How About Paul Ryan for VP And for the House?

Seth Barrett Tillman writes:

I argued circa 2008 that the Incompatibility Clause (US Const art 1 s 6 cl 2) prevents a member of Congress only from holding an appointed or statutory office, not from an elected federal position (President or VP). The same principles would apply to Ryan — in theory, he could sit in the House and be VP. My position led to two exchanges …

Seth Barrett Tillman & Steven G. Calabresi, Debate, The Great Divorce: The Current Understanding of Separation of Powers and the Original Meaning of the Incompatibility Clause, 157 U. Pa. L. Rev. PENNumbra 134 (2008), appearing at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1292359

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Seth Barrett Tillman, Why Our Next President May Keep His or Her Senate Seat: A Conjecture on the Constitution’s Incompatibility Clause, 4 Duke J. Const. L. & Pub. Pol’y 107 (2009), available at http://tinyurl.com/4j5mjx

Saikrishna Bangalore Prakash, Response, Why the Incompatibility Clause Applies to the Office of President, 4 Duke J. Const. L. & Pub. Pol’y 143 (2009), available at http://tinyurl.com/yglucrc

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