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In reply to the discussion: How about a Biden-Obama ticket? It can be done [View all]sl8
(13,767 posts)47. Why the Constitution permits a Gore-Clinton ticket - August 1, 2000
From , http://www.cnn.com/2000/LAW/08/columns/fl.dorf.goreclinton.08.01/
Why the Constitution permits a Gore-Clinton ticket
August 2, 2000
By Michael C. Dorf
(vice dean and professor of law at Columbia University, where he teaches civil procedure and constitutional law. He is the co-author, with Laurence H. Tribe, of the book "On Reading the Constitution." Michael C. Dorf is also a FindLaw contributor.)
...
Prognostication aside, the prospect of a Gore-Clinton ticket raises an interesting constitutional question: Can a man who has been president for eight years be elected and serve as vice-president?
Language of the 22nd Amendment
Tremulous Republicans and other naysayers will no doubt claim that the 22nd Amendment would bar a Clinton vice-presidency. This amendment, enacted after FDR was elected president for the fourth time, imposes a two-term limit on presidential candidates
...
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.
...
August 2, 2000
By Michael C. Dorf
(vice dean and professor of law at Columbia University, where he teaches civil procedure and constitutional law. He is the co-author, with Laurence H. Tribe, of the book "On Reading the Constitution." Michael C. Dorf is also a FindLaw contributor.)
...
Prognostication aside, the prospect of a Gore-Clinton ticket raises an interesting constitutional question: Can a man who has been president for eight years be elected and serve as vice-president?
Language of the 22nd Amendment
Tremulous Republicans and other naysayers will no doubt claim that the 22nd Amendment would bar a Clinton vice-presidency. This amendment, enacted after FDR was elected president for the fourth time, imposes a two-term limit on presidential candidates
...
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.
...
More at link.
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That's interesting. I hadn't read the second part of that amendment before.
CaliforniaPeggy
Jul 2018
#3
Yup, the VP must qualify as President... BUT, there's another Obama who's available...
InAbLuEsTaTe
Jul 2018
#37
Pretty sure you have to be constitutionally eligible for the Presidency to be VP.
MrsCoffee
Jul 2018
#6
Ironically this is what Putin did to get around the prohibition to follow yourself.
grantcart
Jul 2018
#11
"Nothing can bring back the hour...Of splendour in the grass" Wordsworth nt
Honeycombe8
Jul 2018
#20
Why would PBO put himself through that again? He had enemies on the left & right.
Tarheel_Dem
Jul 2018
#42
why would Obama do this? I don't hink he would want to put his family through this again.
DrDan
Jul 2018
#46