Yes, it’s Silly Season in American election news, as discussions suddenly veer off into “Who will run for President in 2008?” Or, in this case, who will be tapped as Vice President? And, more specifically, will Hillary Clinton (assuming she runs) ask hubby Bill to be her veep? And, can she, legally?
The latest speculation in Washington surrounding the presidential aspirations of Sen. Hillary Clinton concerns whether husband Bill could be her vice president. The issue, which recently came up during a chat on the Washington Post’s Web site, has drawn a variety of opinions on the constitutionality of the matter, the Post reports.
As the former president might put it, it may actually hinge on the meaning of the word “elected.” A Washington lawyer and political science professor argued in a 1999 article that Clinton could be vice president because he is only barred from being elected president a third time, not from serving as president if the occasion arose.
Kathleen Sullivan, director of the Stanford Constitutional Law Center, agrees saying her reading of the 22nd Amendment does not preclude a Clinton-Clinton ticket.
But constitutional scholar Bruce Ackerman of Yale Law School warns the original intent of the amendment must be taken into account and should not be eroded by a narrow interpretation.
Great. Because what we really need are a bunch of law suits pre- and post-election regarding the VP choice. Not that I think Ackerman’s interepretation is a good one. The difference between “elected” and “serve” is semantically and legally large enough that it would be difficult to assume the amendment framers didn’t take it into consideration — or, even if they didn’t, that we should interpret things that narrowly.
And, yes, that could be a loophole that would let someone serve as de facto President forever (e.g., in 2008 politician X chooses George W. Bush as his VP running mate, then steps down after the election, lather, rinse, repeat), though it seems pretty far-fetched from a practical perspective.
Not that I expect Bill would actually take the VP job, even assuming Hillary offered it. Hillary could always use him as a “special envoy” explicitly or implicitly for whatever ad hoc role she (and he) wanted. And, from his perspective, who needs the stress? (I’ve yet to hear a former president long for the days of working in the White House, or speak enviously of the VP’s job, for that matter.)