Inhabitants--Justiciability?

[Richard D. Friedman]

Does it help in determining the meaning of inhabitant in the 12th amendment
that the same term is used in Art I, sec. 3, cl. 3, saying that a senator
has to be "an inhabitant of that State for which he shall be chosen"?  Of
course, there's a switch, in that the 12th amendment speaks of the
state(s?) of which a candidate may not be an inhabitant without suffering
an electoral disadvantage.  I think we're inclined to be generous on both
ends, allowing the status to be determined by self-declaration with some
indicia as to residence.  One can probably inhabit NY for purposes of I:3:3
without making it her domicile -- do we really have to worry about where
Hillary Clinton intends to spend her time after November, or six years from
now?  And, though Evan is clearly right that the language of the 12th
amendment is capable of being read as making one an inhabitant of as many
states as he has residences in, it seems at least reasonable to say that
one is tagged in one state only, and if you have serious indicia of
residence in more than one you can pick among them; Cheney certainly has
sufficient indicia in Wyoming.

In any event, if the Republicans win a close election on November 7, Cheney
could presumably avoid the issue by selling the Dallas home by December 18
-- he'd probably want to do so within the month anyway.  My guess is the
issue would be resolved by the Senate -- I doubt that it would be kicked
over to an electoral commission as in 1876.  Even if the Senate went
Democratic -- unlikely, given the hypothesis of a Republican Presidential
win -- I doubt that the facts would, or should, support a serious challenge.

Rich Friedman
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