Is Bill Clinton constitutionally eligible to be secretary of state?

[DonViejo]

Secretary Clinton II

Is Bill Clinton constitutionally eligible to be secretary of state?

By Brian Palmer|Posted Thursday, Nov. 8, 2012, at 5:29 PM ET

Speculation about President Obama’s second-term Cabinet has begun. After Bill Clinton’s well-received performance at the Democratic National Convention and tireless campaigning, some sources are wondering whether he might be interested in serving as secretary of state. Is Bill Clinton constitutionally eligible for that office?

Probably. The 22nd Amendment renders Bill Clinton ineligible for election to a third term as president, but there’s nothing in U.S. law that would prevent him from serving as secretary of state. Although a minority of scholars believes that the spirit of the 22nd Amendment prohibits Clinton from serving anywhere in the presidential line of succession, it’s unlikely the Supreme Court would stand in his way.

If the president, vice president, speaker of the House, and president pro tempore of the Senate all became incapacitated, would Clinton then ascend to the presidency? That’s a more difficult question. The language of the 22nd Amendment prohibits “election” to a third term, and some legal scholars believe this means succession to a third term is perfectly constitutional. (This interpretation led some to suggest a Gore-Clinton ticket in the 2000 presidential election.) On the other hand, the Presidential Succession Act states that Cabinet members who are ineligible to serve as president—if they are too young, for example—should be skipped in the line of succession. It’s possible the Supreme Court would rule that Secretary Bill Clinton would be similarly ineligible, and the secretary of the treasury would become president.

There’s little legal precedent on this question because few presidents have returned to work in the federal government. William Howard Taft was appointed to the Supreme Court after leaving the White House, Andrew Johnson served in the Senate, and John Quincy Adams joined the House of Representatives. None of those offices is in the line of succession.

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http://www.slate.com/articles/news_and_politics/explainer/2012/11/obama_cabinet_rumors_is_bill_clinton_eligible_to_serve_as_secretary_of_state.html

[center rising]

1. i don't think Bill would want it

Anyway, look for John Kerry to get the job!!

[dimbear]

2. Kerry would do a fine job, but do you want to suffer thru another senate race in Mass?

Let's put in some of our other talent that won't give Scott Brown another go.

[krawhitham]

14. Yes he would, but Brown would most likey get his seat

[ProudProgressiveNow]

16. +1000 nt

[PoliticAverse]

13. The latest rumor seems to be that Obama wants Susan Rice. n/t

[Raine1967]

24. oooOOO

That's a rumor I like too!

I think John Kerry is the most qualified but I would hate to see MAss have to go thru another Special election. I am mixed about that.

The other person I thought was maybe Jim Webb -- he'll not going to be senator much longer.

[dsc]

3. Of course he can

We have had at least two Secretaries of State that were ineligible for the Presidency (both Albright and Kissinger were foreign born). It is just plain stupid to think he wouldn't be able to serve. Now willing to serve is another matter, on that who knows.

[Marsala]

4. Technically Bill could be vice president

Though it would violate the spirit of the 22nd Amendment.

[dsc]

6. actually that is one where I think a case can be made he can't

The Constitution does say one has to be eligible to be President to be Vice President. He isn't really eligible to be President at this point.

[RudynJack]

9. He's eligible

He's older than 35, lived in the US at least 14 years, and is a natural-born citizen.

The 22nd amendment says "No person shall be elected to the office of the President more than twice..."

If he were vice-president and ascended to the Presidency, he wouldn't have been elected to it. It's a loophole, for sure, and it will never be tested, but it's not clear-cut.

[treestar]

21. Interesting thought

There's an issue there for sure.

[Ter]

25. You're probably right

But if Obama resigned and Clinton was his VP, this Supreme Court with a 5-4 decision would say he's ineligible, and Boener would be President.

[BlueDemKev]

5. Of course.

In fact, when Bill Clinton was elected 20 years ago, there was some speculation that he might appoint Jimmy Carter to be his Secretary of State.

However, I hope that Bill Clinton doesn't take accept any public position now or anytime in the future. This way he can maintain his role as an elder statesman and assist Democratic candidates come election time.

[Freddie]

7. Agreed, we need Bill stateside as a party spokesperson

As S of S, Hillary was unable to campaign or even appear at the convention.
I also like the idea of John Kerry as S of S and I truly think MA wouldn't be stupid again and put another Repug in the Senate to take his place.

[BlueDemKev]

10. Heh-heh.

I'm hoping Congressman-Elect Joe Kennedy will run for the Senate when Kerry retires. Then we'll have a Kennedy in the Senate again!

[goclark]

26. Didn't Clinton have some major

HEALTH problems?

[Tx4obama]

8. The schedule of SoS is too grueling, Bill has health issues so it wouldn't be a good job for him nt

[ancianita]

11. Maybe it will be Petraeus. Kerry needs to keep the seat.

[cheezmaka]

12. I don't think he'll take the job either...

I do suspect that Colin Powell is being considered!

[goclark]

27. I like that choice

He knows he was used big time ..he strongly
Supported Obama.

I'm African American and even though we are thrilled that Obama is president...it should not be ruled out that other A's are given high level positions in my opinion--our
turn out the votes were significant to the outcome
of the race.

[cheezmaka]

29. Me too...

I'm African American too and I feel the same way. I'm very proud of most of them! I'm proud of "our turn out" as well that finally PUT THE NAIL IN ROMNEY'S CAMPAIGN COFFIN!

[Indpndnt]

30. Well, I'm not African American.

And I agree with both you and Cheezmaka. [url=http://www.cosgan.de/smilie.php][img][/img][/url]

[juajen]

15. No, we need for this remarkable man to rest. I can't imagine a world without him or Hillary.

[davidpdx]

17. I agree with most others that he probably wouldn't want it

He has his foundation and campaigns for candidates. That is more than enough I'm sure.

On the technical question, I disagree. I think he could serve, but would not be in the line of succession. Whomever is next in line would be in his place. Also keep in mind all this hinges on the president, vice-president, speaker of the house, and senate pro-temp all being taken out. How likely is that? .000000000000000000000000000000000000000001

[mojitojoe]

18. We have had people as Secretary of State who were unable to be President

Henry Kissinger and Madeline Albright are two examples. If the President, Vice President, Speaker of the House, and President Pro-Temp all died then succession would bypass the Secretary of State.

The question really is, why would Bill Clinton want it?

[cire41]

19. Give it to Susan Rice, our fine UN ambassador

With all the Bush-era damage she has had to repair over the past four years, she deserves it more than anybody

[goclark]

31. great choise!

[treestar]

20. I doubt it

Granted he would be in line to be President but they could skip over him to the next person and the scenario is doomsday and unlikely.

[SteveG]

22. There is no Constitutional problem

We have had two foreign born Sec. of States in recent history, Henry Kissinger and Madeleine Albright. Neither were constitutionally allowed to be President, so they were not in the line of succession when they served.

[OldDem2012]

23. Whatever the President decides, I hope he doesn't select a sitting Democratic Party Senator....

....and risk the possibility of losing a Senate seat.

[Iggo]

28. Bill's a campaigner. The SOS is not a partisan post.