On Monday, January 23, 2023 at 2:06:06 PM UTC-8, The NOTBCS Guy wrote:
> On Monday, January 23, 2023 at 1:39:59 PM UTC-8, Michael Falkner wrote:
> > On Monday, January 23, 2023 at 10:41:27 AM UTC-8, The NOTBCS Guy wrote:
> >
> > > Either they are eligible to be President (and they are, at least the way I read it - just not eligible to be elected President), in which case, they can be Vice-President since the 12th Amendment restriction is on anyone "constitutionally ineligible to the office of President" (quoted directly from the last line of the amendment), or they are not, in which case, they cannot become President in any other way, including being Speaker of the House when the Presidency and Vice-Presidency are both vacant, so that loophole you claim exists isn't there. Which is it?
> > Are you assuming the Speaker promotes to Vice President if the VP is vacant?
> No.
> > The loophole is you could get a double-vacancy, like many Americans believe should happen now.
> Then re-read my question. I will rephrase it.
>
> 1. Is President Obama (or, for that matter, Clinton, or GW Bush) "constitutionally ineligible to the office of President"? Yes, or no?
Yes.
> 2. If he is, then how could he become President if he was Speaker of the House and both the President and Vice-President are vacant? He's ineligible to be President - period. There is no loophole.
The idea is that he would be skipped, but I can't think of a scenario like him being Speaker which would not be with that in mind.
> 3. If he is not, then what part of the 12th Amendment prevents him from being Vice-President? The only restriction is that he cannot be "constitutionally ineligible," but this question applies only if he is not "constitutionally ineligible" (if he is, then go back and answer part 2).
The black-letter statement that no person ineligible for the office of President can be VP.
Mike