Skip to comments.Bill Clinton in '08! (For Vice President?! Or Arnold?)
Posted on 07/31/2007 5:51:58 PM PDT by 2ndDivisionVet
It is one of the ironies of the 2008 campaign that probably the most popular Democrat and the most electable Republican are both ineligible to run for the presidency. The 22nd Amendment bars Bill Clinton from a third election to the office of president, while the original Constitution renders Arnold Schwarzenegger ineligible for the presidency because he is a naturalized rather than a "natural-born" citizen.
But what about the second position on the national tickets? Could the Republicans and Democrats avail themselves of the charisma and experience of these two leaders by nominating them for the vicepresidency? (Please e-mail your clever double-entendres to the address below.)
Let's start with Gov. Schwarzenegger. Fearful of foreign influence over the new nation, the framers of the Constitution included in Article II, Section 1 the directive that "no person except a natural born Citizen ... shall be eligible to the Office of President." They said nothing about the citizenship of the vice president. Thus, under the original Constitution, Schwarzenegger could have been elected vice president, but he could not have ascended to the top job on the death or removal of the president.
This anomaly was but part of the framers' incomplete explication of the vice presidency -- a failing that has manifested itself in a variety of forms, from John Adams' lament that the Constitution created "the most insignificant office that ever the invention of man contrived" to Dick Cheney's assertion that he occupies an office that stands apart from the three branches of U.S. government.
(Excerpt) Read more at latimes.com ...
Ahnuld is the “most electable Republican”?
When did they legalize dope in California? I must’ve missed the news.
Who writes this unreadable leftist crap?
Arnold is about as “electable” as Rooty. Neither could get much beyond single digits.
-- Amendment XII - Consitution of the United States
He’s saying that an Amendment (22nd) keeps Bill Clinton from a third term, while the constitution itself keeps Arnold off the ticket.
Qualifications for VP are the same as qualifications for President.
Damn, where’s the barf alert on this left coast sputum? LOL
Has the writer of this article ever read the Constitution? This is junk journalism.
I think it's more of what they've been sniffing. Check their noses for brown stuff from the Democrat party.
Maybe the LA Times have discovered Originalism? Or maybe not. Either way, no more Clintoons or Bushes.
Brian Gray is an asshat.
You cant be VP if you cant be P. Those are the rules.
For the asshat LA Times writers:
The Twelfth Amendment to the United States Constitution requires the vice president to meet the same eligibility requirements as the president. That is, the vice president must be at least 35 years of age, a natural born citizen, and a resident of the U.S. for 14 years. The Twenty-second Amendment limits the president to only two terms in office. (Any period of service in the office of president, having succeeded from the vice presidency, counts as one term if it is for two years or more.) Thus, the maximum number of years a person may serve as president is ten years (two full four-year terms and one two-year term having succeeded to the presidency). Once a person is ineligible for the office of president, he is also ineligible for the office of vice president.
Please don't trouble liberal wishcasting with facts. They're so...so...so...inconvenient.
Thirty years ago, this kind of mistake would've never found its way into print. But, back then, journalists actually knew how to do research. And editors actually knew what questions to ask.
Today, we have the internet. And we have Google. And journalists who are simply incapable of any kind of research. >p? However, they are very skilled at promoting the liberal agenda...
Now Hillary could pick Jimmy Carter as a VP!
12th Amendment text:
“But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.”
22nd amendment text:
“Section 1. No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this article shall not apply to any person holding the office of President when this article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this article becomes operative from holding the office of President or acting as President during the remainder of such term.”
He is ineligible for election to a third term, but he is constitutionally eligible to succeed to the presidency after election to the vice presidency.
I believe the framers would have thought that people would naturally understand that if the the Constitution says (forgive my paraphrase):
1. The president must be a natural-born citizen. And . . .
2. The vice president shall assume the office of the presidency in the event of the death or incapacitation of the president.
...that the electoral college would not elect, nor would the Congress certify the placement of a vice president not qualified to be president.
he’s a moron professor
Brian E. Gray is a professor at UC Hastings College of Law.
It does not seem to be a problem since several men from Ohio became President although Ohio was never officially admitted Ohio to the union until 1952. (There were problems with the original petition for statehood so they tabled it until someone discovered the admission was never done). This is a great trivia question. What was the 48th state admitted to the union?
"This dumb ass", as you so delicately put it, can't be bothered to read or understand the Constitution.
Gray is truly and demonstrably a "dumb ass". He should be deeply embarrassed by his public display of stupidity and bias. But, like most "dumb asses", he is incapable of realizing it.
This is a perfect example of the pathetic trade journalism has become.
Bill Clinton is not ineligible to serve as President, he is merely ineligible to be *elected* President. Read the 22nd Am. carefully and see how Congress screwed up in the final drafting of the amendment, thus opening up a loophole that would allow Bill Clinton to accede to the White House if the President died, resigned or was removed and Bill Clinton was next in line.
And the 12th Am merely says that persons ineligible to serve as President are also ineligible to serve as VP, so since the 22nd Am doesn’t declare Bill Clinton ineligible to *serve* as President then he is not ineligible to serve as VP (or be elected VP, for that matter).
So if we want to keep Bill Clinton from serving as President again, we need to make sure he is not elected VP (or Speaker of the House or President Pro Tempore of the Senate, or get confirmed as a member of a Cabinet).
Same thing applies to George W. Bush, by the way.
It's worse. he appears to be an envirormental law professor.Oh, and he went to Berkeley.
Expertise: Environmental Law.
Brian Gray received his B.A., cum laude, in economics from Pomona College in 1976. He continued his education at UC Berkeley, receiving his J.D. from Boalt Hall in 1979. While attending Boalt, he was editor-in-chief of the California Law Review. Professor Gray served as a law clerk to Judge Arlin M. Adams of the United States Court of Appeals for the Third Circuit during the 1979-80 term. He went on to practice at Howard, Rice, Nemerovski, Canady, Robertson & Falk in San Francisco. Professor Gray has served on the Board of Directors of the Berkeley Law Foundation and the Natural Heritage Institute, has chaired the California State Bar Committee on the Environment, and has served as a consultant to the California Law Revision Commission. He has represented a variety of environmental organizations as appellate counsel and recently served as an expert witness in the PG&E bankruptcy. Professor Gray also appeared as an expert on the law of property in the litigation over title to Barry Bonds' 73rd home run. A case involving protection of water quality and endangered species in the Bay-Delta Estuary is currently before the California Supreme Court. Professor Gray teaches Environmental Law as a first-year elective, California Water Resources, Federal and Interstate Water Resources, and seminars on Property Rights and Environmental Regulation and on the American West. He was appointed to the Harry and Lillian Hastings Research Chair for the 1999-2000 academic year. Professor Gray also is the recipient of the Hastings Outstanding Professor award and most recently the William Rutter Award for Excellence in Teaching. Professor Gray's wife, Susan, is a former Assistant United States Attorney. They have two children, Sam and Will.
I dont read it that way.
12th Amendment text:
But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
That means you CANNOT be VP if you are not eligible to be President. Clinton cannot be elected President again. There fore he is INELIGIBLE to be President again. And therefore, he cannot be VP.
The 12th requirement keeps anyone out who is ineligible to be President. That means two termers.
He's a "law professor" and makes it manifestly clear that like most lawyers he has no regard for the Constitution all the way through. Junk journalism, junk law, it's all turning to sh*t thanks to the perversion of the academy.
The 22nd amendment say nothing about serving as President. BUt the 12th precludes those who are ineligible candiates from being VP, thus Clinton could not constitutionally be in a position to 'serve'.
Yep. Cahtah is eligible, and could serve another four years as president if events so ordain. But even Hillary is not so eeevil as to elevate the simpering pussilanimous pr*ck from Plains.
William J. Clinton is most certainly not "Constitutionally ineligible to the office".
He's attained the age of 35 years.
He was born in Arkansas, while it was a State in the Union.
And he's maintained a legal residence within the US for the past fourteen years.
How is he "Constitutionally ineligible"?
He cannot attain the office by election, that's true.
But by succession? It would have been easy to bar this when XXII was drafted, but that was not done.
Suppose George W. Bush were elected to the House, and after a long and distinguished legislative career was elected Speaker.
Then suppose the Presidency were to devolve on the Speaker beacuse of a terrorist attack or natural disaster.
Do you contend that, because Mr. Bush could not be chosen again by the Electoral College that he would not succeed to the office?
Of course he would.
The XXII Amendment does not bar elevation to the Presidency by succession, and there is no way to construe that it does.
Because this is true, the XII Amendment bar does not apply.
If you disagree with the prior paragraph, then we must agree to disagree. If, however, you agree that the 22nd Am. merely disqualifies Bill Clinton from being *elected* president again, then it would be difficult to argue that he may not be elected VP when the 12th Am. only disqualifies from the vice presidency those who are not qualified to *serve* as president (not those who are not qualified from *being elected* president).
The key distinction is between a person ineligible to be *be elected* president and a person ineligible to *serve as* president. Arnold Schwarzenegger is ineligible to *serve as* president, since he’s not a natural-born citizen; by virtue of the 12th Am., he may not serve as Vp, either. Schwarzenegger could constitutionally become Speaker or Secretary of State, though, and if the succession statute made him next in line to the presidency they would have to skip him, as he would not be eligible to serve as president no matter what. I believe that the 22nd Am.’s disqualification is wholly different, and that someone like Bill Clinton or George W. Bush would not need to be skipped over if they were next in line for the presidency, and that similarly they would not be prohibited from being elected VP.
in your example, W would be able to serve as Pres for the resto fo the appointed term and be allowed to run for one elected term. It’s very clear in the 22nd.
Clinton is constitutionally inelgible to be President because he cannot be elected again. The 22nd amendment two term limitation makes Clinton inelgible, by the constitution. This is not hard to understand.
BiLl is the logical choice for VP. No other democrat knows more about vice.
I read the combination of the 12th and 22nd to add having served two terms to the list of dequalifying limits originally specified in Art II: US borne, 35years or older, 14 year resident.
I believe the terms limits in the 22nd are constitutional limits that produce an ineligibility.
“I read the combination of the 12th and 22nd to add having served two terms to the list of dequalifying limits originally specified in Art II: US borne, 35years or older, 14 year resident.
I believe the terms limits in the 22nd are constitutional limits that produce an ineligibility.”
this comes up every year
VP Bill? Depends on Meaning of ‘Elected’
Which means he can't be president. The word elected does not mean what you think it does.
He could run with Bloomberg. They would likely take California and maybe New York.
DGIH, it would be easier to find a cure for herpes than answer the Bill Clinton as vice president question these academic warts threaten us with. What we need is a clinton/activist professors immunization shot. They’re both killing me.
If Bill is Hillarys choice for VP - two things:
1) Both will be looking over their shoulder and Bruce Lindsay won’t know who to work for.
2) The VP’s home will become a brothel.
As the Vice President was originally the candidate who came second in the EC vote for President, the prof's loophole didn't apply
*elected*. Say....Obama ran with hillary as her vp running mate. Say..it’s just two days before the elections, and some unfortunate situation forced Obama to drop out (Spiro Angew, anyone?) at the last minute. Could she name bill as her new running mate? Or another scenario, could hil/obama be elected, obama is forced to step down shortly after the election. Could hillary name bill as her vice president?
This could use a “barf” alert.
they forgot about that part... didn’t they? lol
an environmental law graduate from Berkeley... that explains the stench of stupidity all over this diatribe.
“he is merely ineligible to be *elected* President.”
“Which means he can’t be president. The word elected does not mean what you think it does.”