Earlier today NewMexiKen asked what ever happened to the idea of Clinton as Kerry’s running mate? It was a rhetorical question, but RWC commented that “He isn’t allowed; the VP has to be able to be P.”
As far as I can tell, Clinton is eligible to be President. He just isn’t eligible to be elected President. Here are the operable sections from the Constitution —
Amendment XXII
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.Amendment XII
But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
The plain language of Amendment XXII seems self-evident to me.
So, while I am not really suggesting that Clinton be considered by Kerry (though there are worse choices being mentioned), I would like to learn what I am overlooking in the Constitution if, in fact, RWC is correct and Clinton isn’t allowed to be President again. I’ve seen this question debated before, but have never read what appeared to be a definitive resolution.
This question came up when Al was looking for a running mate. SLATE’S David Newman thought it could happen. http://slate.msn.com/id/1005670/
Clinton is eligible to be vice president.
Read it again.
The clause is exclusionary. It excludes:
A person who was elected president twice–which would include Clinton
AND
A person who has served more than two years of someone else’s term–which does not.
Not that I would want to argue that before THIS supreme court.
I think the phrase following “and” refers to circumstances such as LBJ and Ford. LBJ was elected in 1964 and could have been reelected again in 1968, as he had served less than two years of Kennedy’s term. Ford was never elected, but he served more than two years of Nixon’s term so could only have been elected once. The Amendment did not apply to Truman.