Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-91 next last
To: green iguana
Clinton is not constitutionally ineligible for the office of President, he's just ineligible to be elected such. Therefore, he's eligible to be elected Vice-President

Have to agree with that, see post 60

61 posted on 03/03/2004 8:48:57 AM PST by staytrue
[ Post Reply | Private Reply | To 50 | View Replies]

To: PBRSTREETGANG
I hate to say it but the man is right; Clinton is not allowed to be elected to the office of president but is not forbidden to hold the office (as a felon, or a foreign-born, or a person under 35 years of age would be).

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.

62 posted on 03/03/2004 8:52:44 AM PST by conservatism_IS_compassion (Belief in your own objectivity is the essence of subjectivity.)
[ Post Reply | Private Reply | To 10 | View Replies]

To: conservatism_IS_compassion
This so-called "loophole" wouldn't withstand Supreme Court scrutiny for more than a few seconds. I don't think even most of the liberals would go for that kind of tortured logic.
63 posted on 03/03/2004 8:56:26 AM PST by jpl
[ Post Reply | Private Reply | To 62 | View Replies]

To: solicitor77
What I meant to say was that this may be a trial balloon for EITHER of the Clintons to be on the VP slot. Ewwwwwwwww....
64 posted on 03/03/2004 9:32:38 AM PST by NotJustAnotherPrettyFace (Michael <a href = "http://www.michaelmoore.com/" title="Miserable Failure">"Miserable Failure"</a>)
[ Post Reply | Private Reply | To 1 | View Replies]

To: solicitor77
Memo to John Kerry: "Two words -- 'Ron Brown'"
65 posted on 03/03/2004 9:37:20 AM PST by My2Cents ("Well...there you go again.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: conservatism_IS_compassion
"I would favor an amendment to make spouses of two-term former presidents ineligible for election to national office"

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?

66 posted on 03/03/2004 10:14:50 AM PST by A_Niceguy_in_CA
[ Post Reply | Private Reply | To 62 | View Replies]

To: conservatism_IS_compassion
I hate to say it but the man is right; Clinton is not allowed to be elected to the office of president but is not forbidden to hold the 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.

67 posted on 03/03/2004 10:24:36 AM PST by hobbes1 (Hobbes1TheOmniscient® "I know everything so you don't have to" ;)
[ Post Reply | Private Reply | To 62 | View Replies]

To: solicitor77
What's scary about - IT'S RAMPANT STUPIDITY. Clinton cannot run for VP, because that puts him one-heartbeat away from the presidency - AND CLINTON CANNOT BE PRESIDENT AGAIN - THE CONSTITUTION FORBIDS IT.

Whoever wrote this story is just plain ignorant.
68 posted on 03/03/2004 10:26:52 AM PST by CyberAnt (The 2004 Election is for the SOUL of AMERICA)
[ Post Reply | Private Reply | To 1 | View Replies]

To: solicitor77
Kerry would jump into a cage of ravenous pit-bulls wearing nothing but pork chop underwear before he makes Bill VP.
69 posted on 03/03/2004 10:40:23 AM PST by jordan8
[ Post Reply | Private Reply | To 1 | View Replies]

To: JustPlainJoe
PING!!!! I could not have described him better myself.
70 posted on 03/03/2004 10:45:39 AM PST by ChevyZ28 (We can make the plans of our heart, but the final out come is in God's hands.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: punster
For Kerry to select either one of the Clinton's as a running mate for the presidency would be equalized to Ceaser and the ides of March. Beware of the Ides of March John Kerry, Beware!!!!!!!!!!
71 posted on 03/03/2004 10:49:50 AM PST by ChevyZ28 (We can make the plans of our heart, but the final out come is in God's hands.)
[ Post Reply | Private Reply | To 14 | View Replies]

To: solicitor77
Someone fails constitutional law 101
72 posted on 03/03/2004 10:52:10 AM PST by finnman69 (cum puella incedit minore medio corpore sub quo manifestus globus, inflammare animos)
[ Post Reply | Private Reply | To 1 | View Replies]

To: CyberAnt
not too mention, even if Clinton could be VP, if Kerry died the Speaker of the House would become President.

GOP control.
73 posted on 03/03/2004 10:57:28 AM PST by finnman69 (cum puella incedit minore medio corpore sub quo manifestus globus, inflammare animos)
[ Post Reply | Private Reply | To 68 | View Replies]

To: ChevyZ28
I'll bet the compay that holds JFK's life insurance har a whole team of actuaries working around the clock. His rates must go up daily, or at least everytime someone writes an article suggesting that any member of the Clinton family be placed on the Dem ticket.
That aside, this is the scariest article I have read in in a long time. Just thinking about this possibility makes my stomach turn.
74 posted on 03/03/2004 11:38:16 AM PST by rikkir (I thought of a great tag line today...)
[ Post Reply | Private Reply | To 71 | View Replies]

To: jpl
"loophole" wouldn't withstand Supreme Court scrutiny for more than a few seconds.
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.


75 posted on 03/03/2004 12:00:36 PM PST by conservatism_IS_compassion (Belief in your own objectivity is the essence of subjectivity.)
[ Post Reply | Private Reply | To 63 | View Replies]

To: finnman69
Good point!
76 posted on 03/03/2004 12:05:20 PM PST by CyberAnt (The 2004 Election is for the SOUL of AMERICA)
[ Post Reply | Private Reply | To 73 | View Replies]

To: solicitor77
If this were to come about the 2004 election wouldn't be decided until 2008.
77 posted on 03/03/2004 12:06:32 PM PST by Old Professer
[ Post Reply | Private Reply | To 1 | View Replies]

To: PBRSTREETGANG
The same way he would ignore, "...the right of the people to keep and bear arms shall not be infringed."
78 posted on 03/03/2004 12:08:35 PM PST by Old Professer
[ Post Reply | Private Reply | To 10 | View Replies]

To: Howlin
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.

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.

79 posted on 03/03/2004 12:14:39 PM PST by Labyrinthos
[ Post Reply | Private Reply | To 20 | View Replies]

To: PBRSTREETGANG
I sent him an e-mail, but I don't expect to receive a reply.

Post his email address, man!!

Everyone send him the 12th amendment.

80 posted on 03/03/2004 12:16:25 PM PST by MrB
[ Post Reply | Private Reply | To 44 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-91 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson