Q: The president can only serve two terms, but can he serve as vice president? For example, can Bill Clinton run as Hillary Clinton’s running mate in 2016?
—Ed Moser, Woodstock
A: Constitutional scholars are split on that issue. The 12th Amendment states: "No person constitutionally ineligible to the office of president shall be eligible to that of vice president." "But many scholars agree that this clause would not stop Bill Clinton from running for vice president," UGA law professor Dan Coenen, told Q&A on the News in an email. He wrote: "Article II, Section I, Clause 4 addresses the subject of who shall be 'eligible to the Office of the president,' and it imposes only a natural-born-citizen requirement, a 35-year-old minimum-age requirement and a 14-year minimum-residency requirement. Therefore, because Bill Clinton is not 'ineligible' to be president, he is 'eligible' to be vice president." Others argue that allowing Bill Clinton to run for vice president would "compromise the underlying purpose of the 22nd Amendment," Coenen wrote, which sets presidential term limits. Additionally, the last line of the 22nd Amendment, might imply that even if Bill Clinton is "electable" as vice president, he "could take over as president for no more than two years." There's another issue with a potential Clinton-Clinton ticket. A member of the Electoral College for a particular state can't vote for both a presidential candidate and a vice presidential candidate from the same state, according to the 12th Amendment. That means no elector from New York can vote for two New Yorkers, Coenen wrote, so one of the Clintons would need to move.
Andy Johnston wrote this column. Do you have a question about the news? We’ll try to get the answer. Call 404-222-2002 or email q&a@ajc.com (include name, phone and city).
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