2016 Postmortem
Related: About this forumNo she didn't!
Hillary Clinton said in an interview out Monday that she has considered her husband as vice president.
It has crossed my mind, Clinton told ExtraTVs Mario Lopez of the prospect of giving former president Bill Clinton a formal role at the White House.
He would be good, but hes not eligible, Clinton explained.
Under the Constitution, he has served his two terms and I think the argument would be as vice president it would not be possible for him to ever succeed to the position at least thats what Ive been told.
http://dailycaller.com/2015/09/14/hillary-clinton-on-bill-as-vp-it-has-crossed-my-mind-video/
I first saw this on a link to Huffpo, but when doing a quick google search, this was one of the first links that came up, so excuse the source. She really did say this.
I'm sorry, but wording it that way, it seems she might actually be pursuing this as a possibility? God, I hope not. Talk about nepotism. I've had enough of the family business of running this country.
hifiguy
(33,688 posts)Series?
Can she GET any more tone-deaf?
Jebus wept.
elehhhhna
(32,076 posts)I mean, abc paid her 600k per year to work part time so she MUST be a precocious brilliant self- made genius. Duh.
99th_Monkey
(19,326 posts)dsc
(52,162 posts)I hire ineligible people all the time.
elleng
(130,974 posts)She's a lawyer, she KNOWS he's not eligible!
6chars
(3,967 posts)This is the operative language of the 22nd amendment:
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.
How does this preclude being elected vice-president after serving two terms as President? And how would it preclude then becoming president again through succession?
Not that this is a good idea, but the language seems pretty straightforward. She is a pretty decent lawyer. I think she's just pulling our leg.
elleng
(130,974 posts)We lawyers LOVE such:
The original Constitution had no requirements for the office of vice president. However, the 12th Amendment, ratified in 1804, said that, "no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States."
So that would mean that a vice president would have to meet the requirements to be president laid out in Article II of the Constitution. Principally, the person would have to be born in the United States, be at least 35 years of age and have been a resident of this country for the preceding 14 years. So far, so good. Maybe a former president, like Bill Clinton, could serve as vice president.
However, the 22nd Amendment, ratified in 1951, said:
22nd Amendment: 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 President more than once.
So this sets up the conundrum. The 22nd Amendment says that Clinton can clearly not "be elected" to the presidency. And the 12th Amendment says that no one can become vice president if they are "ineligible to the office of the presidency."
http://www.factcheck.org/2008/02/vice-president-bill-clinton/
12th amendment (last sentence
But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
Here's the rest of it. Take a DEEP breath before reading:
https://www.law.cornell.edu/constitution/amendmentxii
6chars
(3,967 posts)There is nothing in XXII saying he is ineligible to serve as president, only ineligible to be elected again as president. So the twelfth amendment doesn't apply to him. I do think it would be a horrible idea both strategically and for the democracy, and of course she wouldn't do it. But could you imagine a future president might misuse this by having a puppet run for president and resign immediately after the election? (Sort of but not exactly like Putin and Medvedev). There is a movie script in here somewhere.
elleng
(130,974 posts)HENCE ineligible per 12th amd 'But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.'
https://www.law.cornell.edu/constitution/amendmentxii
Oh yeah, Puting and medvedev.
6chars
(3,967 posts)First it gives a literal analysis, which says, well, yeah kinda. Then gives counter-arguments. Then the fun part (from 2007): On the Late Show with David Letterman, Bill Clinton discussed this scenario in regards to his running as VP for his wife.
Letterman: Now there was a discussion last week, and there is I guess a greater discussion, and there's some confusion, and maybe I'm the only one confused about the eligibility of a man who has been elected twice as President to possibly be named later on the ticket as Vice President. Constitutionally speaking, can that happen?"
Clinton: I don't believe so. There are some people who believe it can, and they have contorted readings of the amendment, the 22nd Amendment. But I believe as a matter of general interpretation, you're supposed to read all the Constitution including all the Amendments as if they were written almost on the same day at the same moment, so they're consistent with one another. And the Constitution says the qualifications for Vice President are the same as those for President. Now you can read that to mean 'to serve,' not 'to run for.' But I just don't believe it's consistent with the spirit of the Constitution for someone who's been President twice to be elected Vice President. I just don't think it's Constitutional. I don't think it's right and I wouldn't want to do that. I'd want to do whatever I could do to be of highest and best use for her, but there are lots of wonderful people out there, including all the people that are running this time would be good Vice Presidents. And, that's just not in the cards.
elleng
(130,974 posts)on the law as well as the policy and implications. Thanks for this, 6chars.
Prism
(5,815 posts)Obviously not serious. No party foul there.
LondonReign2
(5,213 posts)I think she was making a simple joke.
There are a lot of things to criticize Hillary about, but IMO this isn't one.
Tierra_y_Libertad
(50,414 posts)No Sale.
bvf
(6,604 posts)with a similar conceit back when Gore was running and deciding on a VP.
Seemed funnier then, what with the cardboard cut-out talking heads and the Yakety Sax going.
Warren DeMontague
(80,708 posts)is in that veep slot.
That said, she's probably, technically right, although as far as I know it's never come up- i.e. someone in the veep slot potentially running afoul of the 22nd Amendment.
It's an interesting Constitutional question, from an academic standpoint.
Motown_Johnny
(22,308 posts)Just flipping terrible.
Old Codger
(4,205 posts)But I will look it up, I think the term limits for president is that they cannot be elected more than twice... Have to check that..
Seems a little bit ambiguous on that part
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.
zappaman
(20,606 posts)Gonna have to give her props for that!
passiveporcupine
(8,175 posts)And she is an attorney, I figured this had to be a joke, or something on those lines. But without seeing the interview it's pretty brash to come out with this. She has to know this will be held up to roast her with.
If anyone had a clip to the interview, I'd love to see it.
PoliticAverse
(26,366 posts)PoliticAverse
(26,366 posts)to click on dailycaller.com
passiveporcupine
(8,175 posts)It's on CNN, Huffpo, and lots of other sites.
frylock
(34,825 posts)full stop.