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- Title
TWO-TIME PRESIDENTS AND THE VICE-PRESIDENCY.
- Authors
COENEN, DAN T.
- Abstract
Does the Constitution limit the ability of a twice-before-elected President to serve as Vice-President? This question presents an intricate constitutional puzzle, the solution of which requires working through four separate sub-inquiries: Is a two-term President wholly ineligible for the vice-presidency? Is such a person barred from election to the vice-presidency even if that person remains appointable to that office? Is a twice-before-elected President, even if properly placed in the vice-presidency, incapable of succeeding to the presidency? And if such a succession occurs, must the resulting term of service as President expire after two years? This Article addresses each of these questions by exploring the implications of the decisive constitutional texts--Article II's enumeration of presidential qualifications, the Twelfth Amendment's treatment of qualifications for the vice-presidency, and the post-service limitations placed on two-term Presidents by the Twenty-Second Amendment. Some analysts have argued that the Constitution forecloses the possibility that a twice-before-elected President can hold (or at least secure election to) the vice-presidential office. However, the text and history of the relevant constitutional provisions point to the opposite conclusion: A twice-before-elected President may become Vice-President, either through appointment or through election, and thereafter succeed from that office to the presidency for the full remainder of the pending term.
- Subjects
UNITED States; VICE-Presidents of the United States; PRESIDENTS of the United States; UNITED States. Constitution. 22nd Amendment; PRESIDENTIAL succession; CONSTITUTIONAL law; NOMINATIONS for public office -- Law &; legislation; UNITED States elections; APPOINTMENT to public office laws; VICE-Presidents; STATUS (Law)
- Publication
Boston College Law Review, 2015, Vol 56, Issue 4, p1287
- ISSN
0161-6587
- Publication type
Article