Reforming the transition of power aspects of the Constitution

Michael Froomkin - U.Miami School of Law froomkin at law.miami.edu
Mon Nov 7 06:55:21 PST 2005


On Mon, 7 Nov 2005, Sanford Levinson wrote:

> Ilya writes (as part of his very interesting posting):
>
> Sandy may be right that it should be. In parliamentary systems, the 
> transition period often lasts only a week or two. However, there are 2 
> countervailing considerations. First, in a parliamentary system, the 
> opposition party generally has a "shadow cabinet" all set to go long 
> before the election. So they don't need much time to choose ministers. 
> That is not true of US presidential candidates, for the good reason that 
> we don't even know who the candidate will be until not long before the 
> election, and there are good reasons not to choose cabinet members while 
> the election is going on. Second, the US government has many more 
[...]

One of the many reasons we don't have a 'shadow cabinet' going into an 
election may be 18 USC sec. 599, which criminalized the promise of federal 
jobs "for the purpose of procuring support in his candidacy"?

I blogged a bit about this before the last election at
http://www.discourse.net/archives/2004/03/why_kerry_will_not_appoint_a_shadow_cabinet.html


-- 
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A. Michael Froomkin   |    Professor of Law    |   froomkin at law.tm
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