Bill Clinton COULD BE VICE PRESIDENT. What do you think about THAT?

[in_cog_ni_to]

Scott Gant is a partner with Boies, Schiller & Flexner in Washington. Bruce Peabody is an assistant professor of political science at Fairleigh Dickinson University in Madison, N.J.


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While the political advisability of such a move is subject to legitimate debate, the legal issues are more straightforward. The only serious question about the constitutionality of Clinton assuming the vice presidency relates to the interplay of the Constitution's 12th and 22nd Amendments.

The 12th Amendment was ratified following the election of 1800, which produced sustained electoral uncertainty after Thomas Jefferson and Aaron Burr, Jefferson's designated vice president, received the same number of electoral votes. The election was sent to the House of Representatives, which took 36 ballots to select Jefferson. The 12th Amendment thereafter required that electoral votes be cast separately for president and vice president, and specified that "no person constitutionally ineligible to the office of president shall be eligible to that of vice president of the United States."

A century and a half later, the states ratified the 22nd Amendment, largely as a response to Franklin Delano Roosevelt's four electoral victories. The amendment bars individuals from being "elected to the office of the president more than twice."

The 22nd Amendment is often described as prohibiting an already twice-elected president, such as Clinton, from again serving as president. But the text of the amendment suggests otherwise. In preventing individuals from being elected to the presidency more than twice, the amendment does not preclude a former president from again assuming the presidency by means other than election, including succession from the vice presidency. If this view is correct, then Clinton is not "constitutionally ineligible to the office of president," and is not barred by the 12th Amendment from being elected vice president.<snip>

http://www.csmonitor.com/2006/0613/p09s02-coop.html