Wednesday, January 23, 2008

Clinton's Violating 22nd Amendment?

What if Bill Clinton wanted to be president again so he goes out and finds a stooge to actually run then publicly proclaims that he (meaning Bill) will actually make all the decisions and that a vote for the stooge is actually a vote for him (Bill)? Of course, the stooge would be the one technically "elected", but it would clearly violate the spirit of the 22nd amendment in that Bill would be exercising effective control over the office. In this hypothetical case, it would be an obvious violation, but in principle, don't we have the same problem with a Hillary presidency? To what extent will Hillary actually make decisions and how can anyone know that Bill is not actually executing the office? After observing Bill Clinton's behavior in the campaign, is there any doubt he will have a material role in her presidency if not be a kind of shadow president?http://www.cnn.com/2008/POLITICS/01/21/obama.clintons/index.html?section=cnn_latest)

At the very least this should be seriously debated and better yet brought in front of a federal court to establish ground rules for his involvement.

Dr. George Reisman originally raised the question of whether Hillary's election to the presidency could represent a violation of the two-term limit here: http://georgereisman.com/blog/2007/11/would-hillarys-election-violate-two.html

For reference, here is the text of the 22nd Amendment:

Section 1. No person shall be elected to the office of the President more than twice, and 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. But this article shall not apply to any person holding the office of President when this article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this article becomes operative from holding the office of President or acting as President during the remainder of such term.

Section 2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.

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