Clinton as VP

[Mark Tushnet]

It occurred to me to note that the awkward fit between the language of the 12th Amendment and that of the 22nd is an argument against Amar's intratextualism, at least when that approach is applied to parts of the constitutional text adopted by different bodies.  (I don't immediately recall whether he takes this sort of temporal difference into account in his argument.)  Note that the 1789 Constitution didn't have to say anything about the qualifications of the Vice-President, because [s]he was going to be the person who got the second highest number of votes for President, and therefore would necessarily have to be constitutionally eligible to the office of President.

Mark Tushnet
Georgetown University Law Center
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