E-mail:
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Bruce Ackerman bruce.ackerman at yale.edu
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Andrew Koppelman akoppelman at law.northwestern.edu
Marty Lederman msl46 at law.georgetown.edu
Sanford Levinson slevinson at law.utexas.edu
David Luban david.luban at gmail.com
Gerard Magliocca gmaglioc at iupui.edu
Jason Mazzone mazzonej at illinois.edu
Linda McClain lmcclain at bu.edu
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Deborah Pearlstein dpearlst at yu.edu
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Alice Ristroph alice.ristroph at shu.edu
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David Super david.super at law.georgetown.edu
Brian Tamanaha btamanaha at wulaw.wustl.edu
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Adam Winkler winkler at ucla.edu
I note the following story just posted on the NYTimes web site about Dick Cheney's forthcoming visit to the hospital to check his "abnormal heart rhythms." So let's assume that the condition turns out to be serious, and his physicians advise immediate resignation. (In the interests of good taste, I put to one side even more dire possibilities.) So what should George W. Bush do in that eventuality? Should he 1) just leave the vice presidency vacant, since it's a dumb office that should probably be eliminated, which would mean that Nancy Pelosi would succeed should anything happen to the President; 2) nominate some Republican worthy (say, his father) to fill the now vacant VP slot until January 20, 2009; or 3) nominate the winner of the November 4 election? And, for those of you who choose "3," is it self-evident that George W. Bush should not himself resign and make way for his successor? Posted
12:00 PM
by Sandy Levinson [link]
Comments:
Sandy:
Have you really descended to wishing life threatening illness on opposition political leaders to drive them from power?
It's just an episode of "afib"; atrial fibrillation. Not as bad as the deadly ventricular fibrillation (which, untreated immediately, will kill you in minutes).
Afib puts more of a load on the heart, though, and can progress to congestive heart failure.
BTW, Prof. Levinson, I heard Rush Limbot today say that some "Hahvahd perfesser" had suggested that Dubya step down early after the elections. Is he confoozed about your affiliation, or is there someone else suggesting the same thing?
While I agree with many of your structural criticisms of the Constitution, I'm not so sure about your transition point. Since there is no tradition of a shadow cabinet in this country, how exactly would a new President get an Administration up-and-running in the time frame that you are talking about? President Clinton, as I recall, didn't fill many important posts (for example, the AG) until months after he was inaugurated.
What I "wish" is truly beside the point. I assume that there are a number of people in this great country who interpret events through a "providentialist" lens and who might wonder why God has picked this particular time to call Dick Cheney's health into question.
Gerard Magliocca's question is, of course, a very serious one. The major reason for advocating the "25th Amendment option" right now is the seriousness of the present crisis and the very high costs to the US of functionally not having a genuine government, in any but the technical legal sense, for the next 13 weeks or so. My hope is that a "convention" might be generated by which presidents do indeed make way early for newly elected presidents of the opposition party, which would create a very high incentive for those candidates to have in place a set of nominees for the major offices. I also believe, of course, that our political system would be considerably better, and less monarchical, if candidates actually had to give us an indication of whom they would be naming to such essential positions as State, Defense, DOJ, and Treasury (for starters), as well as National Security Advisor and the like.
Well, I'd go with 2, since I don't think the successor would be ready to step in that fast, and Pelosi ought to be kept far, far away from the White House.