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Q: Can Bill Clinton be president 2004? ( Answered 5 out of 5 stars,   3 Comments )
Question  
Subject: Can Bill Clinton be president 2004?
Category: Relationships and Society > Government
Asked by: rumordude-ga
List Price: $5.00
Posted: 24 Jun 2002 07:32 PDT
Expires: 24 Jul 2002 07:32 PDT
Question ID: 32331
Can Bill Clinton be elected to office in 2004 or would this violate
the two terms rule?  The 22nd amendment sounds like it's two terms
total, but I've heard it's more like "two consecutive" terms is the
limit, but then you could leave and return again.
Answer  
Subject: Re: Can Bill Clinton be president 2004?
Answered By: inquisitive-ga on 24 Jun 2002 08:31 PDT
Rated:5 out of 5 stars
 
Hello rumordude,

Good question!  The text of the 22nd amendment, which it sounds like
you have read, states "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."
From Termlimits.org
http://www.termlimits.org/Current_Info/22nd-Amendment-text.html

So, to answer your question, Bill Clinton could not be *elected* to
the office of President in 2004 unless something drastic happens to
change the Constitution of the United States. The 22nd amendment says
nothing about "consecutive terms" only.

Bill Clinton has, however, been quoted as saying that he thinks the
22nd Amendment should be changed to read "two consecutive terms." See
the following sources below:

"Last December the ex-president told a reporter that the 22nd
Amendment was seen as too restrictive by some and could be changed to
limit the president to two "consecutive" terms. That would allow him
to run again in 2004."
From NewsMax.com - "Clinton Eyeing Third Presidential Run?"
http://www.newsmax.com/showinside.shtml?a=2001/9/2/01352

"He [Bill Clinton] adds that as life expectancy rises, there may be a
reason to change the 22nd Amendment, which limits presidents to two
four-year terms. Maybe it should just limit presidents to two
"consecutive" terms..."
From USAToday - "Clinton: 'I probably would have run again'"
http://www.usatoday.com/news/washdc/ncswed09.htm

There has also been some heated discussion on a possible loophole in
the 22nd amendment that might allow Bill Clinton to serve beyond his
prescribed constitutional limit. There is nothing in the language of
the 22nd Amendment that precludes a former president from becoming
vice-president. So, for example, Al Gore or Hilary Clinton could run
for president in 2004 and name Bill Clinton as their vice-president.
Upon the death, incapacity, impeachment, or resignation of the
president, Bill Clinton could then assume the office.
There is a statement in the 12th Amendment which appears to cover this
loophole, however: "But no person constitutionally ineligible to the
office of President shall be eligible to that of Vice-President of the
United States."
http://www.usconstitution.net/const.html#Am12

In an article title "Why the Constitution Permits a Clinton-Gore
ticket," Michael C. Dorf, vice dean and professor of law at Columbia
University, says that the 12th Amendment would allow Clinton to become
Vice-President, however. "The 12th Amendment would allow a Clinton
vice-presidency. Its language only bars from the vice-presidency those
persons who are "ineligible to the office" of President. Clinton is
not ineligible to the office of president, however. He is only
disqualified (by the 22nd Amendment) from being elected to that
office."
http://www.cnn.com/2000/LAW/08/columns/fl.dorf.goreclinton.08.01/

For an article which disagrees with the above interpretation of the
12th Amendment see "Can a two-term president be vice-president?" by
James R. Whitson:
http://www.presidentelect.org/art_preztoveep.html

I hope this helps to answer your question. Thank you for using Google
Answers.

inquisitive-ga
rumordude-ga rated this answer:5 out of 5 stars

Comments  
Subject: Re: Can Bill Clinton be president 2004?
From: jon-ga on 24 Jun 2002 14:50 PDT
 
I don't think he'd want to anyway - he's making a mint on the public
speaking circuit! Far more than he earned as President. I think he
made about $25m last year from public speaking.
Subject: Re: Can Bill Clinton be president 2004?
From: pwi_pwii-ga on 24 Jun 2002 16:09 PDT
 
This is a bit derogatory:  "But, who would want him to run again?"

My peace is said.
Subject: Re: Can Bill Clinton be president 2004?
From: npscott-ga on 29 Jun 2003 01:06 PDT
 
Practically speaking, even if the Constitution permitted (which it
doesn't) Clinton could not get re-elected.

1.  The language of the 22nd Amendment, as the person who answered so
well pointed out, says:  "No person shall be elected to the office of
the
President more than twice".

    There is no other intrepretation of that language than what is
plain.

   Twice is the limit.  It makes no difference if the terms are
back-to-back or fifty years apart; twice elected does it.


2.  That leaves only a back-door route.  Election as Vice-President:
the President resigns, and Clinton as VP, becomes President?

    If a man is 'constitutionally ineligible' to be President, he also
cannot cannot run, or be elected, Vice President.  If a person is
ineligible to be President, he is fails to meet the qualification to
run, and is therefore, also disqualified.

    3)  Can a former twice-elected President become a cabinet member
under a new president, and then succeed to the Presidency by
resignation, or removal, or death, of everyone legally ahead of him?

  Technically, yes.  But this is so far-fetched as to be humorous: 
Mad Magazine in 1974 had a comicbook story about how Watergate was
really a clever manipulation by the Secretary of Transportation (last
in line of succession) to get everyone ahead of him out of the way.

    Present company truly excluded...there are some who don't know how
to define themselves without having the former president to skewer.
There seem to be political junkies who need a regular Clinton-hater
fix in order to function.

  Some political action groups got so much political milage out of
Anti-Clintonians, that they have a need to keep Clinton viable as a
credible 'horror'.  So they keep 'fudging' the 22nd Amendment during
internet forum discussions, in an attempt to confuse the rest of us.

   The clear, Constitutional answer is: Bill Clinton is gone from the
Presidency, forever.

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