This just in on Dick Cheney!

Sanford Levinson SLevinson at MAIL.LAW.UTEXAS.EDU
Mon Sep 18 21:23:54 PDT 2000


I think that Leslie Goldstein makes a very profound point when she says
that "I do not think Cheney ever seriously contemplated NOT going through
the motions of establishing his legal domicilary somewhere other than
Texas...."  That is, the last minute re-registration in Wyoming is
explicable only by reference to the 12th Amendment.  It is, therefore, not
a completely dead letter, stupid though it may be.  So Cheney (and his
lawyers) get credit for spotting the issue and conceding  the relevance of
the Amendment.  The question is whether that issue spotting simply ends the
matter, or whether we, or the Congress, can grade the answer they gave to
the problem and come to the principled conclusion that, in fact, the answer
doesn't work. (Or is it enough simply that it be non-frivolous, which I've
already conceded it is?)

Sandy



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