HILLARY CAN'T CONSTITUTIONALLY BE ELECTED PRESIDENT - OR VICE-PRESIDENT EITHER

Jon Christian Ryter ^ | 06/23/04 | Jon Christian Ryter

[Centurion2000]

bump ... interesting argument ... and thank God.

[dighton]

Quite.

[San Jacinto]

Jon Christian ain't much of a 'Ryter'. It is highly unlikely that the Constitution's use of the male pronoun in referring to the office of the presidency sets up a requirement that the occupant be male. There is ample precedent for reading the word "he" as inclusive of both sexes rather than the more cumbersome "he or she" in the construction of legal documents. In setting up the specific requirements for holding the office, the Constitution is rather specific -- i.e. a natural born citizen over the age of 35 years. If it were intended to restrict the office to males only, then it would have been simple to specify natural born "male" citizens.

On the other hand, I will give Jon Christian credit for rightly pointing out that Orrin Hatch is an idiot. I believe Hatch is a Kennedy democrat who only plays the part of a conservative on TV in order to get elected. His idea of amending the Constitution to allow immigrants to hold the office of President is just one more of his hair brained schemes.

[proud American in Canada]

This article is silly.

Sure, the Founding Fathers may have contemplated male presidents at that time. But there is no way the Supreme Court, in this day and age, would issue a ruling supporting that.

See, there's a little amendment that requires equal protection under the law.... it's been interpreted to preclude discrimination based on sex.

[Congressman Billybob]

This article is such a mismash of undigested constitutional garbage that it is hard to know where to start. Let's just review the election laws under which candidates run for office in the United States.

The election laws under which candidates get on the ballot and run for office are written at the STATE level, not the FEDERAL level. So says the US Constitution. Other than specific requirements such as age, residence and citizenship, under the laws of the states, anyone who is eligible to be a voter is also eligible to be a candidate.

Specifically, that means after the ratification of the XIX Amendment, any native-born woman over the age of 35 (and not barred as a result of being a convicted felon) can register to vote and can also run for President (or Vice President).

It is absolutely amazing to me that an apparently sentient person who can read and write has published an article like this. I urge all FReepers to reject this whole cloth as the nonsense it is.

Congressman Billybob

Latest column, "The Value of Death -- Civilian, 'Senseless," and Combat Deaths."

If you haven't already joined the anti-CFR effort, please click here.

[Orange1998]

Good comment. Also the natural born citizen requirement should be left alone.

[b4its2late]

Hillary! could probably and successfully argue that she is a man, though Webb Hubbell might be able to testify otherwise to that argument.... Eeeewwwwwwww.

[Karyn M. PhD]

In an interesting side note to Ferraro's candidacy in 1984, the Republicans captured 57% of all of the female votes that year. It seems that, other than the diehard party loyalists and feminists, not even the women of America wanted a woman anywhere near the White House—except, perhaps, as First Lady.

This strike anyone else as completely ludicrous?

[looscnnn]

Did you mean suppository?

[Tallguy]

Just try making this argument the morning after Hillary -- God forbid -- is elected and see how far you get.

[Beckwith]

Do you have a synopsis?

[Qwinn]

"It is absolutely amazing to me that an apparently sentient person who can read and write has published an article like this. I urge all FReepers to reject this whole cloth as the nonsense it is."

Way ahead of you. There's a billion and one reasons to reject the idea of Hillary Clinton as President, but her gender is NOT one of them. Nor should we want it to be. I, for one, wouldn't want to give up the possibility of our ever having a Maggie Thatcher for President :)

Qwinn

[Constitution Day]

Thanks.
You know, I only skimmed this, and feel stupider for having done so.

Your friend,
CD

[princess leah]

Above all else, when did the LAW ever STOP the Clintons from attaining their own personal goals? Even if this article were true, the SHE BEAST would simply lie her way right around it until the sheeple believed HER, not the law!

[AndrewC]

See, there's a little amendment that requires equal protection under the law.... it's been interpreted to preclude discrimination based on sex.

That is due to the word "person" in the text. But the fifteenth and nineteenth amendments were required for a reason.

[hosepipe]

[ HILLARY CAN'T CONSTITUTIONALLY BE ELECTED PRESIDENT - OR VICE-PRESIDENT EITHER ]

Bullmushrooms.. Hillary was not an elected official in the white house and if she won the white house Bull Clinton would be 1st gentleman also not an elected public official. Totally legal.. kind of like, Comelot in Dante's Inferno mode.. or Wizard of Oz with a Scared Straight inspired screenplay.. the left wing press would love it..

[malakhi]

And please tell me where the position of First Lady is mentioned in the Constitution, and how that is Constitutionally-mandated service

You could make a case that Hillary, having served two terms as "co-President", is no longer eligible to run. And it would be no less implausible than the "argument by pronoun".

[ServesURight]

Hold your fire...I'm just the messenger here.

[dirtboy]

You could make a case that Hillary, having served two terms as "co-President", is no longer eligible to run.

You could make a verbal argument, but not a legal one. Any such argument would be laughed out of a courtroom.

[Arthalion]

Clinton was quietly querying friendly members of the U.S. Supreme Court to see if they would be inclined to rule that the 25th Amendment prevented a president from serving more than two terms in the White House

Um, the 25th Amendment in no way prohibits a President from serving more than two terms. The 25th deals with the details of discharging a President from office if they are incapacitated or incapable of performing the job, and general succession. You are referring to the 22nd Amendment, passed in 1947 in response to Roosevelts extended stay in the White House, which limits presidents to two terms. If you can't even get THAT basic detail right...

Oh, and there IS a loophole there. There's nothing in the Constitution or the Amendments stating that an elected Vice President has to be eligible for the Presidency. In fact, the ONLY requirements laid out for the VP position constitutionally are that he/she be 35 and a natural born citizen. Since the 22nd Amendment only addresses the ELECTION of a president after two terms, there is actually nothing in any law anywhere that would prohibit Bill Clinton from running as a VP, and then asceding to the presidency after the death of the elected president.

I could have missed something in the Constitution, but I doubt it. It IS still possible for someone to serve unlimited terms in the Presidency, but doing so would require them to be continually elected as VP followed by the deaths of the elected presidents. I don't care for the Clintons, but I doubt they'd go that route.