Tillman on the Incompatibility Clause

Seth Barrett Tillman (National University of Ireland, Maynooth (NUI Maynooth) – Faculty of Law) has posted Member of the House of Representatives and Vice President of the United States: Can Ryan Hold Both Positions at the Same Time? (Jurist, Forthcoming, Aug. – Sept. 2012) on SSRN. Here is the abstract:

    In 2012, Paul Ryan will appear on the ballot for the House seat for the First District of Wisconsin. He will also run for Vice President. If he should prevail in both elections, can he hold both positions, at the same time? This Essay suggests the answer is "yes he can."

Some may find the argument counterintuitive and others are likely to believe it has very little real world impact, but it is a tour de force of historically informed textualism. Highly recommended.

And for Dorf's take, follow this link: http://www.dorfonlaw.org/2012/08/how-far-do-text-and-early-history-take.html.