This just in on Dick Cheney!

[Lynne Henderson]

Prof. McConnell's slur on Democrats is not conducive to thoughtful
exchange--niether was the use of the word lying, though I took it, perhaps
mistakenly, as a colloquialism in this context.
As for the claim that the terms  residence, domicile, and inhabitant don't
make a difference and are not "serious legal issues"--certainly that is
surprising in light of federal jurisdiction issues, eligibility for
election, eligiblility for certain public jobs, etc.  That doctrine is
unimaginably weird/bizarre doesn't mean it doesn't matter.
Lynne
  -----Original Message-----
  From: Discussion list for con law professors
[mailto:CONLAWPROF at listserv.ucla.edu]On Behalf Of Michael McConnell
  Sent: Monday, September 18, 2000 2:20 PM
  To: CONLAWPROF at listserv.ucla.edu
  Subject: Re: This just in on Dick Cheney!


  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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