Clinton/Clinton in 2008?

| February 13, 2008

Since one of the two authors of this piece in the Christian Science Monitor is a partner at David Boies‘ law firm (as in David Boies, Gore’s lead counsel in Gore v. Bush), I assume this article is serious and not a parody:

The 22nd Amendment is often described as prohibiting an already twice-elected president, such as [Bill] Clinton, from again serving as president. But the text of the amendment suggests otherwise. In preventing individuals from being elected to the presidency more than twice, the amendment does not preclude a former president from again assuming the presidency by means other than election, including succession from the vice presidency. If this view is correct, then Clinton is not “constitutionally ineligible to the office of president,” and is not barred by the 12th Amendment from being elected vice president.

It’s an interesting argument, and one that I believe has some merit. In framing the 22nd Amendment, Congress may well have had in mind the idea that a former President might end up in Congress and thus in theory could be line for succession to the Presidency.

But in the end, I think such a move would be counterproductive for the Democrats, the authors’ arguments notwithstanding. Were Hillary to somehow gain the Democratic nomination — which at this point I suspect would require both twisting the arms of a lot of superdelegates and getting the delegates from Michigan and Florida seated — and then nominate Bill as her VP candidate, I believe the result would be a landslide — for the Republicans. And not just for the Presidency, but for Congress as well. ..bruce w..

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Category: 2008 Election, Main, US Politics

About the Author ()

Webster is Principal and Founder at Bruce F. Webster & Associates, as well as an Adjunct Professor of Computer Science at Brigham Young University. He works with organizations to help them with troubled or failed information technology (IT) projects. He has also worked in several dozen legal cases as a consultant and as a testifying expert, both in the United States and Japan. He can be reached at, or you can follow him on Twitter as @bfwebster.

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