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- From: wdstarr@athena.mit.edu (William December Starr)
- Newsgroups: talk.politics.misc,misc.legal
- Subject: Re: LBJ's anti-nepotism law (was: Hillary will not...)
- Message-ID: <1992Nov20.150412.7529@athena.mit.edu>
- Date: 20 Nov 92 15:04:12 GMT
- References: <1992Nov18.164718.10656@midway.uchicago.edu> <1992Nov19.135113.26340@athena.mit.edu> <1992Nov19.173101.25548@midway.uchicago.edu>
- Sender: news@athena.mit.edu (News system)
- Organization: Northeastern Law, Class of '93
- Lines: 32
- In-Reply-To: thf2@midway.uchicago.edu
- Nntp-Posting-Host: nw12-326-1.mit.edu
-
-
- In article <1992Nov19.173101.25548@midway.uchicago.edu>,
- thf2@midway.uchicago.edu said:
-
- > It's de facto constitutional. No president would dare challenge
- > *this* law's constitutionality, even if it isn't constitutional. A
- > president would have enough grief appointing a relative -- that
- > grief would only be compounded if they challenged Congress on it, no
- > matter how valid, Constitutionally, the challenge would be. The
- > press would *never* understand the subtleties and would report it as
- > "Bill sues to give Hillary a job." And then Bill still risks having
- > the nomination rejected. I can't imagine a single president who'd
- > be willing to waste so much effort and political capital for so
- > little tangible gain. The statute doesn't create a precedent for
- > other unconstitutional limitations -- the last twenty years has seen
- > plenty of jurisprudence on the nominations and removals process.
- >
- > That is, of course, assuming that such a law exists.
-
- I'm glad you confirmed my suspicion that such a law, if it existed,
- would be de jure unconstitutional. As for the de facto side of
- things, I agree that it's incredibly unlikely that President Clinton
- (feels sort of weird typing that, doesn't it?) would challenge it, at
- least not in his first term. On the other hand, I can more easily
- than you see a popular second-term president taking this particular
- bull by the horns, especially if he or she has a nominee in mind whom
- almost everyone agrees is easily qualified for the job and would glide
- through the nomination-and-approval process without any meaningful
- opposition but for the prospective appointee's membership in the
- President's family.
-
- -- William December Starr <wdstarr@athena.mit.edu>
-