Would and/or Should Hillary choose Bill as VP

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Discuss

[retromike22]

Wouldn't/Shouldn't/Thisisdumb

[Rocky Rockefeller]

Wouldn't/Shouldn't/Couldn't because the constitution says she can't

[Vega]

Wouldn't/Shouldn't/Couldn't because the constitution says she can't

There is nothing barring her from doing so, but he would be constitutionally ineligible from succeeding her in the event of death/resignation  - that would go to the Speaker.

[Orser67]

I don't think that Hillary would or should selected Bill as VP.

but he would be constitutionally ineligible from succeeding her in the event of death/resignation  - that would go to the Speaker.

That's not clear either. The text of the amendment says "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."

[cinyc]

I don't think that Hillary would or should selected Bill as VP.

but he would be constitutionally ineligible from succeeding her in the event of death/resignation  - that would go to the Speaker.

That's not clear either. The text of the amendment says "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."

The last sentence of the Twelfth Amendment states that "no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States."  If you are constitutionally ineligible to be elected President because you've already been elected twice, you can't be elected Vice President, either.

[Mr. Morden]

I don't think that Hillary would or should selected Bill as VP.

but he would be constitutionally ineligible from succeeding her in the event of death/resignation  - that would go to the Speaker.

That's not clear either. The text of the amendment says "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."

The last sentence of the Twelfth Amendment states that "no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States."  If you are constitutionally ineligible to be elected President because you've already been elected twice, you can't be elected Vice President, either.

I believe Bill is eligible to serve as president again.  He just can't be elected president again.  The 22nd Amendment talks about being elected president, not serving as president.  Thus, I do think he could be elected VP, and become president via the death or resignation of the sitting president.

[cinyc]

I don't think that Hillary would or should selected Bill as VP.

but he would be constitutionally ineligible from succeeding her in the event of death/resignation  - that would go to the Speaker.

That's not clear either. The text of the amendment says "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."

The last sentence of the Twelfth Amendment states that "no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States."  If you are constitutionally ineligible to be elected President because you've already been elected twice, you can't be elected Vice President, either.

I believe Bill is eligible to serve as president again.  He just can't be elected president again.  The 22nd Amendment talks about being elected president, not serving as president.  Thus, I do think he could be elected VP, and become president via the death or resignation of the sitting president.

Bill Clinton is constitutionally ineligible to be elected President.  Therefore, he is ineligible to be elected Vice President.  Otherwise, it would be really easy for someone to become President-for-life by continuously being elected Vice President to a strawman President who immediately quits upon gaining office.  That undermines the spirit of the 22nd Amendment - and the letter of the 12th.

[Mr. Morden]

Bill Clinton is constitutionally ineligible to be elected President.  Therefore, he is ineligible to be elected Vice President.

I agree with the first sentence, but not the second.  He's eligible to serve as president again, but not via election to the presidency.  I don't think that makes him ineligible to be elected VP.

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Yeah, I think it's a loophole.  In any case, this has been discussed on this forum many time, and people always disagree on the question.  E.g.:

https://uselectionatlas.org/FORUM/index.php?topic=56645.5

[○∙◄☻¥tπ[╪AV┼cVê└]

Bill could be VP, but it would be a terrible idea. Of course he's eligible. If he was Speaker of the House, and the President and VP died, he'd become President. So he can be elected VP.

[CountryClassSF]

I would not vote for the ticket

[Samantha]

The constitutionality question would be a big issue in the electoral college. Hillary and Bill's would be Republican electors would use it as an excuse to refuse Bill Clinton electoral votes on the VP ballot.

[beaver2.0]

Wouldnt/Shouldn't/Can't.

[Suburbia]

No. He'll be First Gentleman if Hillary is elected.

[Publius]

Ineligible to be both. I then briefly considered him serving in her cabinet, making him part of the presidential line of succession. However, he still couldn't become president that way, just like someone under 35 or not a naturally born US citizen couldn't, even if they were in the cabinet, like former Labor Secretary Elaine Chao.

[The Other Castro]

Ineligible to be both. I then briefly considered him serving in her cabinet, making him part of the presidential line of succession. However, he still couldn't become president that way, just like someone under 35 or not a naturally born US citizen couldn't, even if they were in the cabinet, like former Labor Secretary Elaine Chao.

As Morden said, this discussion has been had on the Consitution and Law page showing that he is in fact eligible to serve. He is not eligible to be elected, which is a huge difference. Eligible to serve is being 35+, natural born citizen, resident for 14+ years. Eligible for election is not having been elected twice already (or once and more than half of another term through succession). He could be elected VP as he only needs to meet the eligibility requirements to serve, not to be elected.

[pbrower2a]

22nd Amendment -- no person shall serve as President who has served two terms as President. No person shall be Vice-President who is ineligible to be President.

[TDAS04]

Obviously not.

[Lincoln Republican]

Absolutely.

The only thing better for America than one Clinton in office would be two Clintons in office at the same time.

Let the good times roll.

[The Other Castro]

22nd Amendment -- no person shall serve as President who has served two terms as President. No person shall be Vice-President who is ineligible to be President.

Incorrect, the 22nd Amendment says "No person shall be elected to the office of the President more than twice."

12th Amendment: "No person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the United States."

The 12th Amendment notes ineligibility to the office, but not to election to the office. The only eligibility requirements for serving in said office are found in Article II, Clause 5 of the Consitution, which are listed as being a natural born citizen, 35 or older, and 14 years a resident.

[Amenhotep Bakari-Sellers]

Bill, will appear in spots to drive out base, limited.

But, Hillary should win this on her own.

[Rocky Rockefeller]

22nd Amendment -- no person shall serve as President who has served two terms as President. No person shall be Vice-President who is ineligible to be President.

Incorrect, the 22nd Amendment says "No person shall be elected to the office of the President more than twice."

12th Amendment: "No person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the United States."

The 12th Amendment notes ineligibility to the office, but not to election to the office. The only eligibility requirements for serving in said office are found in Article II, Clause 5 of the Consitution, which are listed as being a natural born citizen, 35 or older, and 14 years a resident.

So he can be elected, but he can't serve?

[Indy Texas]

The constitutionality question would be a big issue in the electoral college. Hillary and Bill's would be Republican electors would use it as an excuse to refuse Bill Clinton electoral votes on the VP ballot.

It would be pretty easy for Bill to create a nominal residence in, say, Arkansas, with Hillary being from New York.

Dick Cheney registered in Wyoming before becoming Bush's running mate even though he'd been living in Texas for nearly a decade.

[○∙◄☻¥tπ[╪AV┼cVê└]

22nd Amendment -- no person shall serve as President who has served two terms as President. No person shall be Vice-President who is ineligible to be President.

Incorrect, the 22nd Amendment says "No person shall be elected to the office of the President more than twice."

12th Amendment: "No person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the United States."

The 12th Amendment notes ineligibility to the office, but not to election to the office. The only eligibility requirements for serving in said office are found in Article II, Clause 5 of the Consitution, which are listed as being a natural born citizen, 35 or older, and 14 years a resident.

So he can be elected, but he can't serve?

Bill Clinton can become President again. He just can't be elected directly to the office.

[WVdemocrat]

22nd Amendment -- no person shall serve as President who has served two terms as President. No person shall be Vice-President who is ineligible to be President.

Incorrect, the 22nd Amendment says "No person shall be elected to the office of the President more than twice."

12th Amendment: "No person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the United States."

The 12th Amendment notes ineligibility to the office, but not to election to the office. The only eligibility requirements for serving in said office are found in Article II, Clause 5 of the Consitution, which are listed as being a natural born citizen, 35 or older, and 14 years a resident.

My brain hurts.