Constitutional Question
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Author Topic: Constitutional Question  (Read 1985 times)
Lincoln Republican
Winfield
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« on: November 07, 2015, 09:21:37 PM »

Can a First Lady constitutionally run for public office while serving as First Lady?

I am assuming there is nothing constitutionally preventing her from doing so.

Am I correct in this assumption?
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #1 on: November 07, 2015, 09:41:57 PM »

No more so than any Federal official, elected or appointed. The only real prohibition is that she couldn't continue as First Lady once she won the Presidency, assuming you meant First Lady of the United States. Someone could be both POTUS and the First Spouse of a State.
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Lincoln Republican
Winfield
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« Reply #2 on: November 07, 2015, 09:49:27 PM »

Yes, I mean First Lady of the United States.

I mean, the wife of the President of the United States running, for example,  as U.S. Senator of her home state or running for Governor of her hone state, while her husband is President.
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H.E. VOLODYMYR ZELENKSYY
Alfred F. Jones
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« Reply #3 on: November 08, 2015, 05:12:11 PM »

Hillary Clinton did just that.
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Lincoln Republican
Winfield
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« Reply #4 on: November 08, 2015, 06:40:13 PM »

True enough, but that was in November of 2000 and she would not be taking office until January 2001, and her husband was leaving the Presidency in January 2001.

My scenario is more like this:

John Smith, Governor of Iowa, is elected President of the U.S. in 1996 and is still in office in 1998.  President John Smith has every intention of completing a four year term.

His wife, First Lady Linda Smith, wants to run for the U.S. Senate from Iowa in 1998.

I'm assuming this would be fine.

Is this assumption correct?

Any constitutional problems with this happening?
 

 
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Vega
Junior Chimp
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« Reply #5 on: November 08, 2015, 07:08:43 PM »

I don't believe the First Lady is ever mentioned in the constitution, and as others have said, yes, it would be.
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Lincoln Republican
Winfield
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« Reply #6 on: November 08, 2015, 10:23:42 PM »

Then the only problems I can see would be the inconvenience of having a sitting U.S. Senator also performing the duties of the First Lady, although in this scenario, it would be awkward to say the least of having someone else perform the duties of the First Lady.

Another problem would be perceived or actual conflicts of interest with Presidential legislation being voted on by the President's wife.
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CrabCake
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« Reply #7 on: November 25, 2015, 10:06:57 PM »

As the First Lady doesn't have to be the President's wife, I assume the role will be filled by someone else.
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Leinad
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« Reply #8 on: November 26, 2015, 04:56:34 AM »

CrabCake's right, others have served as First Lady, see James Buchanan (who was never married, like soon-to-be President Graham) or one of the President's whose wife died before their Presidency, such as Jefferson or Jackson.

Also, I love the idea of someone being the First Spouse of a state AND the President. Like "hey, look, I'm Governor!" "Aw, that's nice, dear, but I just won the Presidency!" "Oh, that's, uh, that's great..." Sounds like a crappy sitcom that gets cancelled after 3 episodes.
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Clark Kent
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« Reply #9 on: November 30, 2015, 09:12:18 AM »

If I recall correctly, Senators take office on January 17. Since the new President doesn't come in until January 20, wouldn't both Bill and Hillary Clinton have been in office at the same time for three days in January 2001?
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #10 on: November 30, 2015, 09:24:56 AM »

Actually Congress takes office January 4, so yes, they were both in Federal office for sixteen days.
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Sir Mohamed
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« Reply #11 on: December 01, 2015, 08:01:29 AM »

Actually Congress takes office January 4, so yes, they were both in Federal office for sixteen days.

Exactly; that's what happend in January 2001 with Hillary,
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