Saturday, October 22

WHO SAYS HARRIET MIERS DOESN'T KNOW CONSTITUTIONAL LAW?

This is a priceless article on Harriet Miers' successful attempt to circumvent the U.S. Constitution so that Dick Cheney could be elected Vice President. From the Palm Beach, Florida, Post:

Virtual residence may have been good enough for Ms. Miers and Judge Fitzwater, but it isn't what the framers of the Constitution had in mind. They wrote the same-state rule because they thought it would be bad for the nation if the executive branch were the exclusive preserve of Virginia plantation owners or Massachusetts merchants. Or Texas oilmen.

Ms. Miers' huge victory wasn't the only odd thing that happened to the Constitution in 2000, of course. But the good side is that if Jeb Bush calls me to be his running mate in 2008, there will be no problem. I can simply form the intent to live in New Jersey. Thanks partly to Ms. Miers, there is a precedent.


UPDATE: Just came across this choice nugget via Xpatriated Texan:

Meanwhile, several constitutional law scholars said they were surprised and puzzled by Miers' response to the committee's request for information on cases she has handled dealing with constitutional issues. In describing one matter on the Dallas City Council, Miers referred to "the proportional representation requirement of the Equal Protection Clause" as it relates to the Voting Rights Act.

"There is no proportional representation requirement in the Equal Protection Clause," said Cass Sunstein, a constitutional law professor at the University of Chicago. He and several other scholars said it appeared that Miers was confusing proportional representation - which typically deals with ethnic groups having members on elected bodies - with the one-man, one-vote Supreme Court ruling that requires, for example, legislative districts to have equal populations.


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