The Democrat 'Plan C' ticket is Biden and Obama

By 
 July 5, 2024

Thanks to a failing candidate and an election in jeopardy, Democrats are scrambling for options, and they have reached for a familiar name to possibly fill a faltering ticket, according to The Washington Examiner.

The solution to Trump's surging campaign and Electoral College advantage, according to advocates of "Plan C," is straightforward: The former President Barack Obama should replace Vice President Kamala Harris."

“A Biden-Obama ticket would have a much better chance of beating Trump,” said John Banzhaf, legal scholar and a professor at George Washington University Law School.

The Possible Third Term

This is a troubling solution, according to many, considering that Obama already served both of his constitutionally allowed terms, with Biden at his side, and the failing president of today appears unlikely to make it through the upcoming four years in office.

“Barack Obama is probably one of the few persons whom a majority of Americans would want and trust as president, so Plan C might be the least objectionable of a number of very unpopular and dubious options now open to Biden and the Democratic Party,” Banzhaf went on during his comments on Thursday.

Banzhaf cited constitutional scholars' analysis, which dismissed suspicions that the 12th and 22nd Amendments prohibit a former two-term president from serving as vice president.

The 22nd Amendment Details

“The 22nd Amendment, which is most frequently cited as a bar to Barack Obama ever serving as president again, doesn’t — according to its carefully crafted and very narrow exclusionary language,” Banzhaf said.

The key sentence in the amendment says, “No person shall be elected to the office of the president more than twice, and no person who has held the office of the 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.”

Banzhaf said, “While this amendment may bar Obama from ‘being elected’ to the office of president again, it obviously and by its clear language doesn’t prohibit him from being elected as vice president, and subsequently becoming president by succession without ever being elected to the office again.”

The 12th Amendment Details

The same line of reasoning was utilized by him in his challenge to the 12th Amendment.

“According to the overly precise language deliberately carefully chosen by the drafters, Obama cannot ‘be elected to the office of the president,’ but there’s nothing to say that he cannot be elected to the office of the vice president, and then succeed to the presidency if Biden becomes unable to perform his presidential duties or simply resigns," the legal scholar went on.

"In other words, Obama is not now ‘ineligible to the office of president’ and therefore ineligible to run for vice-president; rather he is only ineligible to be ‘elected’ to the office of the president, not ineligible to attain the office by succession,” he wrote in an email.

Similar Sentiments

Banzhaf's email reaffirmed the points he had previously made in a blog post for GWU following the Biden-Trump debate a week prior.

Although it is unlikely that Obama would desire the vice presidency or would assume it from Harris, he has been profoundly concerned that Biden is jeopardizing his possibilities of reelection.

According to Banzhaf, Obama's function as Biden's substitute could increase public confidence in the president. Alternatively, Biden could run and win alongside Obama and subsequently abdicate if he is as ill as some have suggested.

“Rather than simply offering the public the opportunity to have a second-term Biden president supported and backstopped by a very popular and clearly very capable former president Obama, and having someone with experience and a proven record as commander in chief should Biden not be able to continue to serve at anytime during a second four-year term, Biden might even consider announcing before the election that, if elected president, he would resign shortly after his inauguration so that Obama can then become president,” Banzhaf wrote.

Promise on Hunter

He also stated that this scheme would enable him to violate his commitment to not pardon his son Hunter Biden for a gun conviction.

He added, “In addition to claiming that stepping down is the statesman-like thing to do, Biden could argue that resigning would be necessary to permit him to break his promise not to pardon his son, Hunter Biden. Indeed, letting Obama take over would also limit the adverse political fallout of going back on his previous commitment.”

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