Can a two term president be elected vice president? (user search)
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  Can a two term president be elected vice president? (search mode)
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Question: ...
#1
Yes
 
#2
No
 
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Total Voters: 37

Author Topic: Can a two term president be elected vice president?  (Read 189836 times)
A18
Atlas Star
*****
Posts: 23,794
Political Matrix
E: 9.23, S: -6.35

« on: March 19, 2005, 08:46:22 PM »

Wikipedia:

Some have questioned the interpretation of the Twenty-second Amendment as it relates to the Twelfth Amendment. The Twelfth Amendment provides that anyone constitutionally ineligible to the office of President is ineligible to that of Vice President. Clearly, the original constitutional qualifications (age, citizenship and residency) apply under the Twelfth Amendment to both the President and Vice President. It is unclear, however, 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 and from succeeding to the Presidency from any point in the line of succession. Others suggest that the Twelfth Amendment concerns qualification for service, while the Twenty-second Amendment concerns qualifications for election. No two-term President has later sought to become Vice President since the ratification of the Twenty-Second Amendment; thus, the courts have never had an opportunity to decide the question.

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I think that's the wrong debate. Whether someone ineligible for the office of president is eligible for the office of vice president is irrelevant, because the 22nd Amendment does not make the president ineligible for the office of president. It just says he can't be elected anymore.

So, yes, Bill Clinton for example could run for vice president, and if the president resigned, serve the rest of the term. It's incredibly stupid, and it should be fixed, but that's just the way it is.

We need an amendment saying that no one who has served more than six years as president of the United States shall be re-eligible for that office.
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A18
Atlas Star
*****
Posts: 23,794
Political Matrix
E: 9.23, S: -6.35

« Reply #1 on: March 19, 2005, 09:09:15 PM »

There is no constitutional provision banning him from doing so, although Congress certainly could exclude such presidents from the line of succession in accordance with their powers, though I'm not sure they've done so.
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A18
Atlas Star
*****
Posts: 23,794
Political Matrix
E: 9.23, S: -6.35

« Reply #2 on: March 19, 2005, 11:22:32 PM »

It says elected.

That's not strict constructionism. That's literate constructionism.
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