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To: Condor51
The last sentence: But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

Of course XII says that.

Here's the entire text of Amendment XXII:

" 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.

It would have been very simple to say, "Any person who has served as President for two terms, or for one term plus 731 days, shall be permenently ineligible to the office of President or Vice-President".

But that's not what it says.

It says that WJC "shall not be elected to the office of President".

Now I grant you that the drafters of XXII did not imagine such a creature as X42 being elected once, let alone twice.

But were WJC to run as Kerry's VP (that's not the plan, it's Hillary, but IF) there is no penumbra or emanation of the XXII Amendment sufficient to bar him from office.

Nor to bar his ascent to the Presidency after Kerry's tragic murder by a crazed, right-wing gun nut who just saw "The Passion of the Christ".

51 posted on 03/03/2004 5:58:06 AM PST by Jim Noble (Now you go feed those hogs before they worry themselves into anemia!)
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To: Jim Noble
It would have been very simple to say, "Any person who has served as President for two terms, or for one term plus 731 days, shall be permenently ineligible to the office of President or Vice-President".

Yes, but it isn't necessary to recapitulate the 12th amendment.

I see your argument though, that "election" and "eligibility" can somehow be construed differently. The argument has to boil down to "Clinton is not constitutionally ineligible to the office of President," even in light of the 22nd amendment. I wouldn't want to be the one making the argument.

53 posted on 03/03/2004 6:15:53 AM PST by Cboldt
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To: Jim Noble
Jim, both you and the Author need a little english lesson.

The Relevant Section of 22 reads thusly.

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.

The Strikethru is a clause, and the first bolded part is a clause, it limits service to 9 years 355 days MAX.

The other salient point is the exclusion, at the End

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.

Which was inserted to keep it from being Voided by being an ex post facto law, vis-a-vis Harry Truman.

Truman was the last President eligible to serve 3 terms. Period. No amount of Wishful thinking, or Paranoia can Change that.

55 posted on 03/03/2004 6:21:07 AM PST by hobbes1 (Hobbes1TheOmniscient® "I know everything so you don't have to" ;)
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To: Jim Noble
First, Clintoon doesn't know how to play second banana. Period. He would never agree to see his name under Kerry's. Second, this would start another round of constitutional and legal wrangling, which would only remind Americans of why they ultimately came to despise Clintoon in the first place. Third, Kerry would never agree to this (and probably won't consider Hitlery either), because he knows they become the story, not him. Fourth, if Clintoon were to run, Bush and Rove would tear him a new one. The man who disgraced the office, and who we now know was diddling interns while Osama plotted 9/11, wants another bite at the apple? Man, Bush and Rove would have a field day. Fifth... Clintoon can't risk being seen as a loser, especially since his legacy is already in the toilet, and all signs point to a Bush landslide.
77 posted on 03/03/2004 6:02:42 PM PST by bootyist-monk (5, 4, 3, 2, 1! Thunderbirds are go!)
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