Conflicts of interest

[Lynne Henderson]

Conflicts of interestI'm sorry--I spoke a bit hastily.  There *are* laws
defining circumstances in which legislators or governors are precluded from
acting (bribery, Hobbs Act), but they are narrow exceptions;  generally
doing favors for big contributors or for one's district is what one is
supposed to do.
  -----Original Message-----
  From: Discussion list for con law professors
[mailto:CONLAWPROF at listserv.ucla.edu]On Behalf Of Lynne Henderson
  Sent: Thursday, November 30, 2000 10:07 AM
  To: CONLAWPROF at listserv.ucla.edu
  Subject: Re: Conflicts of interest


  There's no requirement members of COngress have to recuse themselves for
conflicts of interest.  If that were the case, there'd be few times there'd
be anyone to vote on anything.
  This is politics-you get to vote your interests. -the  same thing applies
to the Republican majorities having the power to vote for Bush electors in
the state legislatures and the house.  Arguably, some members of Congres
shave favors to call from whoever wins, and they'd have conflicts as well.
    -----Original Message-----
    From: Discussion list for con law professors
[mailto:CONLAWPROF at listserv.ucla.edu]On Behalf Of Volokh, Eugene
    Sent: Thursday, November 30, 2000 9:48 AM
    To: CONLAWPROF at listserv.ucla.edu
    Subject: Conflicts of interest


            Prof. Griesel raises an excellent question, but let me highlight
a related one:  If the choice of whether to seat Republican or Democrat
electors to seat falls to the House and the Senate, wouldn't Senator
Lieberman and Vice-President Gore have to recuse themselves given their
obvious (even more so than Governor Jeb Bush's) conflicts of interest?

            In fact, if they do recuse themselves, and the vote otherwise
falls along party lines, the vote will be 50-49 for the Republicans in the
Senate, and also majority Republican in the House -- so Governor Jeb Bush's
judgment won't need to be solicited.  It is only if Gore and Lieberman don't
recuse, and the vote in the Senate goes 50-50 with Gore breaking the tie in
favor of his and Senator Lieberman's electors, that Jeb Bush's certification
will be the tiebreaker, and the question of Jeb Bush's recusal will arise.

    Curtis Griesel writes:

      If the selection of Florida electors finally falls to Governor Jeb
Bush,
      wouldn't he have to recuse himself of that role given his obvious
conflict
      of interest?

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