Bill Clinton As Vice President

Aside from the ludcriousness of Bill Clinton serving as his wife's Vice President or being selected by Barack Obama as a running mate (?), this op-ed by law professor Brian Gray offers a completely wrong view of the constitutionality of such an idea.

But what of the Democrats and Bill Clinton? The 24th Amendment [sic, the LA Times Editors corrected this error, which is actually teh 22nd Amendment], adopted in reaction to Franklin Roosevelt's 1944 election to a fourth term, declares that "no person shall be elected to the office of the President more than twice." Although it was not the focus of the amendment, it is notable that the amendment does not preclude a former two-term president (such as Clinton) from serving as vice president. Nor does it preclude a former two-term president's succession to the presidency for all or part of a third term.

It might seem that the 12th Amendment's dictum that "no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President" also ought to doom Clinton's chances -- but no again: He is ineligible for election to a third term, but he is constitutionally eligible to succeed to the presidency after election to the vice presidency.

There is, however, one last constitutional wrinkle. The 12th Amendment declares that the members of the electoral college "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." This effectively prevents the president and vice president from having the same state residency, because if running mates shared a home state, the electors from that state would be unable to vote for both of them. Thus, unless the former president returns to Arkansas, "Hill-Bill" or Clinton2 is out.

That leaves only one alternative. You heard it here first, Democrats: Obama-(Bill) Clinton 2008!

A law professor at UC Hastings School of Law should know better!! The Constitution, as the Supreme Law of the land cannot be read piecemeal, is written and is interpreted as a complete document, even the Amendments are designed to be read as part of an integrated whole.

The 22nd Amendment added to the definition of the persons eligible to be President the addtional prohibition of serving no more than 8 years. So the eligibility of a president is:

1. A Natural born citizen
2. of at least 35 years of age
3. residing in the United States for 14 years
4. Not been president for more than 6 six years or two terms

To be President and constitutionally eligible for the office of President (and Vice President) the person must meet all of those requirements prior to being sworn in. (In theory someone who is 34 on Election Day and turns 35 prior to their inauguration is eligible). So let us look at Bill Clinton's eligibility to be President:

1. A Natural born citizen-Check, born in Arkansas
2. of at least 35 years of age-check, he made it last time although I don't know his exact age now.
3. residing in the United States for 14 years-check
4. Not been president for more than 6 six years or two terms--oops! Professor Gray knows that Bill Clinton has been president for 8 years

Under the Constitutional criteria for being President, Bill Clinton no longer qualifies. The 12th Amendment reads (it is the last clause):

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

It seems as though Bill Clinton is done being President or Vice President.

Could Bill Clinton be named to the Cabinet? Sure, but he would be ineligible to assume the office of President should the line of succession law kick in. Just like his Secretary of State Madeline Albright couldn't be president (she was born in Hungary), Bill Clinton can't ascend to the Presidency, he is constitutionally ineligible.

The only Clinton-Obama or Obama-Clinton ticket we will see, if ever, is between Barack Obama and Hillary Clinton. Bill Clinton is a non-factor.