Bill Clinton could be president again!

Damocles said:
Read Amendment 12 first.

They both reside in New York. Number 1 reason why he could not run as VP with his wife because the VP and the President candidates cannot reside in the same state.

Amendment 12 ends with...



Bill Clinton is not Constitutionally eligible to be President of the United states because he has already been for two terms and is therefore no longer eligible to run. Because of that, he cannot run as Vice President.

Got it?

He cannot run for Vice President because of limitations on requirements.
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He's not constitutionally eligible to run. It doesn't say he's not eligible to fall into the position.

Got it?
 
While it is clear that under the Twelfth Amendment the original constitutional qualifications of age, citizenship, and residency apply to both the president and vice president, it is unclear if a two-term president could later be elected—or appointed—vice president. Some argue that the Twenty-second Amendment and Twelfth Amendment bar any two-term president from later serving as vice president as well as from succeeding to the presidency from any point in the United States Presidential line of succession. Others contend that while a two-term president is ineligible to be elected or appointed to the office of Vice President, he or she could succeed from a lower position in the line of succession which he or she is not excluded from holding. Others contend that the Twelfth Amendment concerns qualification for service, while the Twenty-second Amendment concerns qualifications for election. Neither theory has ever been tested, as no former president has ever sought the vice presidency, and thus, the courts have never had an opportunity to decide the question.
 
Damo, you see, there are three different constitutional arguments there.

Anyway, I don't see the placard by your name that says "Damo, supreme court justice". You say a lot of stupid things.
 
Hmmm. There is a difference there. The electibility versus the ability to hold office. Ford was never elected, but he held office.

The dopey kid has a point, but back to the original thread, Clinton could not RUN as the veep. But perhaps he could be appointed. It won't happen, but perhaps it could.
 
And in 2012 GW could run as VP with John Ellis Bush and do the same thing.

They might run on the "See I told you it was about oil" platform ;)
 
Watermark said:
He's not constitutionally eligible to run. It doesn't say he's not eligible to fall into the position.

Got it?
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The only way he can fall into the position would be if he were elected as Speaker of the House. Then both the President and the VP died in some horrible accident.
 
Beefy said:
Hmmm. There is a difference there. The electibility versus the ability to hold office. Ford was never elected, but he held office.

The dopey kid has a point, but back to the original thread, Clinton could not RUN as the veep. But perhaps he could be appointed. It won't happen, but perhaps it could.
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It actually covers that as well. Ford could have held office twice more. However, you cannot run as the VP if you are not constitutionally eligible to run as the President. It states so in Amendment 12. Amendment 22 puts constitutional limitations based on how many times you were elected. Since Clinton cannot overcome that limitation he cannot run as VP. Amendment 12 also states that they cannot reside in the same state (Hence Cheney using his Wyoming address as his residence rather than his Texas address) and since the Clintons reside together in New York State they still could not run together.

They could appoint him afterward if the VP resigned or died....
 
Watermark said:
Damo, you see, there are three different constitutional arguments there.

Anyway, I don't see the placard by your name that says "Damo, supreme court justice". You say a lot of stupid things.
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Not really. You cut and paste a paragraph where somebody pretends that there is controversy where there is not.

1. I notice you did not answer the concern that the VP and President cannot reside in the same state.

2. I also notice that this "the SCOTUS hasn't decided" is based on some other person's opinion of what is, not what the danged document says.

The original assertion in the thread was that Clinton could run as VP. Amendment 12 says that if they are not constitutionally eligible to hold the office of President they cannot run as VP. Even though Amendment 22 came later it is still a constitutional limitation. He cannot run as VP.

He could be appointed, if Congress approved that appointment. He could not run.
 
Beefy said:
Hmmm. There is a difference there. The electibility versus the ability to hold office. Ford was never elected, but he held office.

The dopey kid has a point, but back to the original thread, Clinton could not RUN as the veep. But perhaps he could be appointed. It won't happen, but perhaps it could.
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Right, he could not run as VP because of the exclusion cited; however, he could run for the House and even be Speaker of the House, but like Kissinger simply be by-passed in the succession because of the ineligibility.
 
http://64.233.169.104/search?q=cach...ent&hl=en&ct=clnk&cd=4&gl=us&client=firefox-a


But these naysayers would be wrong. The Constitution permits Clinton to be elected vice-president, and if necessary to ascend for a third time to the presidency as careful attention to the language of the 12th and 22nd Amendments shows.

The 12th Amendment would allow a Clinton vice-presidency. Its language only bars from the vice-presidency those persons who are "ineligible to the office" of President. Clinton is not ineligible to the office of president, however. He is only disqualified (by the 22nd Amendment) from being elected to that office.

This is no mere semantic distinction. Article II of the Constitution carefully defines exactly who is "eligible to the Office of President": anyone who is a natural born citizen, at least 35 years old, and has been a U.S. resident for at least 14 years.

For example, Secretary of State Madeleine Albright is ineligible for the office of president because she is a naturalized, rather than a natural born, citizen. Accordingly, the 12th Amendment renders her ineligible to the office of vice-president as well.

But Bill Clinton can serve as vice president, because the 22nd Amendment's prohibition on running for a third presidential term is not a condition of the office of president.

The 22nd Amendment states: "No person shall be elected to the office of the President more than twice, and no person [who has served more than half a term] shall be elected to the office of the president more than once."

The language is quite clear. It places no limits whatsoever on how many terms someone may serve as president, only how many times he can be elected.

In other words, the 22nd Amendment does not set conditions on what the 12th Amendment calls eligibility to the office of president. Anyone who is born here and has lived here for 14 years becomes eligible to be president on his or her 35th birthday and is then so eligible forever.

Thus, if. Clinton were to be elected vice president and ascend to the presidency based on, for example, Gore's resignation, then nothing unconstitutional would have occurred. Clinton would have been elected to the presidency only twice though he would serve as president thrice. Under the 22nd Amendment, that is perfectly permissible.
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Damocles said:
Not really. You cut and paste a paragraph where somebody pretends that there is controversy where there is not.
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Damo, if you'd notice, three different arguments have already appeared in this single article. I think that a former two term president could RUN for vice president. Beefy thinks that he couldn't run for vice president, but he could ascend from the speakership. Trog believes that that the 22nd ammendment bar on running is the same thing as the ineligibilities from holding the office in the original text. That's why I'd like it to be deffered to greater legal minds than ourselves.
1. I notice you did not answer the concern that the VP and President cannot reside in the same state.
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That's because it's clear and obvious that Clinton and Clinton couldn't run together.
2. I also notice that this "the SCOTUS hasn't decided" is based on some other person's opinion of what is, not what the danged document says.
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What it says isn't very clear. Not everything in your golden document is clear.
 
Watermark said:
Damo, if you'd notice, three different arguments have already appeared in this single article. I think that a former two term president could RUN for vice president. Beefy thinks that he couldn't run for vice president, but he could ascend from the speakership. Trog believes that that the 22nd ammendment bar on running is the same thing as the ineligibilities from holding the office in the original text. That's why I'd like it to be deffered to greater legal minds than ourselves.


That's because it's clear and obvious that Clinton and Clinton couldn't run together.


What it says isn't very clear. Not everything in your golden document is clear.
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Bill Clinton himself already stated that he could not run as VP, because it "doesn't work that way" and that he was ineligible even if it wasn't his wife. I tend to think he, and his team, likely thought this one through.
 
Damocles said:
Bill Clinton himself already stated that he could not run as VP, because it "doesn't work that way" and that he was ineligible even if it wasn't his wife. I tend to think he, and his team, likely thought this one through.
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Thanks for citing that brilliant master of American law, Clinton, on a constitutional matter.
 
Why would Clinton want to be VP anyway?

He'd be more powerful if he just ran for the senate, or ran for the house (where he'd certainly be elected speaker).
 
Why are you so desperate to believe that he could run for VP? He cannot. The amendment states that both on the ticket must be eligible to run for President. The later amendment makes it so anybody who has already been elected twice as President cannot run... Therefore he cannot run as VP which was the original question.

Now, questionable areas would include, appointment as VP by the Congress after a resignation, or if he were to be made Speaker of the House and both the Pres and VP were vaporized within seconds.
 
Damocles said:
Why are you so desperate to believe that he could run for VP? He cannot. The amendment states that both on the ticket must be eligible to run for President. The later amendment makes it so anybody who has already been elected twice as President cannot run... Therefore he cannot run as VP which was the original question.

Now, questionable areas would include, appointment as VP by the Congress after a resignation, or if he were to be made Speaker of the House and both the Pres and VP were vaporized within seconds.
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:P

Like I've said before, we'll probably never get an "official" opinion on it, because it would be looked down on, and no president in their right minds would accept an office like that of the VP.
 
Watermark said:
:P

Like I've said before, we'll probably never get an "official" opinion on it, because it would be looked down on, and no president in their right minds would accept an office like that of the VP.
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It would also open huge questions as to who really was the President, especially in a husband/wife scenario.
 
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