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View Diary: September dKos Straw Poll results (417 comments)

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  •  The 12th Amendment (none)
    But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
    •  There's actually room for debate... (none)
      on the implications of the 12th Amendment for a hypothetical Bill Clinton VP candidacy, because literally speaking Bill Clinton may not be "constitutionally ineligible to the office of President."  

      Under the 22nd Amendment, Bill Clinton is ineligible to be "elected to the office of the President" because he has already been so elected twice.  But read literally, the 22nd Amendment doesn't rule out his serving as President without being elected to the office-- if, for example, he were to have a post-Presidential career in the House a la John Quincy Adams, be elected speaker, and become acting President when the President and Vice President died.  And if Clinton can be President (though he can't be elected to the position), then the 12th Amendment doesn't appear to preclude him from being VP.

      I don't mean to suggest that Bill is clearly eligible to be VP.  There is a plausible argument that "constitutionally ineligible to the office of President," in context, means ineligible to be elected President.  (For one thing, the Constitution seems to describe persons not elected to either the Presidency or the Vice-Presidency as having the ability to act as President, not become President.)  But it's not an open-and-shut case.

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