The editors of The New Republic apparently had thought they had stumbled upon a great way for presidential candidate Hillary Clinton to escape the shadow of her famous husband as she strikes out on her own on the campaign trail.

The only problem — and it appears to be a recurring problem for President Obama — is the existence of that pesky Constitution. (Remember during the gun control debate when he bemoaned that he was “constrained by a system our founders put in place”?) The 12th Amendment might not be the most popular, but Fox News senior political analyst Brit Hume didn’t hesitate to remind The New Republic what it says.

Hold on a second; we have a couple of flags on that tweet. First, citing Cornell University law professor Michael Dorf as his authority on the subject, The New Republic’s Brian Beutler notes that the 22nd Amendment’s use of the word “elected” rather than “eligible” creates “a loophole large enough for a Clinton-Obama ticket to coast to victory through.”

And second: