Bill Clinton could be just the ticket for Kerry

[Manix]

<snip>


With John Kerry's success in Tuesday's primaries, the race for the Democratic nomination for president is all but over -- and speculation about his choice for vice president can now begin in earnest.

John Edwards, Kerry's closest rival , is a proven campaigner and could attract Southern voters. Govs. Evan Bayh of Indiana and Bill Richardson of New Mexico have both regional appeal and executive experience. Dark-horse candidates include former Treasury Secretary Robert Rubin and former Sen. Sam Nunn of Georgia.

Amid this conjecture, however, one name is conspicuously absent: Bill Clinton.


<snip>


The first objection, the constitutional one, can be disposed of easily. The Constitution does not prevent Clinton from running for vice president. The 22nd Amendment, which became effective in 1951, begins: "No person shall be elected to the office of the president more than twice."

No problem. Bill Clinton would be running for vice president, not president. Scholars and judges can debate how loosely constitutional language should be interpreted, but one need not be a strict constructionist to find this language clear beyond dispute. Bill Clinton cannot be elected president, but nothing stops him from being elected vice president.

True, if Clinton were vice president he would be in line for the presidency. But Clinton would succeed Kerry not by election, which the amendment forbids, but through Article II, Section 1 of the Constitution, which provides that if a president dies, resigns or is removed from office, his powers "shall devolve on the vice president." The 22nd Amendment would not prevent this succession.



Houston Chronicle

[silver state d]

1. YMBJ

WTF LOL WHat a come down for the big dog.

Ps YMBJ = you must be joking

[aquart]

2. Yeah, Kerry's ego would really go for that.

Telling the world he can't make it without the Big Dog?

Not the longest day any one of us lives.

[bowens43]

3. This guy is a moron.

The Constitution prohibits Clinton from running. I can't believe the author is actually a professor of law.

From the the 12th Amendment

"But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States."

[onehandle]

4. Give him a break.

Google is very, very hard to use.

;-)

[Mecil]

5. LOL

LOL

[tedoll78]

8. Here we go again..

Where in the 12th amendment does the word "election" appear? Nowhere.

Now note that there are two different routes to the Presidency:
1) election
2) succession

We can agree that the 22nd amendment places limits only on the election route. We can also agree that the 22nd Amendment does not place limits on the succession route. Thus, we can conclude that the Constitution has not completely put-up a roadblock to the Presidency for those who have served two consecutive terms. Since Clinton is indeed eligible to hold the office of President once again (should he get there by succession), he is indeed eligible to be elected to the V.P. spot. Also note that there are no explicit Constitutional term limits on the office of V.P; had the authors of the Constitution (or those of the amendment) wanted such a limit, they could've easily included one.

Had the 12th Amendment read like this, I would agree with you:
"But no person constitutionally ineligible to be elected to the office of President shall be eligible to that of Vice-President of the United States."

The italicized words - not found in the 12th Amendment - are mine. There's a definite difference between being eligible to an office and being eligible to be elected to an office. That's where the heart of the debate exists. The Founding Fothers were skilled legal wordsmiths; had they wanted to make it an election qualification-based limit for the V.P, they could have done so.

[ozymandius]

6. Enough of this drivel.

Clinton cannot be a VP candidate. It is forbidden in the Constitution for anyone who is ineligible to be President to be, alternately, Vice President. Clinton is blanketly ineligible.

[tedoll78]

9. No..

The 22nd Amendment limits only the election path to the presidency.
It does not limit the succession path.
Thus, there is a way for Clinton to get to the Presidency that is consistent with the letter of the law regarding the 22nd Amendment.

Therefore, Clinton is indeed eligible to the office, per the 12th Amendment's limitations. Had the 12th Amendment required the VP be eligible for election to the Presidency, I'd agree with you. But it only requires that he be eligible to hold the office.

[kurtyboy]

7. I can't think of the words to describe this piece

The author of the editorial cannot be too well respected as a law professor if he can ignore enumerated prohibitions in teh Constitution--Its not even shaky!

All I can surmise is that hokey BS like this is an early attemp at stirring fear among the Bush Base--KERRY's thinking about CLINTON for VP--Oh Gawd, four more yaers of Bill!!!!

This little (forgettable) bomb now will pay off later in the GOP game, when they are accusing Kerry of the worst kinds of liberal (in read the implied, "immoral") activism. Don't buy it, don't spread the rumors, keep the message focused on truth.