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


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

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

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