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Legal Commentary
: PrawfsLevinson, the election, and constitutional procedural "minefields"
By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel
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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