Some Wonder of Bill Clinton Could Be VP

WASHINGTON - In John Kerry's search for the perfect running mate, some Democrats have raised an intriguing question: Could former two-term President Bill Clinton serve as vice president?

Mark Tushnet, a constitutional law professor at Georgetown University Law Center, says the Constitution does not specifically address the issue and no court has ever considered it.

"The answer is unclear," he said.

The 22nd Amendment to the Constitution imposes a two-term limit on presidential candidates, but imposes no limit on the vice presidency. As vice president, however, Clinton could succeed the president upon death, incapacity, impeachment or resignation and serve a third term.

That leads to the 12th Amendment, which states that "no person constitutionally ineligible to the office of president shall be eligible to that of Vice President of the United States."

Is the 22nd Amendment an "eligibility" requirement? Arguably not, says Tushnet. Article II of the Constitution defines who is eligible to be president as a natural born citizen, at least 35 years old, who has been a U.S. resident for at least 14 years. It says nothing about term limits.

But others might argue that permitting Clinton to run for vice president violates the spirit of the 22nd Amendment. The issue ultimately would be decided by the U.S. Supreme Court, which in 2000 resolved the disputed presidential election in President Bush's favor.