔几年就又可以了。201X年的时候Bill Clinton就开玩笑说自
: 己完全可以再度竞选。
| l********e
发帖数: 3986 | 7 22nd Amendment
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.
First we note that he has served two full terms. So according to the
Amendment, he cannot be ELECTED president again. But, the question becomes,
could he become VP and succeed to another term? Well…
Amendment 12 (relevant part)
But no person constitutionally ineligible to the office of President shall
be eligible to that of Vice-President of the United States.
Herein lies the problem. The 22nd Amendment makes Obama ineligible to be
ELECTED president, according to the strict wording of the Amendment. But
while it is intended to make him ineligible to become president again, its
bad wording means that it could be a loophole if any president wanted to
attempt a third term that way, and could get someone to run for president
that would step aside after (if not before) the inauguration. And while it
would be even more complicated, there is also the possibility of a former
two term president becoming Speaker of the House, President Pro Tem of the
Senate, or a cabinet member of another president and succeed that way if the
circumstances arose.
So like I said… no one honestly knows if the bad wording would work as a
loophole and allow someone barred from being elected president to become one
through succession. It would require the situation to come up (i.e., a two
term president trying to run for VP or ending up in a situation where he’d
be in another office and up to succeed), someone to bring the issue to
SCOTUS, and then SCOTUS ruling on the issue. If it ever happened, they could
rule on a strict wording basis, meaning that they’d decide that since he
wasn’t elected to a third term, he could succeed into one (and Congress,
depending on the political atmosphere of course, would be highly likely to
try to close that loophole). Or they could rule on the intent of the
Amendment, which is to limit the number of terms a president can serve, and
bar a person ineligible from being elected again from succeeding. And while
I would like to say that any court makeup at any given time would rule the
same way regardless of political leanings of the members and person in
question, I no longer trust that to be the case. Frankly, if he tried to
pull that loophole now, he’d fail in front of the right leaning court.
Whereas a former Republican two term president may succeed. And vice versa
when the court is left leaning.
Either way, unless and until the situation comes up and the court makes a
ruling/sets a precedent, no one knows whether the wording of the 22nd
Amendment would allow a succession loophole or not, and can’t even guess
what SCOTUS would decide unless someone ever tries.
EDIT TO ADD: The succession law (setting the order of who becomes or acts as
President if the both the offices of President and VP become vacant) has
the same requirements as running for VP… to succeed to the presidency, one
has to be eligible to the office. As the rest of the answer points out,
since none of us can answer for certain whether being ineligible to be
elected president also makes one ineligible to the office of President, then
we don’t know if he could succeed from an office below VP. But if he were
eligible to succeed at all, then he would be eligible to be VP, putting him
closer to the office of President.
【在 D**S 的大作中提到】
: 当然可以，没有这种法律障碍。
| r*****1
发帖数: 3465 | 8 Amendment XXII
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. | l*i
发帖数: 5732 | 9 神操作，可以媲美普京的二人转
【在 p*****d 的大作中提到】
: 目测这个组合可以和川皇一战
| B******e
发帖数: 16928 | | C*****l
发帖数: 1 | | B******e
发帖数: 16928 | 12 智商趋于零的母猩猩和老年痴呆的确是绝配。
【在 C*****l 的大作中提到】
: 女奥行不行？
| L*****d
发帖数: 5093 | 13 美国的伟大就因为几百年前的立法者已经知道有普京这种玩弄权术野心家会出现
【在 D**S 的大作中提到】
: 当然可以，没有这种法律障碍。
| d******d
发帖数: 6 | 14 拜登要是任上挂了，副总统奥观海能接任总统吗？好像不能吧 |
|
