CNN: Bill Clinton VP Contender (What Constitution?)

CNN/Drudge ^

[Republican Red]

On CNN's website, Bill Clinton is listed as a VP Contender with the ending sentence in his credentials as follows:

CNN:
While federal law prohibits a person from seeking a third presidential term, the Constitution does not specify whether or not a former commander in chief can become vice president.

U.S. CONSTITUTION:
But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

[cripplecreek]

I commented on the list in a local group. Heres the liberal response.

http://www.cnn.com/2000/LAW/08/columns/fl.dorf.goreclinton.08.01/

Because CNN says so.

[Rider on the Rain]

"No person shall be elected to the office of the President more than twice...."

You're right, and I've wondered about that for some time. Can the Secretary of State who is not natural born become President, if the President, Vice President, Speaker of the House, and President Pro Tem of the Senate all resign? He would not be elected but his office would be next in line.

[ScottFromSpokane]

Right. It's absolutely clear. He can't be elected to the office of President. But it doesn't say that no one can serve as President who has been elected twice before.

Contrast that with Article II's statement of eligibility: "No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States." (My italics)

[ScottFromSpokane]

No, because (see my previous post), the eligibility requirements in Article 2 specifically state the requirements to be "eligible to the office," while the 22nd Amendment merely defines how many times one can be "elected to the office."

[sc2_ct]

Actually, what the 22nd Amendment says is: "No person shall be elected to the office of the President more than twice...." (My italics)

So there's a legitimate argument that one can Constitutionally succeed to the office of President, even if one has previously been elected twice.

Yes, but there is a maximum 10 years in office. If Kerry tripped on his chin and died after only one year in office, that would put clinton pulling 11 years, hence he is inelligible.

[Hotdog]

Does this mean that if Kerry were to die Clinton couldn't take office? If thats the case then why even have a VP!

[ScottFromSpokane]

I think I know where you get the "ten years" thing, but I don't believe it's actually in the Constitution. It comes from the possibility of serving two years of an unexpired term, plus two terms of one's own, for a total of ten years.

[Hotdog]

he would be elected to the VP postion...

[PISANO]

I am sure that some 9th Circuit Judge will rule that the 12th isn't worded CORRECTLY to prevent Clinton from being the Vice-President NOR the POTUS in case of Effingkerry's demise, based on the 22nd.

[Use It Or Lose It]

Chris Matthews misses his oratorical skills.

You sure that isn't oral skills?

Actually, this is not beyond the realm of possibility. The Dims love Bubba, it would put them into a permanent orgasmic state. If he won (which he won't), Kerry would suddenly find a reason to not run in '08, Bubba the LoveSponge couldn't run, so it would be prime time for Hillary the Hateful. Think twice before you dismiss this diabolical plan.

[CFC__VRWC]

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

Our reaction to this shows clearly why we conservatives are too stupid and closed-minded and mentally unbalanced to ever be allowed to have any kind of power. We just don't grasp the nuances in that phrase like the people who argue about what the meaning of "is" is do.

[Rider on the Rain]

You're right again. Thanks for clearing that up.

[sittnick]

This has nothing to do with whether we like Clinton or not. The Constitution does not prevent him from being elected Veep, or assuming the presidency if something ... ummmm, happens to the prez.

If we can prohibit him (or any president who cannot be elected) from running, couldn't we also prevent a former president who might be in the line of succession (e.g. cabinet official) from taking the office as theoretically all the ones ahead of him can die or resign?

In any event, adding Clinton to the mix would only lose Kerry votes.

[admiralsn]

Yes, but see the 12th Amendment- last line.....

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

[AuH2ORepublican]

"Actually, what the 22nd Amendment says is: "No person shall be elected to the office of the President more than twice...." (My italics)

So there's a legitimate argument that one can Constitutionally succeed to the office of President, even if one has previously been elected twice."

---

Absolutely correct. Either because of poor drafsmanship or intentional nuance, the 22nd amendment merely prohibits a person who has been elected president twice (or who has been elected once and served as president for over 2 years of someone else's term) from being *elected* president again. It does not prohibit such person from *becoming* president because of the line of succession (as opposed to someone who is not a natural-born citizen, who would have to be skipped over if he was next in line---had the president, VP, Speaker and president pro tem all died while foreign-born Henry Kissinger or Madeline Albright served as Secretary of State, they would have been skipped over and the Secretary of the Treasury would have become president). If Bill Clinton was Speaker of the House and both the president and VP died, the current succession statute would make him president, and the 22nd Am. wouldn't stop it.

On the other hand, the 12th Amendment says that no person constitutionally ineligible to the presidency shall be eligible to that of the vice presidency, and some people argue that if you are ineligible to be *elected* president, you should be ineligible to be *elected* VP. But that's not what the 12th Am. says---only if you are ineligible to *become* president are you ineligible to *become* VP, and the amendment does not require any additional qualifications for being elected VP. So Clinton could be constitutionally elected VP, and if the president died he would become president again. It's not going to happen, but it's not unconstitutional.

[ScottFromSpokane]

Yes. That's the point. The 22nd Amendment says nothing about "ineligibility to the office of President."

[Positive]

Correct and correct.

[admiralsn]

But wouldn't the "10 years total" thing, found in the 22nd Amendment, make him ineligible?

[Positive]

As I've read the two amendments, what they mean to me is that Clinton could become President if he were Vice-President, but then he could not run for re-election.

[admiralsn]

Nevermind, I see now.