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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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To: solicitor77
The 22nd Amendment, which became effective in 1951, begins: "No person shall be elected to the office of the president more than twice."

Section 1. No person shall be elected to the office of the President more than twice,...

Note the difference?

What is it about these nutjobs that they stopped capitalizing "President" on January 21, 2001?

Not capitalizing "President" is poor grammar. Not keeping the same capitalization when quoting from the Constitution is just stupid.

This "tell" gives me all the information I need to know about this "Law Professor".

21 posted on 03/03/2004 6:32:00 AM PST by bondjamesbond (Never ascribe to evil intent that which can be adequately explained by stupidity.)
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To: solicitor77
Typical scum bag lawyer half truths. From 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.

Since he's ineligible to ELECTION as president, he's ineligible to the office of Veep, THANK GOD.

By the way how easy would ol JF'in K sleep knowing Slick was a heart beat, and a trip to Ft Marcy Park away from the Oral Orifice?
22 posted on 03/03/2004 6:32:03 AM PST by Kozak (Anti Shahada: " There is no God named Allah, and Muhammed is his False Prophet")
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To: solicitor77
If you're looking for a law school, cross NYU off your list.

I guess it all depends on what the meaning of "ineligible" is...

William F. Buckley once suggested that Barry Goldwater could win in 1964 if he had Dwight Eisenhower as his VP running mate. Equally stupid and unconstitutional.

Actually, I think Clinton could get back in if he was Speaker of the House (next in line of succession) and the President and Vice President resigned or died simultaneously. One more reason to keep the Democrats from getting a majority in the House of Representatives.

23 posted on 03/03/2004 6:33:35 AM PST by Verginius Rufus
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To: Howlin
Democrats REALLY suck!

You can say that again!

I hope they don't wake up to the fact that these stoopid tricks they pull energize us even more.

24 posted on 03/03/2004 6:33:49 AM PST by EllaMinnow (The best days of America lie ahead GWB 2/23/04)
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To: solicitor77
Oh that's rich! The wiener-head AKA ketchup boy is going to share the Oval Office (and, of course, Slick couldn't keep his fat face out of there) with X42, the wiener-head in chief. J. Effing Kerry might suck, but I don't think he'll stoop quite that low - willingly.
25 posted on 03/03/2004 6:34:51 AM PST by WorkingClassFilth (DEFUND PBS & NPR - THE AMERICAN PRAVDA)
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To: pdjplano
No way this will happen unless Kerry gets a visit in the middle of the night sometime before he announces.

Any Clinton in line for the presidency is a guarantee that Kerry won't make it alive through his first term, were he to win.

Even the most ardent democrat has to marvel at the actuarial odds of all those people dying around Bill and Hill. Mathematically, the chances of all of that happening to one person is astronomical.
26 posted on 03/03/2004 6:34:54 AM PST by RinaseaofDs (Only those who dare truly live - CGA 88 Class Motto)
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To: Kakaze
Thanks for the clarification. (Do you consider Indiana safe for Bush?)

A few weeks ago we had a discussion about Harold Ford Jr. being selected by Kerry as the VP nominee. We came to the conclusion that he was too young. So, in matters of age the VP has to meet the same qualifications as the Pres. but in matters of term limits the two have different qualifications?
Maybe, but it sounds strange.
27 posted on 03/03/2004 6:35:34 AM PST by KJacob
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To: solicitor77

Why do I suspect Stephen Gillers wet his pants when he wrote this...


28 posted on 03/03/2004 6:35:46 AM PST by Fintan (Someday we''ll look back on this and plow into a parked car...)
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To: solicitor77
When is everyone going to realize that Hillary wants to be president in 2008.

There is no way that they will allow John Kerry to win this election. There is no way they will give up control of the Democratic Party. There is no way that Bill Clinton is going to help Kerry prevent Hillary from becoming President in 08.

29 posted on 03/03/2004 6:38:11 AM PST by Fishface
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To: solicitor77
Gillers must have missed Amendment #12 ;"But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States."
CASE CLOSED!
30 posted on 03/03/2004 6:38:56 AM PST by BOOTSTICK
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To: solicitor77
It wont be Bill. He could have as much control over the party and White House by having Hillary serve as Veep. That way he wouldnt have to take the step down to Vice President. Also haveing Hillary run, if the ticket looses, Bill is not embarrassed and Hillary is top contender for 2008.
31 posted on 03/03/2004 6:40:50 AM PST by Dave S
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To: KJacob
" (Do you consider Indiana safe for Bush?) "

I used to but in this state nothing is certain. There seems to be a strange penchant for dems here anymore. You can especially see it in our senators Bayh is outfront as a dem, but Lugar has acted like his whipping boy since his election, Our "senior" senator is no more than a puppet, and he keeps being re-elected.

32 posted on 03/03/2004 6:43:22 AM PST by Kakaze
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To: Howlin
Gay Marriage Sucks.

CG
33 posted on 03/03/2004 6:43:57 AM PST by Conspiracy Guy (The word "Tagline" needs to be added to Free Republic's Spell Check.)
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To: PBRSTREETGANG
How does this "law professor" address the last line of the Twelfth Amendment?

That's what makes this article so alarming. If this man teaches law, then he knows better. The Dems want to make "law" on the run, we're a democracy don't ya know and can vote for what we want? This man has an agenda and is willing to lie about the content of our constitution to plant a seed in people's minds. Every since Toricelli was allowed to sneak off the NJ ticket, I've been suspicious that more open season than usual was upon our constitutional republic. Beware all!

34 posted on 03/03/2004 6:45:13 AM PST by twigs
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To: solicitor77
Right. Kerry wants The Intern President on his ticket. Where do people come up with these boneheaded notions??
35 posted on 03/03/2004 6:46:20 AM PST by veronica ("America will never seek a permission slip to defend the security of our people." GW Bush 1-20-04)
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To: Phlap
Booba is a wienie and wienies will do anything. If this could get him back in the White House as President at some point or save Hitlery(I still think she is going to run)he would do this. I mean, this man has absolutely no character and nothing to lose. He thinks he is God. It's just too bad that he has not gone to jail. That would one of the things that would bring a halt to him. That goes for Hitlery too.

Of course, these two are real good at diverting attention to what is really matters.
36 posted on 03/03/2004 6:46:22 AM PST by freekitty
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To: solicitor77
There just might be something to this. "IF" these liberal/communists think there is a shot in Aell they can win there will be a "clinton" on the ticket.

By the way JFKerry looked really ill last night, "frail", "gaunt", and weak. We really need to see his records, to know if he is "healthy" to keep "FIGHTING".
37 posted on 03/03/2004 6:48:21 AM PST by Just mythoughts
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To: PBRSTREETGANG
"But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States."

It's the Mobius Strip of the Constitution. Just when you think you understand it, it flip-flops right before your eyes.

38 posted on 03/03/2004 6:48:44 AM PST by Eastbound
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To: Coop
Exactly my thoughts. Klintooon would do anything, and I do mean anything, to get back in control of the WH. I don't think Kerry is that stupid......or is he?
39 posted on 03/03/2004 6:50:14 AM PST by mrtysmm
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To: Verginius Rufus
That's frightening! If we hear the former president begin to extoll the virtues of John Quincy Adams, then look out!
40 posted on 03/03/2004 6:50:59 AM PST by twigs
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