Politics: Onward from New Hampshire

[Mmmm, Burger (C.J.)]

Originally posted by bilmore
Let's be specific here.

I think that the posting of the 12thA language confirms that you were correct in your original assertion.

I don't know that it takes you beyond that one narrow confirmation.

Here's Gillers' response (from reply email):

I should have addressed the 12th Am. issue in my piece, but I do not think it changes the argument. Clinton is not ineligible to be president under the 12th Am. The eligibility requirements to which the 12th Am. refers are those in Art. 2: age, citizenship, etc. Clinton satisfies these.

Clinton's sole constitutional disability is under the 22nd Am., which says only that he cannot be "elected" president. It doesn't say he is ineligible. He is simply forbidden to get there through election.

I think his position is consistent with his article's thesis: that "elected" means "elected" and any other method by which a person becomes president is not prevented by the 22d amendment.

I'm less confident of the constitutional clarity Gillers sees and, unlike Cheney, Clinton can't cure it by moving to Wyoming for a month.