This just in on Dick Cheney!

[Mark Tushnet]

This (renewed) discussion seems to assume that the constitutional issue is Mr. Cheney's domicile, to be measured by (21st century?) legal standards dealing with domiciliaries.  (Have the standards changed since the late 18th and early 19th centuries?)

The constitutional term, though, is "inhabitant."  A quick look at other provisions of the Constitution indicates that there are other terms sometimes used, most notably, "citizen of" a state in Art. IV, sec. 2 ― with the perhaps unhelpful addition of "resident within the United States" in Art. II, sec. 1. (There may be others that I missed.)

I recall that the earlier discussion also quickly settled in on domiciliary status.  Does anyone know whether the term "inhabitant" meant something other than "domiciliary" in 1789 (for Art. I, sec. 2 and sec. 3, and Art. II, sec. 1) or 1804 (for the 12th Amendment)?

Mark Tushnet
Georgetown University Law Center
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Washington, DC  20001
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tushnet at law.georgetown.edu