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Message
re: Could Bill be Hillary's VP?
Posted on 12/17/14 at 2:50 pm to SpidermanTUba
Posted on 12/17/14 at 2:50 pm to SpidermanTUba
quote:
read the 22nd amendment. It doesn't alter eligibility to the office. It only limits the number of times one can be elected to the office....
Well obviously there is no test case on this.
I assume that the inability to be elected = ineligible and you, presumably, do not. I grant you, it isn't iron-clad; but I think if it came to it, the courts would equate the two.
I am sure there are a bunch of law review articles on it, I just don't care enough to look them up.
Posted on 12/17/14 at 2:59 pm to BigJim
quote:
I assume that the inability to be elected = ineligible
That's obviously not the case, as the Constitution explicitly provides for the possibility a person may attain the office of President by ascending to it. This has happened numerous times in our history.
quote:
I grant you, it isn't iron-clad; but I think if it came to it, the courts would equate the two.
I think the courts will presume the framers of the 22nd amendment actually meant what they wrote. If they had intended to alter eligibility requirements they would have explicitly done so.
This post was edited on 12/17/14 at 3:00 pm
Posted on 12/17/14 at 3:23 pm to weagle99
What difference does it make?
Posted on 12/17/14 at 3:57 pm to lsu480
quote:
What difference does it make?
Interesting Constitutional question to me.
Posted on 12/17/14 at 4:03 pm to Zach
quote:
If she died in Ft. Marcy Park is would be very suspicious.
isn't that where what's his name died?
Posted on 12/17/14 at 5:14 pm to SpidermanTUba
quote:
That's obviously not the case, as the Constitution explicitly provides for the possibility a person may attain the office of President by ascending to it. This has happened numerous times in our history.
Right, but those people would not become VP.
So for example. If Bill Clinton became speaker of the house (and nothing in the Constitution prevents that), if the president and vice president die he could ascend to the presidency and the 22nd would not be a barrier.
But someone does not ascend to the VP. They are elected. And thus I think a more reasonable interpretation would be 22nd does apply the VP.
quote:
I think the courts will presume the framers of the 22nd amendment actually meant what they wrote. If they had intended to alter eligibility requirements they would have explicitly done so
Well that is an interesting point. I really haven't read anything that says what their intent was. Surely it was discussed publicly.
Posted on 12/17/14 at 9:33 pm to BigJim
quote:that's not what the 22nd actually says. Read it again.
And thus I think a more reasonable interpretation would be 22nd does apply the VP.
quote:their intent is made clear by the words of the 22nd amendment.
I really haven't read anything that says what their intent was
Posted on 12/17/14 at 9:55 pm to weagle99
quote:
If she died after taking office, would he be able to serve out her term?
No. If one is ineligible to serve as President, he's ineligible to serve as Vice President.
Posted on 12/18/14 at 6:47 am to BigJim
quote:
I am sure there are a bunch of law review articles on it, I just don't care enough to look them up.
This article is so old that I had to use Archive.org to pull it up, but during the Gore campaign the question of Clinton being put on his ticket as VP was brought up. (At the time) constitutional law professor and vice dean at Columbia Michael C. Dorf seemed to think it was clearly possible: LINK
Agree or disagree, it is an interesting question.
Posted on 12/18/14 at 7:00 am to efrad
It all depends on what the meaning of the word "elected" is.
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