paul-finkelman at UTULSA.EDU
Tue Jul 25 18:16:59 PDT 2000
It strikes me that the 12th Am. issue is really a dead one. It may have made some sense in the 19th century; it kept Jefferson from having James Madison as his VP (as did the constitution without the 12th Amendment) and kept Madison from having Monroe as his VP. This aspect of the amendment is a relic of the early 19th century.
Even by the end of Madison's term of office state citizenship was more fluid than ever before; Rufus King represented Mass and NY in Congress and the Senate; Sam Houston was gov. of two different states (as well as President of a Republic). I do not have the time to do the research, but I am pretty sure we would find a fair number of politicians who held office in more than one state; Senator Bobby Kennedy of NY (from Mass.) or perhaps Senator Clinton of NY (via Ill., Conn. and Ark) are not that unusual. Even Pres. Bush claimed three home states.
Thus, it strikes me that Chaney's state citizenship is not all that interesting. Americans move; it is one of the few clear "privileges and immunities of citizens of the United States" as Justice Miller taught us in Slaughterhouse. So Cheney changes his residence to run, and then changes it again.
Unlike Mark Scarberry (below), I think Chaney's intentions are irrelevant. I think he could legitimately say, "I am renting a place in Wyoming where I will vote, but let's get real, I have no intention of moving back to that frozen, isolated farm land after I am V.P. I will either stay in Washington and be a consultant, go back to Texas and make more money in Oil and Gas, or move to California and play golf. But, to satisfy the 12th Amendment, right now I am a proud citizen of Wyoming, just as I am pround of by Nebraska birth and whatever other states I can claim to help gather votes."
Prof. Paul Finkelman
Visiting at Northwestern School of Law of Lewis & Clark College
July 5-August 3, 2000
10015 SW Terwilliger Blvd.
Portland, OR 97219
(503) 768-6671 (fax)
finkelma at lclark.edu
After August 3, University of Tulsa (918) 631-3706
> "Scarberry, Mark" wrote:
> I think if I were a Congressman or Senator--or a member of the electoral college--charged with deciding whether, as of December 2000, Cheney was an inhabitant of Texas, I would look for serious indications that he had broken some of his major connections with Texas (e.g., resigning the Dallas job rather than taking a leave of absence from it, and selling the home in Dallas) and strengthened some of his connections with Wyoming (e.g., spending more time at his house in Wyoming than at his house in Texas during the Fall of 2000 and stating that he planned to retire in Wyoming after serving 8 years as vice president).
> Absent those kinds of changes, his mere changing of voter registration would not, in my view, eliminate the 12th amendment problem.
> But justiciability is the more interesting question. More opinions on that?
> Mark S. Scarberry
> Pepperdine University School of Law
> mark.scarberry at pepperdine.edu
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