Could It Happen?

Somebody brought up an interesting possibility today in regards to the Democrat ticket: could Bill become Hillary's running mate?

Whether it's a realistic possibility in political terms is not the purpose of this inquiry (though I rather doubt it will happen). From a legal standpoint, however, barring some case law I haven't found, it could happen. Clause 1 of the 22nd Amendment to the U.S. Constitution, limiting presidential terms:

No person shall be elected to the office of the President more than twice, and 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. But this Article shall not apply to any person holding the office of President, when this Article was proposed by the Congress, and 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.

Note that it says, "No person shall be ELECTED" to the office of President, etc.; it does not say, "No person shall HOLD the office of President" more than twice. If Bill were Hillary's Vice-President, and Hillary became incapacitated, such that the Vice-President had to take over as President, then Bill would have attained to the office of President by a means other than being elected; as such, he would not come under the purview of the Amendment.

The way I see it, the 22nd Amendment does not operate to bar Bill Clinton from occupying the bottom spot on the Democrat ticket. My cursory research doesn't turn up any case law, but I am subject to being proved wrong.

It should be remembered, though, that just as Bill and Hill were a package deal in 1992, so they are still a package deal in 2008, even if Bill doesn't appear on the ticket. Think about it.