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Bill Clinton could be just the ticket for Kerry
Houston Post ^ | March 2, 2004 | Stephen Gillers

Posted on 03/03/2004 6:05:38 AM PST by solicitor77

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 [and who is expected to officially withdraw from the race today], 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.

Clinton's strengths would compensate for Kerry's weaknesses almost perfectly. Not only is Clinton the most talented campaigner of his generation, but he is also a Southerner -- and since 1948, when Harry S. Truman chose Sen. Alben Barkley of Kentucky as his running mate, every successful Democratic ticket has included a citizen of a Southern state.

Besides, people might even pay to watch Bill Clinton debate Dick Cheney. So why not?

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.

So much for the constitutional obstacles. The political ones may be more formidable. They can be summarized in two questions: Would Clinton want the job -- and would Kerry want him to take it?

We won't know until we ask, of course. But before asking, we might cite some compelling reasons for both men to consider a Kerry-Clinton ticket seriously.

For Clinton, the appeal of the vice presidency is both political and personal. First, he could help his party win. Yes, Clinton remains a divisive figure in American politics -- but not so much among Democrats. And surely many voters long for the strong economy and economic stewardship that was one of the hallmarks of his administration.

Second, he could burnish his legacy. In exchange for joining the ticket, Clinton could negotiate for plum assignments as vice president. Mideast peace? National health care? Racial equality? He could focus on any or all of them.

And from a purely personal standpoint, it might be especially gratifying for Clinton to be part of the team that defeats the man who four years ago promised to restore "character" to Clinton's own White House.

The only remaining question, then, is what Kerry thinks of all this. Judging from recent debates, there's little chemistry between Kerry and Edwards.

But Kerry and Clinton would seem to have much in common; they are nearly the same age, worked with each other in Washington for almost a decade and have a shared interest in foreign affairs.

For Kerry, the question may well come down to whether adding Clinton to the ticket would appreciably increase his chances of victory. A couple of polls should give him the answer fast enough. If the results are good, the course is clear: Bring him on.

Gillers is a professor of law at New York University.


TOPICS: Constitution/Conservatism; Editorial; Politics/Elections
KEYWORDS: 2004; clinton; clueless; kerry; veep; vicepresident; x42
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This article would be hilarious, were it not so scary.
1 posted on 03/03/2004 6:05:38 AM PST by solicitor77
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To: solicitor77
When I saw the headline I thought it was a joke. I was right.
2 posted on 03/03/2004 6:07:07 AM PST by Phlap
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To: solicitor77
Won't happen.

CG
3 posted on 03/03/2004 6:15:17 AM PST by Conspiracy Guy (The word "Tagline" needs to be added to Free Republic's Spell Check.)
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To: solicitor77
Clinton would never do it. The Dems are headed for defeat this November and he knows it and he can't risk his precious legacy.
4 posted on 03/03/2004 6:15:28 AM PST by The G Man (John Kerry? America just can't afford a 9/10 President in a 9/11 world. Vote Bush-Cheney '04.)
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To: solicitor77
John Kerry is not suicidal.
5 posted on 03/03/2004 6:15:58 AM PST by Coop ("Hero" is the last four-letter word I'd use to describe John Kerry)
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Comment #6 Removed by Moderator

To: solicitor77
I think democrats are more ashamed of the Clinton years than they are willing to admit.
7 posted on 03/03/2004 6:17:52 AM PST by cripplecreek (you win wars by making the other dumb SOB die for his country)
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To: solicitor77
Hillary I can see, but Bill? It would make the campaign interesting for sure, and many would completely forgive anything Bush has done and go vote against Kerry/Clinton... Talk about energizing the right. The left is already energized, if they stab at the right, it will be a big mistake, IMO.
8 posted on 03/03/2004 6:17:59 AM PST by pdjplano
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To: solicitor77
The Dems could have a chance with the Kerry/Clinton ticket. A real chance.
But, I agree - It'll never happen. Bill Clinton will NOT be number 2 man, no way, no how.

(he's already number 2 in my book though - a HUGE pile of it) :-)
9 posted on 03/03/2004 6:19:22 AM PST by JustPlainJoe
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To: solicitor77
How does this "law professor" address the last line of the Twelfth Amendment?

"But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States."
10 posted on 03/03/2004 6:20:16 AM PST by PBRSTREETGANG
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To: Conspiracy Guy; deport
This is preposterous.


Doesn't this author know that by law, Clinton cannot be in ANY position to EVER be president again?
11 posted on 03/03/2004 6:20:20 AM PST by Howlin (Just another unrepentant Bush supporter.)
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To: solicitor77
"Govs. Evan Bayh of Indiana"
Since when?????
I thought he was in Congress.
12 posted on 03/03/2004 6:21:34 AM PST by KJacob
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To: redlipstick
Look! Now THIS guy wants to change (read "ignore") the laws so Clinton could be the vice presidential nominee!

Democrats REALLY suck!
13 posted on 03/03/2004 6:21:48 AM PST by Howlin (Just another unrepentant Bush supporter.)
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To: solicitor77
If Kerry selects either of the Clinton's for a running mate, it a good indication of suicidal tendencies. If a Kerry/Clinton ticket were to get elected, there is a high probability that we would wake up one morning to find that Kerry had committed arkancide.
14 posted on 03/03/2004 6:22:28 AM PST by punster
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To: PBRSTREETGANG
Exactly. I wrote a letter to the NYT about this already. There is an argument that the 22nd amd. only prevents people from running, not from serving (as through a VP succeeding a dead, resigned, or impeached pres), but that isn't the argument Gillers made.
15 posted on 03/03/2004 6:22:55 AM PST by kalt
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To: cripplecreek
IF, these a-holes were right, NOTHING would prevent some demorat clinton-lover from running as a shadow president. His platform would be, vote for me and I'll resign. Billy boy will be prez again and he can name me as his veep. Of course in todays world....could happen.

I know that wives of ineligible governors have run before with the understanding that the ineligible person would "really" be governor......in TEXAS I think.

Clinton has been looking for a loophole ever since he had to leave office.....he may find one!

16 posted on 03/03/2004 6:23:15 AM PST by cb
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To: KJacob
" "Govs. Evan Bayh of Indiana" "

Now Senator bayh, god help us if he does for the country what he did for Indiana. We are in the midst of job loss at least a billion dollar deficit and the tail end of bayhs legacy 2 terms of evan and now 2 terms of his sucessor Frank O'bannon / Joe Kernan. I hate to speak ill of the dead but O'bannons 6 years were even worse than bayhs. This state is a mess.

17 posted on 03/03/2004 6:25:40 AM PST by Kakaze
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To: Howlin
If Kerry pulled a Vince Foster, Bill would be President which he cannot be again ever. Praise the Lord.

CG
18 posted on 03/03/2004 6:26:03 AM PST by Conspiracy Guy (The word "Tagline" needs to be added to Free Republic's Spell Check.)
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To: solicitor77
Won't happen, slick would DOMINATE the ticket..to much ego here. Besides it would cost them what little Vet vote hanoi john is getting. Imagine a hanoi john/draft dodger ticket?
19 posted on 03/03/2004 6:28:52 AM PST by GailA (Millington Rally for America after action http://www.freerepublic.com/focus/f-news/872519/posts)
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To: kalt; Condor51
Ahem:

From Condor51 on another thread:

The Twelfth Amendment is pretty clear. It is the amendment that talks about how the Electoral College meets and chooses the pres and veep. The last sentence: But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

20 posted on 03/03/2004 6:31:59 AM PST by Howlin (Just another unrepentant Bush supporter.)
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