This just in on Dick Cheney!

Michael McConnell mcconnellm at LAW.UTAH.EDU
Mon Sep 18 16:19:37 PDT 2000


I was actually responding to the earlier posts asserting that Cheney is
"lying," that this casts doubt on his "good faith," and that it somehow
undermines the Republicans' effects to make the credibility of Honest Al
Gore an issue. These are the posts of Democrats without anything better to
do.

As to the Hillary comparison, the cases are exactly the same (both recently
moved to the state for the purpose of running for office, both bought houses
in their new home state, both maintain substantial ties elsewhere (HIllary,
after all, has a home on Pennsylvania Avenue), both spend their time
campaigning, and no one knows where either of them will live if they lose
the election), with one difference: She has no prior ties to New York,
whereas Cheney lived for many years in Wyoming and was its representative in
Congress for about a decade. That is why she is viewed as a carpetbagger in
New York and he is viewed as a returning favorite son to Wyoming. Either
way, these are not serious legal issues, since the legal requirements for
change of domicile or residence are meager. As to whether the term
"inhabitant" means something other than domiciliary, the whole discussion
reminds me of my 9th grade health teacher who on one memorable occasion told
us "boys, they [the words "trait" and "characteristic"] may be synonyms, but
they don't mean the same thing."

Michael McConnell
University of Utah College of Law
332 South 1400 East Rm. 101
Salt Lake City, UT 84112

-----Original Message-----
From: Paul Finkelman [mailto:paul-finkelman at UTULSA.EDU]
Sent: Monday, September 18, 2000 2:41 PM
To: CONLAWPROF at listserv.ucla.edu
Subject: Re: This just in on Dick Cheney!


I understand Michael's annoyance on a political level, but it does strike me
as somewhat different issues.  Hillary Clinton owns a house in New York,
lives there,  and spend her time there (campaigning).  Moreover, it seems
quite reasonable to think that if she loses the election she may actually
stay in New York states (no one thinks she will head "home" to Arkansas.
Chaney, on the other hand, has done very little if anything to prove he is a
resident of Wyoming, or that he plans to live there after the election if he
loses;  on the contrary, he seems to be making plans to live in the DC area,
or perhaps return to Texas.

I think the split state citizenship requirement is one of the dumber aspects
of the Constitution; but it is in there and Chaney ought to be under some
obligation to do what is required in order to run for VP; it seems like the
honest thing would be to move to Va, and live there, and renounce his
Wyoming citizenship.  then if he loses the election he can be where he may
very well want to be.


Michael McConnell wrote:


 What is this? The Democrat partisan diatribe list for law professors? Give
me a break. I think I'll go join the list about whether Hillary Clinton is a
domiciliary of New York. Michael McConnell
University of Utah College of Law
332 South 1400 East Rm. 101
Salt Lake City, UT 84112

--
Paul Finkelman
Chapman Distinguished Professor
University of Tulsa College of Law
3120 East 4th Place
Tulsa, Oklahoma  74104-2499


918-631-3706 (office)
918-631-2194 (fax)


paul-finkelman at utulsa.edu


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