As Trump’s campaign gains strength, a push to revamp Biden’s ticket to include Obama is intensifying, as the Washington Examiner reports.

Legal scholar John Banzhaf from George Washington University Law School is spearheading these calls. He argues that adding Obama to the ticket could significantly boost Biden’s odds.

Biden Dismisses Criticism Of Debate Performance

Banzhaf, in a recent blog post for George Washington University, contended that Biden's debate performance against Trump has led to questions about his ability to secure another term. Banzhaf criticized Biden’s lack of impact during the debate and proposed the “Plan C” option as a solution.

Biden initially dismissed criticism of his debate performance, expressing confidence in his campaign’s strategy. However, Trump’s increasing influence in the campaign and potential Electoral College advantages have worried some Democrats.

The Case for an Obama Vice Presidency

Under "Plan C," Biden would replace Harris by choosing Obama as his running mate. Banzhaf firmly believes that a reelection bid with Obama would have a better chance of defeating Trump.

“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.

Banzhaf argued that the constitutional amendments do not bar Obama from becoming vice president. He explained that while the 22nd Amendment prohibits anyone from being elected president more than twice, it does not prevent someone from succeeding to the position if they are vice president.

Constitutional Implications Examined

“The 12th Amendment’s language does not prevent Obama from being elected vice president and succeeding the presidency if necessary,” Banzhaf said.

He elaborated that Obama could potentially succeed to the presidency if Biden were unable to perform his duties or chose to step down. This viewpoint hinges on a specific interpretation of the amendments' language.

“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,” Banzhaf wrote in an email.

Obama’s Potential Role And Concerns

Despite the legal feasibility, the practicality of Obama taking the vice presidency remains uncertain. According to Banzhaf, it is doubtful that Obama would want or take the vice presidency, especially from Harris.

However, Obama has expressed concern about Biden’s reelection prospects. Banzhaf suggests that an Obama vice presidency could revitalize public confidence in Biden’s administration.

Banzhaf also posits a scenario where Biden could run and win with Obama, then choose to resign, allowing Obama to ascend to the presidency. This would also provide a solution for Biden's pledge regarding a potential pardon for his son, Hunter Biden.

Strategic Considerations and Public Perception

Banzhaf wrote that stepping down could be seen as a statesman-like action and might mitigate political fallout.

“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 any time 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.

“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,” Banzhaf wrote.

Conclusion

As the discussion around “Plan C” continues, Banzhaf’s proposal raises significant legal and political considerations. The debate centers on whether an Obama vice presidency could be a viable path to counteract Trump’s campaign and restore voter confidence.

While the feasibility and practicality of this option remain in question, the suggestion reflects the growing concern within some Democratic circles about Biden’s reelection prospects and the strategies needed to secure a victory in the upcoming election.