# Can Bill Clinton or George W. Bush become President again? \[edited title\] **URL:** \ **Category:** Great Debates\ **Created:** [May 21, 2012, 6:54pm UTC](https://boards.straightdope.com/t/can-bill-clinton-or-george-w-bush-become-president-again-edited-title/622641 "2012-05-21T18:54:14Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![That\_Don\_Guy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/that_don_guy/32/538_2.png) [@That\_Don\_Guy](https://boards.straightdope.com/u/That_Don_Guy)\ **Post date:** [May 21, 2012, 6:54pm UTC](https://boards.straightdope.com/t/can-bill-clinton-or-george-w-bush-become-president-again-edited-title/622641/1 "2012-05-21T18:54:14Z")
The thread about what would happen if somebody were to discover in a middle of a President’s term that the President wasn’t Constitutionally qualified reminded me of an on-again, off-again discussion I have been having with various people over the years. Bill Clinton and George H.W. Bush cannot be elected President again, under the 22nd Amendment. However, can they become President through other means - mainly, being Vice-President when the President dies during a term? Most people I talk to about this use the following logic: (a) “According to the 12th Amendment, you have to be Constitutionally eligible to be President in order to be Vice-President” - I agree with this; (b) “According to the 22nd Amendment, no one who has served two full terms as President can be President again, so they are not Constitutionally eligible to be President, and therefore not eligible to be Vice-President” - here, I disagree, as the first part of the 22nd Amendment reads, “No person shall be **elected** to the office of the President more than twice.” It says nothing about becoming President in other ways. Some people have an interesting interpretation of another part of the 22nd Amendment: “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.” Does this mean that if, say, Bill Clinton were to be VP and then President with more than two years left in the President’s term, then, after two years, he would be ineligible to be President as otherwise he would violate the clause where you can’t be elected more than once if you serve two years or more of another President’s term? It doesn’t say “subsequently” elected - just “elected”. ---
**Author:** ![mlees](https://avatars.discourse-cdn.com/v4/letter/m/ba8739/32.png) [@mlees](https://boards.straightdope.com/u/mlees)\ **Post date:** [May 21, 2012, 7:01pm UTC](https://boards.straightdope.com/t/can-bill-clinton-or-george-w-bush-become-president-again-edited-title/622641/2 "2012-05-21T19:01:43Z")
Ummm… George H W Bush was “Bush the Elder”, and elected to the Presidency only once (Jan 20 1989 - 1993). Therefore, he is eligible for a second crack at the job. Perhaps you meant Bush II? ---
**Author:** ![That\_Don\_Guy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/that_don_guy/32/538_2.png) [@That\_Don\_Guy](https://boards.straightdope.com/u/That_Don_Guy)\ **Post date:** [May 21, 2012, 7:11pm UTC](https://boards.straightdope.com/t/can-bill-clinton-or-george-w-bush-become-president-again-edited-title/622641/3 "2012-05-21T19:11:29Z")
> [@mlees](#): > > Ummm… George H W Bush was “Bush the Elder”, and elected to the Presidency only once (Jan 20 1989 - 1993). Therefore, he is eligible for a second crack at the job. > > Perhaps you meant Bush II? Ummm…yes. Yes, I did. ---
**Author:** ![al27052](https://avatars.discourse-cdn.com/v4/letter/a/41988e/32.png) [@al27052](https://boards.straightdope.com/u/al27052)\ **Post date:** [May 21, 2012, 7:26pm UTC](https://boards.straightdope.com/t/can-bill-clinton-or-george-w-bush-become-president-again-edited-title/622641/4 "2012-05-21T19:26:03Z")
Why would either one want the job again? They make plenty of money on the lecture circuit, and can take a day, week, or month off anytime they want. But more seriously, I think the simplest way for one of them to become president again would be the way that Gerald Ford did. I imagine there’d be a SCOTUS decision _right quick_ on the Constitutionality of them even running for vice-president, if they ever were asked to be a nominee’s running mate, which would create too much of a liability for the GOP or Democrats, depending. You don’t want your campaign derailed by the possibility that the running mate isn’t legally able to take office. ROFL ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [May 21, 2012, 7:31pm UTC](https://boards.straightdope.com/t/can-bill-clinton-or-george-w-bush-become-president-again-edited-title/622641/5 "2012-05-21T19:31:45Z")
> [@That\_Don\_Guy](#): > > Some people have an interesting interpretation of another part of the 22nd Amendment: “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.” Does this mean that if, say, Bill Clinton were to be VP and then President with more than two years left in the President’s term, then, after two years, he would be ineligible to be President as otherwise he would violate the clause where you can’t be elected more than once if you serve two years or more of another President’s term? It doesn’t say “subsequently” elected - just “elected”. I believe that one cannot be vice president unless one is qualified to be president. So that someone under the age of 35 or not a native-born citizen can serve as vice president. Similarly, neither Bill Clinton nor GWB could serve as vice president. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [May 21, 2012, 7:31pm UTC](https://boards.straightdope.com/t/can-bill-clinton-or-george-w-bush-become-president-again-edited-title/622641/6 "2012-05-21T19:31:53Z")
I do believe that one of the qualifications of the Vice Presidency is that the candidate must be currently qualified to be President. Neither of the to ex-Presidents mentioned in the OP qualify. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [May 21, 2012, 8:02pm UTC](https://boards.straightdope.com/t/can-bill-clinton-or-george-w-bush-become-president-again-edited-title/622641/7 "2012-05-21T20:02:34Z")
> [@Dewey\_Finn](#): > > I believe that one cannot be vice president unless one is qualified to be president. So that someone under the age of 35 or not a native-born citizen can serve as vice president. Similarly, neither Bill Clinton nor GWB could serve as vice president. The OP is drawing the distinction between being elected President, and becoming President. He’s saying that while Clinton cannot be elected President, no provision of law prevents him from becoming President via the 25th Amendment. If the VP qualification business freaks you out, just substitute Clinton running for the House, being elected, and then having the House elect him Speaker, followed shortly by the simultaneous tragic deaths of the Prez and VP. ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [May 21, 2012, 8:14pm UTC](https://boards.straightdope.com/t/can-bill-clinton-or-george-w-bush-become-president-again-edited-title/622641/8 "2012-05-21T20:14:24Z")
Never mind. ---
**Author:** ![mlees](https://avatars.discourse-cdn.com/v4/letter/m/ba8739/32.png) [@mlees](https://boards.straightdope.com/u/mlees)\ **Post date:** [May 21, 2012, 8:27pm UTC](https://boards.straightdope.com/t/can-bill-clinton-or-george-w-bush-become-president-again-edited-title/622641/9 "2012-05-21T20:27:10Z")
> [@Bricker](#): > > If the VP qualification business freaks you out, just substitute Clinton running for the House, being elected, and then having the House elect him Speaker, followed shortly by the simultaneous tragic deaths of the Prez and VP. Hooo boy. And you think the 9/11 Truthers are annoying. Wait until the CT’ers start in on _that_! Ol’ Wild Bill will have a secret academy of ninja assasins, all just so he could get back into the Whitehouse. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [May 21, 2012, 8:27pm UTC](https://boards.straightdope.com/t/can-bill-clinton-or-george-w-bush-become-president-again-edited-title/622641/10 "2012-05-21T20:27:30Z")
[The current Presidential Succession Act.](http://en.wikipedia.org/wiki/Presidential_Succession_Act) edited to add: > [@](#): > > (d)(1) If, by reason of death, resignation, removal from office, inability, or **failure to qualify** , there is no President pro tempore to act as President under subsection (b) of this section, then the officer of the United States who is highest on the following list, and who is not under disability to discharge the powers and duties of the office of President shall act as President: Secretary of State, Secretary of the Treasury, Secretary of Defense, Attorney General, Secretary of the Interior, Secretary of Agriculture, Secretary of Commerce, Secretary of Labor, Secretary of Health and Human Services, Secretary of Housing and Urban Development, Secretary of Transportation, Secretary of Energy, Secretary of Education, Secretary of Veterans Affairs, Secretary of Homeland Security. (bolding mine)-This _could_ be taken to mean that anyone in line for the presidency must fulfill the requirements before assuming the office. ---
**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\ **Post date:** [May 21, 2012, 8:34pm UTC](https://boards.straightdope.com/t/can-bill-clinton-or-george-w-bush-become-president-again-edited-title/622641/11 "2012-05-21T20:34:44Z")
> [@Bricker](#): > > The OP is drawing the distinction between being elected President, and becoming President. > > He’s saying that while Clinton cannot be elected President, no provision of law prevents him from becoming President via the 25th Amendment. > > If the VP qualification business freaks you out, just substitute Clinton running for the House, being elected, and then having the House elect him Speaker, followed shortly by the simultaneous tragic deaths of the Prez and VP. Can’t the House technically appoint anyone as Speaker, even a non-congressperson? ---
**Author:** ![hajario](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hajario/32/171_2.png) [@hajario](https://boards.straightdope.com/u/hajario)\ **Post date:** [May 21, 2012, 8:42pm UTC](https://boards.straightdope.com/t/can-bill-clinton-or-george-w-bush-become-president-again-edited-title/622641/12 "2012-05-21T20:42:58Z")
> [@BigT](#): > > Can’t the House technically appoint anyone as Speaker, even a non-congressperson? Maybe but he still couldn’t become POTUS again. If the Prez and the VP died, it would skip over him if he were Speaker. ---
**Author:** ![Bryan\_Ekers](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bryan_ekers/32/183_2.png) [@Bryan\_Ekers](https://boards.straightdope.com/u/Bryan_Ekers)\ **Post date:** [May 21, 2012, 9:28pm UTC](https://boards.straightdope.com/t/can-bill-clinton-or-george-w-bush-become-president-again-edited-title/622641/13 "2012-05-21T21:28:43Z")
> [@Czarcasm](#): > > [The current Presidential Succession Act.](http://en.wikipedia.org/wiki/Presidential_Succession_Act) > > edited to add:(bolding mine)-This _could_ be taken to mean that anyone in line for the presidency must fulfill the requirements before assuming the office. I recall a discussion a few years back that Madeline Albright (ostensibly fourth in the line of succession when she was Secretary of State) would be passed over by virtue of being a naturalized citizen. The idea of line-skips is not a new one. So short of a repeal or modification of the 22nd… no. Bill Clinton and Bush43 will not be presidents again. ---
**Author:** ![drewtwo99](https://avatars.discourse-cdn.com/v4/letter/d/d07c76/32.png) [@drewtwo99](https://boards.straightdope.com/u/drewtwo99)\ **Post date:** [May 21, 2012, 9:39pm UTC](https://boards.straightdope.com/t/can-bill-clinton-or-george-w-bush-become-president-again-edited-title/622641/14 "2012-05-21T21:39:44Z")
You all are ignoring what Bricker and the OP clearly pointed out. There is a difference between being barred from being ELECTED VP or POTUS, and simply becoming POTUS by succession law. My take on the argument is that Bill Clinton would technically be able to become president again by succession, but that the supreme court would probably decide against it. The spirit of the amendment was to prevent it, not just prevent elections. ---
**Author:** ![mlees](https://avatars.discourse-cdn.com/v4/letter/m/ba8739/32.png) [@mlees](https://boards.straightdope.com/u/mlees)\ **Post date:** [May 21, 2012, 9:41pm UTC](https://boards.straightdope.com/t/can-bill-clinton-or-george-w-bush-become-president-again-edited-title/622641/15 "2012-05-21T21:41:09Z")
Shall we coin the term “Pulling a Putin”? Nah. Never mind. 🙂 ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [May 21, 2012, 9:44pm UTC](https://boards.straightdope.com/t/can-bill-clinton-or-george-w-bush-become-president-again-edited-title/622641/16 "2012-05-21T21:44:01Z")
> [@drewtwo99](#): > > You all are ignoring what Bricker and the OP clearly pointed out. There is a difference between being barred from being ELECTED VP or POTUS, and simply becoming POTUS by succession law. > > My take on the argument is that Bill Clinton would technically be able to become president again by succession, but that the supreme court would probably decide against it. The spirit of the amendment was to prevent it, not just prevent elections. Not ignoring anything-see post #10. To be in the line of succession, the candidate must be fully qualified to become president-neither of them qualify any more. ---
**Author:** ![magnusblitz](https://avatars.discourse-cdn.com/v4/letter/m/b4bc9f/32.png) [@magnusblitz](https://boards.straightdope.com/u/magnusblitz)\ **Post date:** [May 21, 2012, 9:56pm UTC](https://boards.straightdope.com/t/can-bill-clinton-or-george-w-bush-become-president-again-edited-title/622641/17 "2012-05-21T21:56:05Z")
Very interesting question. I bet someone like Scalia could write a very long, detailed opinion on the meaning of the word “eligble” in the 12th Amendment and “qualify” in the Succession Act. Seems to me that’s really what the issue boils down to - if to be “eligble/qualify” for President includes being electable or just the other requirements (natural-born citizen/35 years old). And I don’t think there’s a surefire argument for either side - seems to be the sort of thing I could see the SCOTUS ruling either way on. ---
**Author:** ![That\_Don\_Guy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/that_don_guy/32/538_2.png) [@That\_Don\_Guy](https://boards.straightdope.com/u/That_Don_Guy)\ **Post date:** [May 21, 2012, 10:01pm UTC](https://boards.straightdope.com/t/can-bill-clinton-or-george-w-bush-become-president-again-edited-title/622641/18 "2012-05-21T22:01:56Z")
> [@Czarcasm](#): > > Not ignoring anything-see post #10. To be in the line of succession, the candidate must be fully qualified to become president-neither of them qualify any more. On the contrary - the entire point of my starting this thread is that there is nothing in the Constitutition that says they aren’t qualified to become President again - they just can’t be elected President again. The law in Post #10 says nothing to contradict this - it just says that if you don’t meet the qualifications to be President, then you can’t be President. The “qualifications” for President are, 35 years old or older, a natual-born citizen, and a resident of the USA for at least the past 14 years. Both Bill Clinton and GWB (almost said GHWB again…) meet these qualifications. ---
**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\ **Post date:** [May 22, 2012, 3:19am UTC](https://boards.straightdope.com/t/can-bill-clinton-or-george-w-bush-become-president-again-edited-title/622641/19 "2012-05-22T03:19:24Z")
I’ve edited the thread title to show the OP was talking about George W. Bush, not George H. W. Bush. ---
**Author:** ![Bryan\_Ekers](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bryan_ekers/32/183_2.png) [@Bryan\_Ekers](https://boards.straightdope.com/u/Bryan_Ekers)\ **Post date:** [May 22, 2012, 12:35pm UTC](https://boards.straightdope.com/t/can-bill-clinton-or-george-w-bush-become-president-again-edited-title/622641/20 "2012-05-22T12:35:16Z")
Well, if you get enough people on board willing to ignore the obvious constitutional intent, sure, Clinton and Bush43 could be president again. Schwarzenegger could be president. I could be president. [Next page](https://boards.straightdope.com/t/can-bill-clinton-or-george-w-bush-become-president-again-edited-title/622641.md?page=2)