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TheMastersNemesis

(10,602 posts)
Wed Apr 8, 2015, 11:58 AM Apr 2015

Technically A Clinton Clinton Ticket Would Be Legal.

Interestingly the idea came up on Chicago progressive talk radio. Apparently the law says Clinton could not be "elected" to t third term. Theoretically Bill Clinton could be run for VP. And if something happened to Hillary he could become president. And that would be legal.

Boy would such a ticket have the GOP and RW going completely insane. LOL

47 replies = new reply since forum marked as read
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Technically A Clinton Clinton Ticket Would Be Legal. (Original Post) TheMastersNemesis Apr 2015 OP
It would cost us NY electorial votes dsc Apr 2015 #1
I don't see how that's true. The 12th Amendment states that in order to eligible cali Apr 2015 #2
Beat me to it. Action_Patrol Apr 2015 #4
I'm pretty sure they're required to be from different states as well, hughee99 Apr 2015 #5
Quick check of the Constitution reveals no such requirement. n/t Adrahil Apr 2015 #9
Check the 12th Amendment. This was brought up when Bush and Cheney were both "from" Texas. hughee99 Apr 2015 #13
It applies to electors, not candidates..... msanthrope Apr 2015 #16
Yes and no. hughee99 Apr 2015 #30
He could simply change his home state something else JonLP24 Apr 2015 #36
Is it worth it, though? hughee99 Apr 2015 #45
I don't think it will happen in reality JonLP24 Apr 2015 #47
Correct. nt msanthrope Apr 2015 #14
Interesting question.... Adrahil Apr 2015 #6
Bill Clinton would be eligible dumbcat Apr 2015 #32
I doubt it, but as its never been adjudicated, it's hard to know. cali Apr 2015 #34
The language is pretty clear - "Elected" dumbcat Apr 2015 #37
let me point you to the 12th amendment which is also clear as a bell and conflicts cali Apr 2015 #39
Conflicts with what? nt dumbcat Apr 2015 #40
And they could give the entire country away to Wall Street TWICE as fast!!1! tularetom Apr 2015 #3
So true. Thankfully, Bill is ineligible to be Hillary's VP. Plus he'd overshadow her; Hillary wouldn't stand for that. InAbLuEsTaTe Apr 2015 #19
^THIS^ hifiguy Apr 2015 #41
Uh, no. That's no more legal than a person born in Canada running for President. Capt. Obvious Apr 2015 #7
What? Adrahil Apr 2015 #11
Nope. Aristus Apr 2015 #8
I would not even walk out of my front door for that ticket. djean111 Apr 2015 #10
Hillary/Jeb more like it. Wouldn't shock me either. Ughhh InAbLuEsTaTe Apr 2015 #20
That is not going to happen. William769 Apr 2015 #12
+1 — Was going to post the same thing. Raine1967 Apr 2015 #24
GMTA! William769 Apr 2015 #25
back atcha William! Raine1967 Apr 2015 #26
And then if Bill became President he could appoint Obama as VP n2doc Apr 2015 #15
More likely Chelsea as VP - you know that's coming, then Charlotte (have to keep the royals in power, dontcha know?). InAbLuEsTaTe Apr 2015 #21
No more Bushes. No more Clintons. hifiguy Apr 2015 #42
Damn that Would Be So Much Fun!!! LET's DO IT!!! Stallion Apr 2015 #27
They'd have to move to do it jmowreader Apr 2015 #17
I think that proposing scenarios like this are more to get people to somehow tacitly or unconciously djean111 Apr 2015 #23
Doesn't the law say that he cannot be elected to 3 consecutive terms? He can run again himself jwirr Apr 2015 #18
No. InAbLuEsTaTe Apr 2015 #22
Okay. I looked it up. Thank you. jwirr Apr 2015 #29
Clinton/Clinton vs. Bush/Bush? guillaumeb Apr 2015 #28
"Technically" it's a grey area that would unquestionably go to the Supreme Court Xithras Apr 2015 #31
Damn that would make heads explode! zappaman Apr 2015 #33
I was waiting for someone to start this discussion!!!!!!!! Major Hogwash Apr 2015 #35
I Just Thought It Was Funny. But Boy Would It Be A Hoot To Watch The GOP & RW If It Were Possible TheMastersNemesis Apr 2015 #44
Take out the Clinton part and it might be a good ticket. Tierra_y_Libertad Apr 2015 #38
And while President Hillary Clinton lived in the White House... EL34x4 Apr 2015 #43
So is corporate offshoring to evade taxes Glassunion Apr 2015 #46
 

cali

(114,904 posts)
2. I don't see how that's true. The 12th Amendment states that in order to eligible
Wed Apr 8, 2015, 12:01 PM
Apr 2015

for the VP you have to be eligible for the Presidency.

hughee99

(16,113 posts)
5. I'm pretty sure they're required to be from different states as well,
Wed Apr 8, 2015, 12:06 PM
Apr 2015

and both the Clinton's officially reside in NY.

hughee99

(16,113 posts)
13. Check the 12th Amendment. This was brought up when Bush and Cheney were both "from" Texas.
Wed Apr 8, 2015, 12:12 PM
Apr 2015

The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and all persons voted for as Vice-President and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate.

http://en.wikipedia.org/wiki/Twelfth_Amendment_to_the_United_States_Constitution

hughee99

(16,113 posts)
30. Yes and no.
Wed Apr 8, 2015, 01:08 PM
Apr 2015

It means that the electoral votes from NY couldn't go to both Clintons. Assuming the electors of NY vote for Hillary, they COULDN'T vote for Bill for the VP. New York has 31 electoral votes, and if Clinton's margin of Victory is LESS than 31, then you could have president Clinton with a Republican vice president (having gotten the most votes for VP).

You're correct in that it's not specifically barred, and if the Clintons were both from Wyoming, it wouldn't be a big issue, but with 31 elector votes at stake (and for a host of other reasons), it's not going to happen.

JonLP24

(29,322 posts)
36. He could simply change his home state something else
Wed Apr 8, 2015, 03:13 PM
Apr 2015

How hard could it be for him to have Arkansas like Cheney changed from Texas to Wyoming. I doubt it will happen but doubt it is much of a roadblock.

hughee99

(16,113 posts)
45. Is it worth it, though?
Wed Apr 8, 2015, 07:12 PM
Apr 2015

I'll bet the last thing Hillary wants is her husband as VP. Not to mention the field day the press would have with a married couple not even "living the the same state".

JonLP24

(29,322 posts)
47. I don't think it will happen in reality
Wed Apr 8, 2015, 07:23 PM
Apr 2015

just don't think the changing the home states issue will be the reason why they don't. Like you said it would be controversial considering he did serve 2 terms & things like what the would press would say, etc

 

Adrahil

(13,340 posts)
6. Interesting question....
Wed Apr 8, 2015, 12:07 PM
Apr 2015

The 22nd Amendment only forbids being ELECTED President more than twice. If he ran for Veep, he wouldn't be elected President.

Not that any of this matters. He'll never do it, Hillary would never ask him, and it wouldn't be a good thing if he did, IMO.

dumbcat

(2,120 posts)
32. Bill Clinton would be eligible
Wed Apr 8, 2015, 02:10 PM
Apr 2015

For the Presidency in that case. Read what the Constitution says. "Elected to ..."

dumbcat

(2,120 posts)
37. The language is pretty clear - "Elected"
Wed Apr 8, 2015, 03:47 PM
Apr 2015

means "elected", unless you are trying to argue against the clear terminology. And, of course, some will.

tularetom

(23,664 posts)
3. And they could give the entire country away to Wall Street TWICE as fast!!1!
Wed Apr 8, 2015, 12:03 PM
Apr 2015

It wouldn't be just the GOP and RW going completely insane.

It would be the final blow to America's middle class.

InAbLuEsTaTe

(24,123 posts)
19. So true. Thankfully, Bill is ineligible to be Hillary's VP. Plus he'd overshadow her; Hillary wouldn't stand for that.
Wed Apr 8, 2015, 12:22 PM
Apr 2015
 

hifiguy

(33,688 posts)
41. ^THIS^
Wed Apr 8, 2015, 04:38 PM
Apr 2015

They already sold the Democratic party to the banksters and the MIC, why not finish the job by just giving them the entire country to use as their litterbox.

 

Adrahil

(13,340 posts)
11. What?
Wed Apr 8, 2015, 12:09 PM
Apr 2015

A person born in Canada CAN be President, so long as they were born to a citizen. As long as you are BORN a citizen, you're a NBC.

Aristus

(66,478 posts)
8. Nope.
Wed Apr 8, 2015, 12:08 PM
Apr 2015

No one can take the office of VP who isn't also eligible to serve as President. That leaves Bill out, much as I would love a third term for him.

 

djean111

(14,255 posts)
10. I would not even walk out of my front door for that ticket.
Wed Apr 8, 2015, 12:09 PM
Apr 2015

Why not just get all this posturing over with and have a Hillary/Jamie Dimon ticket? Be more straight to the point, really.

InAbLuEsTaTe

(24,123 posts)
21. More likely Chelsea as VP - you know that's coming, then Charlotte (have to keep the royals in power, dontcha know?).
Wed Apr 8, 2015, 12:26 PM
Apr 2015

jmowreader

(50,567 posts)
17. They'd have to move to do it
Wed Apr 8, 2015, 12:15 PM
Apr 2015

The Constitution says the electors cast ballots for a president and VP, at least one of whom is from a different state than the elector is. Most folks translate that to mean the two politicians can't be from the same state. No, what it means is, if Mike Crapo and Raul Labrador were the Republican candidates they could not receive Idaho's four votes. In practical application it'll never be tested because no one wants to write off a whole state.

If Bill were to pull $125,000 out of the bank and buy a house in Bald Knob, AR, he could declare as an Arkansas resident but it still looks flaky to me; have we no bench?

 

djean111

(14,255 posts)
23. I think that proposing scenarios like this are more to get people to somehow tacitly or unconciously
Wed Apr 8, 2015, 12:30 PM
Apr 2015

accept or entertain the idea of Hillary as already being the presidential candidate.

jwirr

(39,215 posts)
18. Doesn't the law say that he cannot be elected to 3 consecutive terms? He can run again himself
Wed Apr 8, 2015, 12:16 PM
Apr 2015

if it is not consecutive.

Xithras

(16,191 posts)
31. "Technically" it's a grey area that would unquestionably go to the Supreme Court
Wed Apr 8, 2015, 01:38 PM
Apr 2015

People have played "what if" scenarios with the 22nd Amendment ever since it was passed in 1947. While both sides of the argument adamantly proclaim that they're right, the reality is that the law is vague and won't be clarified until the Supreme Court chimes in. That probably won't happen until somebody gives it a try.

Article II, Section 1 of the Constitution defines "eligibility" to be President. It sets age requirements, residency requirements and citizenship requirements.

The 22nd Amendment, by its wording, prohibits a person from being ELECTED to the office of President. It does not contain any reference to eligibility, and has no wording stating that a person is ineligible to hold the office after two terms. Its wording is specific in that it refers to being "elected".

the 12th Amendment states that nobody ineligible to serve as President can serve as Vice President.


The debate revolves around the word "ineligible". While the intent of the 22nd Amendment was clear, the wording creates a loophole in that it technically does not make a two term President "ineligible", but merely "unelectable". Generally, the camps in the argument fall into a camp that supports its "implied meaning" and intent, and another camp that is strictly reading the letter of the law itself.

While it's a fun topic to debate, we'll never see this sort of thing actually happen. Because it would unquestionably go to the Supreme Court, there's a 50/50 chance that the VP would be thrown out of office within days of the election. That would put the newly elected President into a nightmare scenario of having to select a new nominee for Vice President, and then having Congress approve it. If you think that getting federal judges, cabinet members, and Supreme Court justices approved is a nightmare, can you imagine what would happen today if Congress were allowed to vet and approve the Vice President? No party is going to risk that, no matter how well liked their former two-term President may be. It would take political gridlock to an entirely new level.

Major Hogwash

(17,656 posts)
35. I was waiting for someone to start this discussion!!!!!!!!
Wed Apr 8, 2015, 03:06 PM
Apr 2015

I had a barf bag sitting next to my computer desk!!!

You win the internet, MastersNemesis!!!!!!!!!!!!!!!!

Because, you are absolutely correct!!!!!!

 

EL34x4

(2,003 posts)
43. And while President Hillary Clinton lived in the White House...
Wed Apr 8, 2015, 05:28 PM
Apr 2015

Vice President Bill Clinton would reside at Number One Observatory Circle, the VP's home on the grounds of the United States Naval Observatory. For the next four to eight years, they would rarely appear together.

Bill may or may not approve of this arrangement.

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