Yes, Joe Biden can constitutionally be Vice President, provided he has not already served two full terms as President or more than two years of another president's term.
Currently, Joe Biden serves as the President of the United States, with Kamala Harris as his Vice President. While it's impossible to hold both offices simultaneously, the question of his eligibility to serve as Vice President in a future administration depends entirely on his prior service as President.
Understanding Presidential and Vice Presidential Eligibility
The ability for a former President to serve as Vice President is governed by two key amendments to the U.S. Constitution: the 22nd Amendment, which sets presidential term limits, and the 12th Amendment, which defines Vice Presidential qualifications.
The 22nd Amendment: Presidential Term Limits
The 22nd Amendment to the U.S. Constitution, ratified in 1951, limits a person to two terms as President. Specifically, it states:
"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."
This means:
- A person can be elected President twice (e.g., eight years).
- If a person assumes the presidency (e.g., from Vice President) and serves more than two years of the original president's term, they can only be elected to the presidency one more time.
- If a person assumes the presidency and serves two years or less of the original president's term, they can be elected to the presidency two more times.
The critical point here is that the 22nd Amendment limits a person's eligibility to be elected President, not their ability to serve in other capacities.
The 12th Amendment: Vice Presidential Qualifications
The 12th Amendment sets the qualifications for the Vice President. It states, in part:
"...no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States."
This clause directly links the eligibility for Vice President to the eligibility for President. If someone is constitutionally barred from becoming President, they are also barred from becoming Vice President.
Joe Biden's Eligibility for Vice President
Considering Joe Biden's current and potential future presidential service, here's how these constitutional provisions apply:
- Current Status: Joe Biden is currently serving his first term as President. He has not yet reached the two-term limit imposed by the 22nd Amendment.
- Eligibility for President: Because he has served less than two full terms, he remains constitutionally eligible to be elected President for another term.
- Eligibility for Vice President: Since he is still eligible to be President, he is, by extension of the 12th Amendment, also eligible to be Vice President.
| Constitutional Provision | Role | Key Requirement/Limitation |
|---|---|---|
| Article II, Section 1 | President | Natural-born citizen, 35 years old, 14 years resident |
| 12th Amendment | Vice President | Must meet eligibility for President |
| 22nd Amendment | President | Limited to two elected terms, or maximum 10 years if assuming office mid-term |
Therefore, if Joe Biden were to complete his current term (his first) and then choose not to run for or serve a second term as President, he could theoretically be a candidate for Vice President in a subsequent election, as he would still meet the eligibility criteria for the presidency (having only served one term). The only scenario where he would be ineligible is if he were to serve two full terms as President (or the equivalent under the 22nd Amendment's 10-year rule), thus making him constitutionally ineligible for any future presidential service, which would then disqualify him from the vice presidency.
