Can a two term president be elected vice president?
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  U.S. General Discussion (Moderators: The Dowager Mod, Chancellor Tanterterg)
  Can a two term president be elected vice president?
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Author Topic: Can a two term president be elected vice president?  (Read 189796 times)
A18
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« 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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Richard
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« Reply #1 on: March 19, 2005, 09:01:44 PM »

No, he cannot be elected VP.  He is not eligable because he cannot become acting President in case the President dies or something.
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A18
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« Reply #2 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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Joe Republic
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« Reply #3 on: March 19, 2005, 09:54:47 PM »

This sounds like the kind of thing that's open to interpretation.  Or, would only be dealt with should the situation ever arise.
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Erc
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« Reply #4 on: March 19, 2005, 11:10:03 PM »

Amendment XV, Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Amendment XXII, 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...

Amendment XII: ...But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.


One may make a very technical argument to get around this, saying that the guy is only ineligible to be "elected" President, not to the office as a whole...but anyone but the strictest of constructionists would probably agree that that
argument is bunk.


A more frightening scenario is this:

Vice-President Smith is sworn in as President after the sudden death of the President.

He runs for re-election as vice-president three years later, and wins.

The new President promptly resigns on January 21st, and Smith is sworn in as President.

Wash rinse repeat four years, eight years, twelve years later....
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A18
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« Reply #5 on: March 19, 2005, 11:22:32 PM »

It says elected.

That's not strict constructionism. That's literate constructionism.
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Biden his time
Abdullah
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« Reply #6 on: June 11, 2021, 05:45:10 PM »

How did this get so many pageviews?

Random topic from 2005 which is the most viewed topic on "U.S. General Discussion". It isn't locked and has only one page. I search the title name up and it doesn't show up on Google. Was it pinned or something at some point?
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