Politics are Not My Strong Point

Aaron Shurtleff | November 6, 2007
Someone said something the other day that got me thinking. Could Hillary Clinton pick Bill Clinton to be her VP candidate? I know that should she, and whether it smacks of impropriety, are two separate issues, but I was wondering if the politically savvy among us could tell me if there is anything preventing Bill Clinton (constitutionally or otherwise) from serving as the VP, after having already done his two terms as President.

I suspect there is nothing to prevent him from doing so, but I want the people who know to tell me. :) And I guess if it moves into the realm of why Hillary should or shouldn't would be OK, but I really want the question of is there anything preventing it answered. Thanks, all!!

Steve Dunn | November 6, 2007
It's not clear and has never been tested.

The 22nd amendment says that no one can be "elected" president more than twice. This would seem to indicate that it would be OK for Bill to be elected VP and then take over as President if Hillary died. Note, however, I don't think he could run again after finishing Hillary's term.

On the other hand, the 12th amendment says that a person who is constitutionally ineligible to be president (say, is under 35 or not born in the USA) is also ineligible to be VP. It's not clear if this would apply in the context of 22nd amendment term limits.

No former president has ever run for VP so the courts have never had to confront the question.

Tony Peters | November 7, 2007
he is constitutionally ineligible of being the President because he served two full terms which means he can't be the VP either because if she dies he would be president again. now if she were to die with less than 2 years left in her term then under law he could technically serve as president again but he can't legally get to the office that puts him in the position to assume that office

Scott Hardie | November 7, 2007
In the Wikipedia article about line of succession, it mentions that if Carlos Gutierrez or Elaine Chao were to be called upon after the simultaneous deaths of the president, vice president, speaker, and others above them in succession, they wouldn't be able to serve because of their non-natural status, a technicality. I figure that the same would apply to Vice President Bill if President Hillary were to die: He would be passed over in the line of succession.

It's kind of silly speculating on all of this; makes me feel like a Brit trying to keep track of obscure laws of royal succession down to the duchy level. Besides, "president of the senate" and other duties aside, the main function of a VP and the only reason to the public votes for them is to succeed the president in case of emergency. Why nominate someone for that role who can't do so?

Aaron Shurtleff | November 7, 2007
Well, gosh, Scott! Sorry we're cluttering up your site with "silly speculating"!! I can't help it I'm not informed enough to have scintillating conversations to keep the entirety of the goo.tc happy.

:)

Scott Hardie | November 7, 2007
Hey, silly is good. I'm speculating too. :-)

Aaron Shurtleff | November 7, 2007
So, are you saying that people voted Bush/Cheney knowing that Cheney would be President if Bush were to expire?! Now that's the silliest thing I've heard all day! ;)

Amy Austin | November 7, 2007
You know... this has got to be the first time that I'm aware of where a standing VP wasn't seeking their party's nomination for the following presidential election! Do you think that this is because Cheney isn't interested or because he's so reviled that he knows better? Or is he just waiting it out???

Scott Hardie | November 7, 2007
Both, I think. Cheney has worked in presidential administrations for decades and knows he doesn't want the big desk, and even if he did, David Duke would probably have better odds and he knows it. He has said since taking his current office that he would serve the remainder of Bush's term if forced to succeed him as president, but he would not seek election himself.

Erik Bates | November 11, 2007
[hidden by request]

Scott Hardie | November 11, 2007
You know what's a bad idea? Electors.

Not trying to take away from your point, Erik, which is a good one.