# Presedential Loophole **URL:** \ **Category:** Factual Questions\ **Created:** [May 11, 2005, 2:19pm UTC](https://boards.straightdope.com/t/presedential-loophole/303385 "2005-05-11T14:19:42Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![thegreat59](https://avatars.discourse-cdn.com/v4/letter/t/74df32/32.png) [@thegreat59](https://boards.straightdope.com/u/thegreat59)\ **Post date:** [May 11, 2005, 2:19pm UTC](https://boards.straightdope.com/t/presedential-loophole/303385/1 "2005-05-11T14:19:42Z")
My Democratic zealot of a girlfriend believes she has found a loophole to making Bill Clinton presedint again. She believes that if Hilary Clinton runs for president and than appoints Bill Clinton as her running mate if she wins the election and Bill becomes vice president that if Hilary has a “unfortunate happening” Bill will become president once again. I don’t think this would ever happen but in the unlikely event that it was planned, would it be legal or even possible? ---
**Author:** ![BobT](https://avatars.discourse-cdn.com/v4/letter/b/8e8cbc/32.png) [@BobT](https://boards.straightdope.com/u/BobT)\ **Post date:** [May 11, 2005, 2:34pm UTC](https://boards.straightdope.com/t/presedential-loophole/303385/2 "2005-05-11T14:34:43Z")
I suggest searching the archives for this question. And then be prepared to read and read and read and read and read and read and read. This question shows up on the board every few months, but more frequently around elections. The next definitive answer to this question will be the first. ---
**Author:** ![FatBaldGuy](https://avatars.discourse-cdn.com/v4/letter/f/ecd19e/32.png) [@FatBaldGuy](https://boards.straightdope.com/u/FatBaldGuy)\ **Post date:** [May 11, 2005, 2:41pm UTC](https://boards.straightdope.com/t/presedential-loophole/303385/3 "2005-05-11T14:41:42Z")
From the 12th amendment to the Constitution: > [@](#): > > But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. ---
**Author:** ![postcards](https://avatars.discourse-cdn.com/v4/letter/p/8e8cbc/32.png) [@postcards](https://boards.straightdope.com/u/postcards)\ **Post date:** [May 11, 2005, 2:49pm UTC](https://boards.straightdope.com/t/presedential-loophole/303385/4 "2005-05-11T14:49:20Z")
Having served two full terms, Bill Clinton is not eligible to be a vice-presidential candidate. See US Constitution, amendment 12: “…But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.” (On preview I see the question has been answered, but what the hey…) ---
**Author:** ![brianmelendez](https://avatars.discourse-cdn.com/v4/letter/b/65b543/32.png) [@brianmelendez](https://boards.straightdope.com/u/brianmelendez)\ **Post date:** [May 11, 2005, 2:50pm UTC](https://boards.straightdope.com/t/presedential-loophole/303385/5 "2005-05-11T14:50:17Z")
> [@BobT](#): > > I suggest searching the archives for this question. And then be prepared to read and read and read and read and read and read and read. > > This question shows up on the board every few months, but more frequently around elections. > > The next definitive answer to this question will be the first. Amen, **BobT**. Earlier threads that have addressed (and pretty much exhausted) this topic: [Max no of years as President?](http://boards.straightdope.com/sdmb/showthread.php?t=287422) [American President and terms in office](http://boards.straightdope.com/sdmb/showthread.php?t=284779) [Could Kerry choose Clinton as a running mate](http://boards.straightdope.com/sdmb/showthread.php?t=243320) [Could Clinton become VP?](http://boards.straightdope.com/sdmb/showthread.php?t=165801) ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [May 11, 2005, 2:58pm UTC](https://boards.straightdope.com/t/presedential-loophole/303385/6 "2005-05-11T14:58:59Z")
[QUOTE=BobT] I suggest searching the archives for this question. And then be prepared to read and read and read and read and read and read and read.QUOTE] He’s a guest, he can’t search the archives. ---
**Author:** ![vetbridge](https://avatars.discourse-cdn.com/v4/letter/v/b5e925/32.png) [@vetbridge](https://boards.straightdope.com/u/vetbridge)\ **Post date:** [May 11, 2005, 3:01pm UTC](https://boards.straightdope.com/t/presedential-loophole/303385/7 "2005-05-11T15:01:18Z")
I request a cite that Bill Clinton was ever presedint. ---
**Author:** ![BobT](https://avatars.discourse-cdn.com/v4/letter/b/8e8cbc/32.png) [@BobT](https://boards.straightdope.com/u/BobT)\ **Post date:** [May 11, 2005, 4:00pm UTC](https://boards.straightdope.com/t/presedential-loophole/303385/8 "2005-05-11T16:00:18Z")
[QUOTE=Otto] > [@BobT](#): > > I suggest searching the archives for this question. And then be prepared to read and read and read and read and read and read and read.QUOTE] He’s a guest, he can’t search the archives. My apologies for not realizing that. I reacted a bit hastily since I’ve been involved in some rather heated debates on this topic where people got nasty toward me for no good reason. But I should have provided links to the threads instead of just complaining. ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [May 11, 2005, 4:07pm UTC](https://boards.straightdope.com/t/presedential-loophole/303385/9 "2005-05-11T16:07:17Z")
Surprisingly, nobody ever bothers considering the real legal way that Bill Clinton could become President again. A new constitutional amendment could repeal the 22nd Amendment and eliminate the two-term limit. But I guess this isn’t “conspiracy” enough. ---
**Author:** ![tim314](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tim314/32/3468_2.png) [@tim314](https://boards.straightdope.com/u/tim314)\ **Post date:** [May 11, 2005, 4:29pm UTC](https://boards.straightdope.com/t/presedential-loophole/303385/10 "2005-05-11T16:29:11Z")
> [@FatBaldGuy](#): > > From the 12th amendment to the Constitution: > > > [@](#): > > > > But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. But Bill Clinton _isn’t_ inelligible to the office of President, he’s only inelligible to be _elected_ President. ([22nd Amendment](http://www.law.cornell.edu/constitution/constitution.amendmentxxii.html)) I would think inelligible to the office of President would refer to someone who hadn’t been born a U.S. citizen, etc. However, I am not a scholar of Consitutional law. ---
**Author:** ![monica](https://avatars.discourse-cdn.com/v4/letter/m/a183cd/32.png) [@monica](https://boards.straightdope.com/u/monica)\ **Post date:** [May 11, 2005, 4:41pm UTC](https://boards.straightdope.com/t/presedential-loophole/303385/11 "2005-05-11T16:41:42Z")
> [@tim314](#): > > But Bill Clinton _isn’t_ inelligible to the office of President, he’s only inelligible to be _elected_ President. ([22nd Amendment](http://www.law.cornell.edu/constitution/constitution.amendmentxxii.html)) I would think inelligible to the office of President would refer to someone who hadn’t been born a U.S. citizen, etc. > > However, I am not a scholar of Consitutional law. You’re right. I didn’t think about it that way. From your link (bolding mine): > [@](#): > > Section 1. No person shall be **elected** to the office of the President more than twice That says nothing about him being elected to the office of Vice President, and nothing about him getting to be president through a non-elected way (i.e., take over from a president). ---
**Author:** ![tim314](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tim314/32/3468_2.png) [@tim314](https://boards.straightdope.com/u/tim314)\ **Post date:** [May 11, 2005, 5:18pm UTC](https://boards.straightdope.com/t/presedential-loophole/303385/12 "2005-05-11T17:18:18Z")
At any rate, even if Clinton couldn’t become VP, couldn’t he still achieve the presidency by becoming Speaker of the House and having both the Prez and VP resign? I mean, it’s not going to happen, but neither is the scenario **thegreat59** proposed. If Hillary becomes President, I think we can safely assume she’s not about to hand it over to Bill. (Even if she _wanted_ him to be running things again, she could just let him make the decisions and avoid the controversy of trying to formally hand over power to him.) ---
**Author:** ![Frank](https://avatars.discourse-cdn.com/v4/letter/f/3d9bf3/32.png) [@Frank](https://boards.straightdope.com/u/Frank)\ **Post date:** [May 11, 2005, 5:30pm UTC](https://boards.straightdope.com/t/presedential-loophole/303385/13 "2005-05-11T17:30:39Z")
> [@Little Nemo](#): > > Surprisingly, nobody ever bothers considering the real legal way that Bill Clinton could become President again. A new constitutional amendment could repeal the 22nd Amendment and eliminate the two-term limit. But I guess this isn’t “conspiracy” enough. Clinton vs Bush in '08! I’d pay money to watch that. ---
**Author:** ![Cliffy](https://avatars.discourse-cdn.com/v4/letter/c/59ef9b/32.png) [@Cliffy](https://boards.straightdope.com/u/Cliffy)\ **Post date:** [May 11, 2005, 5:55pm UTC](https://boards.straightdope.com/t/presedential-loophole/303385/14 "2005-05-11T17:55:25Z")
As a perusal of the linked threads will show, **the great** , there’s something of a difference of opinion on this topic. **FatBaldGuy** and **postcards** ’ certainty to the contrary notwithstanding, **tim314** presents the argument for. It’s an open question. –Cliffy ---
**Author:** ![E.Thorp](https://avatars.discourse-cdn.com/v4/letter/e/898d66/32.png) [@E.Thorp](https://boards.straightdope.com/u/E.Thorp)\ **Post date:** [May 11, 2005, 9:51pm UTC](https://boards.straightdope.com/t/presedential-loophole/303385/15 "2005-05-11T21:51:47Z")
> [@This Year's Model](#): > > Clinton vs Bush in '08! I’d pay money to watch that. Do you mean Hillary vs Jeb, Bill vs Jeb, Bill vs W, or Hillary vs W? (Is it just me, or is it time for some new presidential families?) ---
**Author:** ![CynicalGabe](https://avatars.discourse-cdn.com/v4/letter/c/3e96dc/32.png) [@CynicalGabe](https://boards.straightdope.com/u/CynicalGabe)\ **Post date:** [May 11, 2005, 10:32pm UTC](https://boards.straightdope.com/t/presedential-loophole/303385/16 "2005-05-11T22:32:11Z")
> [@vetbridge](#): > > I request a cite that Bill Clinton was ever presedint. _sigh_ :rolleyes: ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [May 11, 2005, 10:37pm UTC](https://boards.straightdope.com/t/presedential-loophole/303385/17 "2005-05-11T22:37:13Z")
> [@tim314](#): > > At any rate, even if Clinton couldn’t become VP, couldn’t he still achieve the presidency by becoming Speaker of the House and having both the Prez and VP resign? Nope. The statutory rules for presidential succession don’t trump the eligibility rules set out in the Constitution. See: [United States Code, Title 3, Section 19, Sub-section (e)](http://straylight.law.cornell.edu/uscode/html/uscode03/usc_sec_03_00000019----000-.html) > [@](#): > > \*\*§ 19. Vacancy in offices of both President and Vice President; officers eligible to act > > (a)\*\* > (1) If, by reason of death, resignation, removal from office, inability, or failure to qualify, there is neither a President nor Vice President to discharge the powers and duties of the office of President, then the Speaker of the House of Representatives shall, upon his resignation as Speaker and as Representative in Congress, act as President. > > (2) The same rule shall apply in the case of the death, resignation, removal from office, or inability of an individual acting as President under this subsection. > > **(b)** If, at the time when under subsection (a) of this section a Speaker is to begin the discharge of the powers and duties of the office of President, there is no Speaker, or the Speaker fails to qualify as Acting President, then the President pro tempore of the Senate shall, upon his resignation as President pro tempore and as Senator, act as President. > > … > > **(e)** Subsections (a), (b), and (d) of this section **shall apply only to such officers as are eligible to the office of President under the Constitution** … So for example, Henry Kissinger and Madelaine Allbright were not in the line of succession when they were Secretary of State, because they were both naturalised Americans, not native-born, as required by Article II, s. 1 of the U.S. Constitution. If Bill is not “eligibile to the office of President” because of the two-term limit, then he can’t get there by becoming Speaker. ---
**Author:** ![Frank](https://avatars.discourse-cdn.com/v4/letter/f/3d9bf3/32.png) [@Frank](https://boards.straightdope.com/u/Frank)\ **Post date:** [May 11, 2005, 11:05pm UTC](https://boards.straightdope.com/t/presedential-loophole/303385/18 "2005-05-11T23:05:31Z")
> [@E. Thorp](#): > > Do you mean Hillary vs Jeb, Bill vs Jeb, Bill vs W, or Hillary vs W? > > (Is it just me, or is it time for some new presidential families?) Bill vs W. Yes! Time to bring back the Roosevelts. ---
**Author:** ![Diceman](https://avatars.discourse-cdn.com/v4/letter/d/22d042/32.png) [@Diceman](https://boards.straightdope.com/u/Diceman)\ **Post date:** [May 12, 2005, 1:33am UTC](https://boards.straightdope.com/t/presedential-loophole/303385/19 "2005-05-12T01:33:50Z")
**CynicalGabe:** re-read that sentence very carefully. 😉 ---
**Author:** ![treis](https://avatars.discourse-cdn.com/v4/letter/t/bc79bd/32.png) [@treis](https://boards.straightdope.com/u/treis)\ **Post date:** [May 12, 2005, 1:40am UTC](https://boards.straightdope.com/t/presedential-loophole/303385/20 "2005-05-12T01:40:18Z")
> [@Northern Piper](#): > > Nope. The statutory rules for presidential succession don’t trump the eligibility rules set out in the Constitution. See: [United States Code, Title 3, Section 19, Sub-section (e)](http://straylight.law.cornell.edu/uscode/html/uscode03/usc_sec_03_00000019----000-.html) So for example, Henry Kissinger and Madelaine Allbright were not in the line of succession when they were Secretary of State, because they were both naturalised Americans, not native-born, as required by Article II, s. 1 of the U.S. Constitution. If Bill is not “eligibile to the office of President” because of the two-term limit, then he can’t get there by becoming Speaker. Bill as far as I can tell is still eligible for the office but he is not eligble to be elected to that office. [Next page](https://boards.straightdope.com/t/presedential-loophole/303385.md?page=2)