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To: olorin

See post #61.


63 posted on 06/04/2004 2:22:02 PM PDT by Frank_Discussion (May the wings of Liberty never lose a feather!)
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To: Frank_Discussion
I see that - and that I was the second to reply to your original assertion.

It comes down to a determination as to what the term "eligible" or "eligibility" means. Does it mean "capacity to be elected" as posited by Eugene Volokh (entry of 3/8/2004 03:23:40 PM)? Or is there a distinction between the terms "election" and "service"? See Bruce G. Peabody, Scott E. Gant, Twice and Future President: Constitutional Interstices and the Twenty-second Amendment, 83 Minn. L. Rev. 565(1999).

As I stated before, I think it is an open question, and not one where it can be stated as a flat assertion that it would violate the Twenty-Second Amendment (as incorporated into the Twelfth Amendment) for a formerly twice-elected President to serve as Vice-President.

70 posted on 06/04/2004 2:42:39 PM PDT by olorin
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