Possible -- By Scott E. Gant and Bruce G. Peabody
WASHINGTON, D.C., AND MADISON, N.J. – Americans are nostalgic for the 1990s. They long for a time when terrorism was perceived as a problem confined to foreign lands and when the stock market's rise seemed unstoppable. And, it turns out, many of them miss former President Bill Clinton.
In a recent poll conducted for CNN, respondents favored Mr. Clinton over President Bush on a variety of issues, including policy areas traditionally viewed as GOP strongholds. By a wide margin, those surveyed indicated that Clinton did a better job managing the economy and handling foreign affairs and taxes.
Clinton's resurgent popularity, and Democrats' difficulties in taking over the White House in recent years, might counsel a bold strategy for 2008. Whoever is selected as the Democratic nominee for the next presidential race should consider William Jefferson Clinton as a candidate for vice president.
While the political advisability of such a move is subject to legitimate debate, the legal issues are more straightforward. The only serious question about the constitutionality of Clinton assuming the vice presidency relates to the interplay of the Constitution's 12th and 22nd Amendments.
The 12th Amendment was ratified following the election of 1800, which produced sustained electoral uncertainty after Thomas Jefferson and Aaron Burr, Jefferson's designated vice president, received the same number of electoral votes. The election was sent to the House of Representatives, which took 36 ballots to select Jefferson. The 12th Amendment thereafter required that electoral votes be cast separately for president and vice president, and specified that "no person constitutionally ineligible to the office of president shall be eligible to that of vice president of the United States."
A century and a half later, the states ratified the 22nd Amendment, largely as a response to Franklin Delano Roosevelt's four electoral victories. The amendment bars individuals from being "elected to the office of the president more than twice."
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