Can a former President run as Vice?

[azurnoir]

There has been talk lately about Bill Clinton running for Senate but could he conceivably run as Hillary's Running mate (no puns)? Political sh*tstorm aside would that be legal?

[Ignacio Upton]

1. They live in the same state

So they wouldn't be able to form a ticket anyway.

[kath]

9. Well, so did Chimpy and Cheney

but they got away with it, the fokkers.

[MiniMe]

11. Darth Cheney changed his residency to Montana, the day before they filed papers...

for the Dick to be VP

[GeorgeGist]

14. wyoming

[MiniMe]

15. Oops, you are right.

Thanks

[Captain Hilts]

2. No, the requirements are the same for both positions. nt

[Nederland]

18. Wrong

A former President that only served one term could run for Vice President. Bush Sr. or Jimmy Carter for example, could run for VP, though one would wonder why they would ever want the job.

[illinoisprogressive]

3. no more bushes and no more clintons. no more please!!!!

[jobycom]

4. Yes, more clintons. yes more please!!!

Makes no more sense than your argument. If Americans want another Clinton, we'll damn well vote for one.

[Samantha]

5. No -- anyone twice elected to the POTUS - cannot run as vice

president. That's why Reagan could consider Ford as a vice president, and that's why Carter can run (he was not twice elected). Bill Clinton cannot.

[jobycom]

6. He maybe could, technically. There's debate. Two issues.

First, as someone pointed out, right now they reside in the same state. The Constitution says that if the president and VP are from the same state, the electors of that state cannot be counted, which would make it difficult to win. But Bill could do as Cheney did in 2000 and declare his residency elsewhere. The courts already upheld it for Cheney, they'd have to for Bill.

Second, the Constitution says that no one not eligible to be president can be vice president, and some argue this means Bill can't, because he's served two terms. However, technically, the Constitution says that a president can't be ELECTED to more than two terms, it doesn't say that someone who had served two terms is ineligible to BE president. Bill meets all the requirements to BE president, just not to be elected president, so one could argue that he is eligible to be elected VP.

So once again, it would come down to what your definition of "be" be.

Practically, though, it would be a bad idea for him to be Hillary's VP. First, it would be a distraction during the campaign (charges of nepotism, the idiotic charge of "dynasty," etc), second, it would be redundant, since he would already be in the White House if she won. Third, it adds no balance to the ticket. She needs someone who brings something to the ticket other than more of her name. That's IF she gets the nomination.

[azurnoir]

7. I had wondered it was a thought

Al Gore who was VPOTUS ran for President so could the Prez do the reverse. Who(m) ever said it would be a distraction is probably right. At one time I have loved to see Obama as her running mate but that is not likely now.

[liberalpragmatist]

8. Gerald Ford nearly became Reagan's running mate in 1980

The deal fell through because they couldn't come up with an effective power-sharing plan. But the discussions were very serious.

Also, when the Democrats tried to draft Eisenhower to run in '48 (he hadn't declared a party yet and was pretty tight-lipped), Truman offered to drop back down to VP if Eisenhower would agree to run. (Truman's popularity was low and it was thought he would be a certain loser.)

[MiniMe]

12. Ford was never elected to the presidency

[IndianaGreen]

10. No!

Big Dog is term limited, and he couldn't take a job whose only Constitutional responsibility is to be a heartbeat away from the Presidency.

In addition, the Constitution bars residents from the same state to hold the offices of President and Vice President.

[MonkeyFunk]

17. not true

as others have pointed out, the constitution isn't crystal-clear on this.

Also, the vice-President has the constitutional duty of being the President of the Senate, so his ONLY constitutional duty is not to be a heartbeat from the Presidency.

Finally, Bush and Cheney were from the same state. Bill could change his voter registration to Georgetown just before the election.

But it's all moot - there's no way he'll be on any ticket.

[wyldwolf]

13. Yes.

It would certainly piss off the rightwing AND the leftwing, but it is Constitutionally allowable provide Bill changes his address...

[SteppingRazor]

16. Maybe

There are two schools of thought on whether Bill could be a VP. Amendment 12, ratified in 1804, states:
The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;

The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;

The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.

The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.



Now, one school of thought says that the "constitutionally ineligible" bit speaks only to the requirements set up in the articles (age and citizenship restrictions). Another school of thought says that "constitutionally ineligible" covers the entire document, up to and including amendments written after the 12th (I personally subscribe to this one).

In the first school's view. Bill could be V-P. In the second school's, he couldn't.

But here's what we do know — nominating Bill for V-P would cause a constitutional crisis and throw the election to the Supreme Court. Given the current court's makeup — and given that such crises should be avoided in any case — nominating Bill as V-P would be a very, very stupid idea.