22nd Amendment Question
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  22nd Amendment Question
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wilji1090
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« on: March 06, 2011, 08:18:24 PM »

Alright, as we all know, the 22nd Amendment prohibits a president for serving more than two terms thus codifying the tradition set by George Washington. And some presidents like Eisenhower have criticized it immensely.

Now, the 12th Amendment states one who is ineligible to serve as President can't serve as Vice President. The 22nd Amendment merely states election of the Presidency. So it seems to me that qualifications for service in the 12th Amendment is in an entirely different language that the 22nd Amendment.

So my question is, is it entirely possible that a former president such as George W. Bush or Bill Clinton could in theory run as a Vice President and let's say the president resigns or invokes the 25th Amendment could it be possible that a Vice President George W. Bush or Vice President Bill Clinton would be able to seat themselves as the president once again? Here's a better question, if it is indeed possible that the former presidents that have already reached their limits can indefinitely serve as Vice President, what's to say they aren't merely placing figure-head puppet presidents in the oval office?

I'd like to get some thoughts on this if you please?
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Fmr President & Senator Polnut
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« Reply #1 on: March 06, 2011, 08:46:25 PM »

It is theoretically problematic...
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #2 on: March 06, 2011, 09:09:48 PM »

While there are some people who argue that the problematic language of the 12th and 22nd Amendments might allow for that possibility, but politically, I don't think we need to worry about it.  I can't see a person who is constitutionally ineligible to run for President of having any chance of being selected as the Vice-Presidential nominee on any ticket, let alone a ticket where it is obvious that the Presidential candidate will step aside as soon as practicable.  It's one of those loopholes that when we have a Second Constitutional Convention it would be good to fix, but nothing to lose sleep over.
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wilji1090
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« Reply #3 on: March 07, 2011, 03:51:44 PM »

But that's the issue here, there's nothing in the 22nd amendment stating said president can't be a Vice President, and the language of both the 12th and 22nd Amendments can be debated.
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Queen Mum Inks.LWC
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« Reply #4 on: March 09, 2011, 05:31:07 AM »

The language of the 12th doesn't say serve.  It says, "But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States."  Considering that in context, the amendment deals with the election of the VP, it wouldn't really be much of a stretch to interpret this to say that "ineligible to the office of President" means "ineligible to the election of hte office of President" since "eligible to that of VP" is actually being interpreted as "eligible to be elected to that of VP" (unless we're talking about a line of succession, but that's not the overall purpose for the amendment).
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