83 Minn. L. Rev. 565 (1998-1999)
The Twice and Future President: Constitutional Interstices and the Twenty-Second Amendment

handle is hein.journals/mnlr83 and id is 577 raw text is: The Twice and Future President:
Constitutional Interstices and the Twenty-
Second Amendment
Bruce G. Peabodyt & Scott E. Ganttt
It appears to be a commonly held view that when Bill
Clinton's second term expires, he will be constitutionally
prohibited from serving again as President of the United
States.1 This, we believe, is decidedly incorrect. The Twenty-
Second Amendment to the United States Constitution states
that [nlo person shall be elected to the office of the President
more than twice.2 Although a twice-elected President may not
again be elected to that Office, there are a number of
circumstances in which such a person may still serve as
President. We examine these circumstances in this Article.
t B.A. 1991, Wesleyan University; Ph.D. candidate in Government,
University of Texas at Austin.
tt B.A. 1991, Wesleyan University; J.D. 1995, Harvard Law School;
Associate, Crowell & Moring LLP, Washington, D.C.
The authors thank Theresa Ferrero, Karen Kruger, fleana Kutler, Amy
Levine, Stuart Rockoff, Mark Tushnet and Bill Wallace.
1. See, e.g., Lionel Van Deerlin, Second-Term Curse Befalls Bill Clinton,
SAN DIEGO UNION-TRIB., Nov. 12, 1997, at Bli, available in LI S, News
Library, US File (explaining that after his second term Clinton cannot serve
again); see also Plugge v. McCuen, 841 S.W.2d 139, 148 (Ark. 1992) (stating
that the twenty-second Amendment ... limits the President to eight years of
service) (Dudley, J., dissenting).
2. U.S. CONST. amend. XXII, §1. The Amendment further states that
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. Id. The
Twenty-Second Amendment also stipulates that it did not apply to any
person holding the office of President when it was proposed (exempting then-
President Truman from its effects), and provides that it 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.


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