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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 INTRODUCTION 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. Id. 565

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