Chez Chesler

The Volokh Conspiracy discussed whether Bill Clinton is "Eligible" to be Vice President, within the meaning of the Twelfth Amendment, given that he can't be "Elected", also here, pointing to a NY Times op-ed by Prof. Gillers.

It's an interesting question.

On a related note, I've wondered how the two years in the 22nd Amendment is measured, for instance here in misc.legal.moderated when I asked, at the time in late 1998 that it was conceivable that Bill Clinton would leave office, what it means to be "elected".

When is the President elected for the purpose of this amendment? First Tuesday after a Monday in November? At the meeting of the Electoral College in early January?

(eg Jimmy Carter, eligible to be President, and therefore eligible to be VP, is VP, under Gore, and his Gore leaves office on January 1, 2003. May Carter run for President in November 2004? As of his Electoral College election on January 15, he's served more than two years, and has already been once elected President.

What if Gore leaves office on January 19, 2003? When the Electoral College meets on 1/15/2005 he has not served more than two years.

But there is no scenario, I think, where any date but January 20, 1999 matters for whether Gore is eligible for re-re-election in 2008, in the more likely scenario, where the two years of another's term come before the once-elected.)