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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
Should Bubba run on a Kerry ticket, the campaign would have all the integrity of an after-hours burlesque show.

I say -- HAVE AT IT BOZO!

81 posted on 03/03/2004 12:20:16 PM PST by F16Fighter
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To: MrB
Here you go, folks:

stephen.gillers@nyu.edu
82 posted on 03/03/2004 12:21:37 PM PST by MrB
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To: MrB
Thanks. I was just about to post it for you.

(Still no response from the pinhead.)
83 posted on 03/03/2004 12:24:32 PM PST by PBRSTREETGANG
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To: solicitor77
With Bill as Vice President, who would step in to replace the vital work that he is currently doing at his offices in Harlem?
84 posted on 03/03/2004 12:37:37 PM PST by presidio9 (FREE MARTHA)
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To: solicitor77
Bill Clinton cannot be elected president, but nothing stops him from being elected vice president.

And if it came to pass (heaven forbid) that Kerry and Clinton won, Kerry would start each and every day of his presidency yelling at Bill to get the hell out of his chair.

85 posted on 03/03/2004 12:43:15 PM PST by dirtboy (Howard, we hardly knew ye. Not that we're complaining, mind you...)
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To: conservatism_IS_compassion
I stand by my opinion that the "loophole" would never stand scrutiny. Otherwise, somebody could in theory serve as Vice President for the rest of their life, and could also in theory succeed to the Presidency over and over and over again. This simply wouldn't pass muster. The intent of the presidential term limiting Constitutional amendments couldn't possibly be more clear, even if some smart-aleck lawyer thinks he can play word games to get around the intent.
86 posted on 03/03/2004 1:19:38 PM PST by jpl
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To: PBRSTREETGANG
From the article: 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.

You said: "But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States."

I agree. Furthermore, a strict constructionist would point out that originally, there was no "ticket." Of all the people running, the person with the most votes became President, and the next highest vote-getter became Vice-President.

-PJ

87 posted on 03/03/2004 1:30:24 PM PST by Political Junkie Too (It's not safe yet to vote Democrat.)
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To: Howlin
Some of these guys just like to tweak the opposite side I think..... This isn't even worth the paper it's written on
88 posted on 03/03/2004 5:28:34 PM PST by deport (For Sale: Iraqi rifle, never fired, dropped once)
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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."

I withdraw my statement. One of these days I'm going to learn to read the thing all the way through.

89 posted on 03/03/2004 8:42:05 PM PST by Eastbound
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To: rikkir
I agree. This article proves Clinton is the one controlling the Democrat party, and will be for a long time to come. These leftist are brain washed.
90 posted on 03/04/2004 4:23:51 PM PST by ChevyZ28 (We can make the plans of our heart, but the final out come is in God's hands.)
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To: JustPlainJoe
just think about it...i'm sure he would not be unpacked in the VP pad before ketchup boy took a ride in the back of a cadillac station wagon and the moving vans would be called in and ordered to play "moving on up" very loudly on the truck radios.
91 posted on 03/04/2004 4:32:01 PM PST by cajun-jack
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