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Legal Commentary

: Prawfs

Levinson, the election, and constitutional procedural "minefields"

By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel

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Over at Balkanization, Sandy Levinson has some great posts about "constitutional minefields" in existing presidential (and vice presidential) selection processes that may not be able to handle (or handle in a democratically legitimate way) some unlikely-but-not-impossible contingencies in this election. He aims his gun at the Electoral College (as usual), as well as the risk (however remote) of a McCain victory followed by his death or incapacitation at various points between Election Day and January 20. Interesting stuff, since I long have shared Levinson's fascination with these selection and succession vagaries.

I only would add that The West Wing (which, as I have noted, has come within shouting distance of describing all four major-party-ticket candidates) threw a candidate death into the dramatic mix in the final season, although it avoided direct confrontation with the constitutional minefield.

Full post as published by Prawfs on September 06, 2008 (boomark / email).

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