Hill & Bill: The Nightmare on Pennsylvania Ave.

[Abbey Normal]

Thinking about the 2008 Presidential election, this question came to me, and I wonder if any here have any ideas on it. Please try not to heave while reading it.


Scenario: sHrillary is elected President, with Billy as her running mate. sHrillary cannot serve out her full term (i.e., impeachment, death), under the 22nd Amendment, can Billy serve as President again?

Here is Section 1 of the 22nd Amendment:

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.


Wikipedia commentary:
"If a person serving as vice president succeeds to the presidency, and serves for less than two years of the original president's term, he or she may still be elected twice and thus serve a total of ten full years in office..."

So, is the reverse scenario true as well? Can a VP who has already served two terms, who succeeds to the Presidency, then be elected to serve beyond the balance of the former President's term?

Here is further commentary:
"Some have questioned the interpretation of the Twenty-second Amendment as it relates to the Twelfth Amendment, ratified in 1804, which provides that anyone constitutionally ineligible to the office of President is ineligible to that of Vice President: "But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States."

"While it is clear that under the Twelfth Amendment the original constitutional qualifications of age, citizenship, and residency apply to both the President and Vice President, it is unclear if a two-term President could later be elected—or appointed—Vice President. Some argue that the Twenty-second Amendment and Twelfth Amendment bar any two-term President from later serving as Vice President as well as from succeeding to the Presidency from any point in the United States Presidential line of succession. Others contend that that the Twelfth Amendment concerns qualification for service, while the Twenty-second Amendment concerns qualifications for election. Considered opinion though, appears to favour the former view of ineligibility."

"Since the ratification of the Twenty-Second Amendment, no two-term President has later sought to become Vice President, and thus, the courts have never had an opportunity to decide the question."


And remember who was looking to modify the Amendment? That's right; Billy himself:

"Former U.S. president Bill Clinton has recently voiced his opinion in favor of modifications to the 22nd Amendment. According to President Clinton, former presidents who have already served two terms should be allowed to run for the office again, after some interim period has passed. He reasoned the country may wish to trust leadership onto an already tried and proven candidate in times of great need."

http://en.wikipedia.org/wiki/Twenty-second_Amendment_to_the_United_States_Constitution

 

[The ClayTaurus]

Thinking about the 2008 Presidential election, this question came to me, and I wonder if any here have any ideas on it. Please try not to heave while reading it.


Scenario: sHrillary is elected President, with Billy as her running mate. sHrillary cannot serve out her full term (i.e., impeachment, death), under the 22nd Amendment, can Billy serve as President again?

Here is Section 1 of the 22nd Amendment:

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.


Wikipedia commentary:
"If a person serving as vice president succeeds to the presidency, and serves for less than two years of the original president's term, he or she may still be elected twice and thus serve a total of ten full years in office..."

So, is the reverse scenario true as well? Can a VP who has already served two terms, who succeeds to the Presidency, then be elected to serve beyond the balance of the former President's term?

Here is further commentary:
"Some have questioned the interpretation of the Twenty-second Amendment as it relates to the Twelfth Amendment, ratified in 1804, which provides that anyone constitutionally ineligible to the office of President is ineligible to that of Vice President: "But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States."

"While it is clear that under the Twelfth Amendment the original constitutional qualifications of age, citizenship, and residency apply to both the President and Vice President, it is unclear if a two-term President could later be elected—or appointed—Vice President. Some argue that the Twenty-second Amendment and Twelfth Amendment bar any two-term President from later serving as Vice President as well as from succeeding to the Presidency from any point in the United States Presidential line of succession. Others contend that that the Twelfth Amendment concerns qualification for service, while the Twenty-second Amendment concerns qualifications for election. Considered opinion though, appears to favour the former view of ineligibility."

"Since the ratification of the Twenty-Second Amendment, no two-term President has later sought to become Vice President, and thus, the courts have never had an opportunity to decide the question."


And remember who was looking to modify the Amendment? That's right; Billy himself:

"Former U.S. president Bill Clinton has recently voiced his opinion in favor of modifications to the 22nd Amendment. According to President Clinton, former presidents who have already served two terms should be allowed to run for the office again, after some interim period has passed. He reasoned the country may wish to trust leadership onto an already tried and proven candidate in times of great need."

http://en.wikipedia.org/wiki/Twenty-second_Amendment_to_the_United_States_Constitution

I can see the bumber stickers now:

Vote HillBilly in 2008!