General Discussion

Recursion

(56,582 posts) Mon Feb 29, 2016, 06:50 AM Feb 2016

Does any law actually prevent a sitting President from being on the Supreme Court?

The Constitution prevents a legislator from sitting in the Judicial or Executive branches, or a Judicial or Executive officer from taking a seat in the House or Senate, but I can't find anything that prevents a sitting President from also being a SCOTUS Justice.

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Does any law actually prevent a sitting President from being on the Supreme Court? (Original Post) Recursion Feb 2016 OP

There may be nothing in law, but... TreasonousBastard Feb 2016 #1

Certainly not Recursion Feb 2016 #2

Apparently John Marshall was both SecState and Chief Justice at the same time Recursion Feb 2016 #3

Message auto-removed Name removed Feb 2016 #4

Nothing stopping the next president nominating Obama. B Calm Feb 2016 #5

Right, but I mean legally Obama could be both Associate Justice and POTUS, I think Recursion Feb 2016 #6

But could he nominate himself? NT 1939 Feb 2016 #7

Sure; he's an eligible candidate Recursion Feb 2016 #9

Seems others have weighed in. He certainly could nominate FLOTUS, tho. :D nt silvershadow Feb 2016 #8

That would be a good thing for the GOP 1939 Mar 2016 #10

TreasonousBastard

(43,049 posts)

1. There may be nothing in law, but...

Reply to Recursion (Original post)

Mon Feb 29, 2016, 06:54 AM

Feb 2016

what Senate would allow it?

Recursion

(56,582 posts)

2. Certainly not

Reply to TreasonousBastard (Reply #1)

Mon Feb 29, 2016, 06:56 AM

Feb 2016

I was just struck by how that seems to be a lacuna in the Constitution.

Recursion

(56,582 posts)

3. Apparently John Marshall was both SecState and Chief Justice at the same time

Reply to Recursion (Original post)

Mon Feb 29, 2016, 06:57 AM

Feb 2016

So it's not completely unprecedented...

Response to Recursion (Original post)

Name removed Message auto-removed

B Calm

(28,762 posts)

5. Nothing stopping the next president nominating Obama.

Reply to Recursion (Original post)

Mon Feb 29, 2016, 07:22 AM

Feb 2016

Recursion

(56,582 posts)

6. Right, but I mean legally Obama could be both Associate Justice and POTUS, I think

Reply to B Calm (Reply #5)

Mon Feb 29, 2016, 07:22 AM

Feb 2016

The actual limitations are only to the legislature.

1939

(1,683 posts)

7. But could he nominate himself? NT

Reply to Recursion (Reply #6)

Mon Feb 29, 2016, 07:28 AM

Feb 2016

Recursion

(56,582 posts)

9. Sure; he's an eligible candidate

Reply to 1939 (Reply #7)

Mon Feb 29, 2016, 08:08 AM

Feb 2016

He's not a member of the House or Senate, which AFAICT is the only requirement. It wouldn't even have to be a US citizen for that matter.

silvershadow

(10,336 posts)

8. Seems others have weighed in. He certainly could nominate FLOTUS, tho. :D nt

Reply to Recursion (Original post)

Mon Feb 29, 2016, 07:46 AM

Feb 2016

1939

(1,683 posts)

10. That would be a good thing for the GOP

Reply to silvershadow (Reply #8)

Tue Mar 1, 2016, 07:13 AM

Mar 2016

Endless contentious hearings

Major oppo research with embarrassing questions

Final rejection on a party line vote.

Soundbites about the disgrace of nepotism.

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