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.
Have to agree with that, see post 60
I would favor an amendment to make spouses of two-term former presidents ineligible for election to national office, as well as closing the loophole for 2-term presidents to regain office thru the vice presidency. But then, I'd favor an amendment to term-limit congressmen . . . almost as much as I'd favor repealing the Seventeenth Amendment.
How about an amendment that forbids spouses (married, separated, or divorced) and kin (legitimate or illegitimate) of impeached Presidents from election to for federal office?
Yes, he is....Consider,the 22nd specifically Forbids anyone that served more than 2 years of another persons term from Being elected to the office more than Once.
That clause equates Election to, and serving in.
Clinton is Ineligible to be Veep. Period.
Plus the legislative history of the Amendment, and it's formula for not more than 10 years EXACTLY (2 years, plus two terms) Serve more than 2 years, (2 years and one day) and you can only seek election to the office once.
The connection between serving in and election to is clear.
I dunno. SCotUS doesn't like to accept a political case where the people have already decided, IMHO. You would have to make the case to the people; if they accepted that fine a reading of the Constitution (and elected the Kerry/Clinton electors) I doubt that the Supreme Court would hear a challenge to it. And the other place it could be challenged would be in the House of REpresenatives. But even tho the Republicans have the majority there, they likely wouldn't overturn an election on that fine a point. That would be partisan, don't you know.The truth of the matter is that it is a question for the state legislatures; they have the authority to name the electors outright, it's there in the Constitution in black and white (and SCotUS proved in '00 that they can read that section). If the legislatures allow the election of electors who will vote for a 2-term president as vp, I think that that would stand thereafter.
So Willy runs for VP anyway; SCOTUS rules 7:2 in favor of the Constitution and against Willy; and for the next four years we have to listen to the Dems whine about how GWB stole the election.
Post his email address, man!!
Everyone send him the 12th amendment.
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