University of Minnesota Law School Scholarship Repository Minnesota Law Review 1999 The wT ice and Future President: Constitutional Interstices and the Twenty-Second Amendment Bruce G. Peabody Scott E. Gant Follow this and additional works at: https://scholarship.law.umn.edu/mlr Part of the Law Commons Recommended Citation Peabody, Bruce G. and Gant, Scott E., "The wT ice and Future President: Constitutional Interstices and the Twenty-Second Amendment" (1999). Minnesota Law Review. 909. https://scholarship.law.umn.edu/mlr/909 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Minnesota Law Review collection by an authorized administrator of the Scholarship Repository. For more information, please contact
[email protected]. 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.