Interesting Constitutional Discussion

[moe.ron]

Let say that John Kerry decided to pick Bill Clinton as his Vice President. For the sake of the argument, John Kerry died. how? Uhm, he got hit by a truck. Is it constitutional for Bill Clinton to assume the office of the Presidency?

[swissmiss04]

No. Check out Amendment 22:
Amendment XXII

Section 1. 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. But this article shall not apply to any person holding the office of President when this article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this article becomes operative from holding the office of President or acting as President during the remainder of such term.


Section 2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several states within seven years from the date of its submission to the states by the Congress.

Since he's been elected twice (more than once) he can not serve as president again, elected or appointed thru succession. Interesting. You made my head hurt

[moe.ron]

Also

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

Well, that end that debate.

[swissmiss04]

Dude, you just ended your own thread. No fun!

[moe.ron]

Originally posted by swissmiss04
Dude, you just ended your own thread. No fun!

Ok, let say that Kerry, Edward and who ever is the Speaker were all killed by a hoarde of llma. Now, Clinton is the Sec. of State. Would he be allowed to take the Presidency?

[swissmiss04]

Sounds like a Monty Python movie in the making. But the answer is still "no". If he were Sec. of State and the aforemention situation occurred, the presidency would be handed to the Secretary of the Treasury, John Snow.