Does the Bobby Kennedy Act apply to the position of Vice President? (user search)
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  Does the Bobby Kennedy Act apply to the position of Vice President? (search mode)
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Author Topic: Does the Bobby Kennedy Act apply to the position of Vice President?  (Read 763 times)
NewYorkExpress
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« on: October 05, 2020, 11:08:12 PM »

So the Federal Anti-Nepotism Act prohibits the President from hiring a family member as say...a Cabinet Secretary, but does it prohibit the President from naming a family member as Vice President?

For example, in 1996, could Bill Clinton have legally replaced Al Gore with his wife, Hillary Clinton as Vice President?

Here's the link to the statute.

https://www.law.cornell.edu/uscode/text/5/3110
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NewYorkExpress
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Posts: 24,817
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« Reply #1 on: October 09, 2020, 11:11:03 PM »

No, statutes don't override the Constitution (in this case, the 12th Amendment).

However, Clinton would've been unable to win Arkansas in 1996 unless he and Hillary claimed to reside in different states, which would be...awkward.

For a contemporary example, Donald Trump of Florida and Donald Trump Jr of New York could run together with no problem.

Bill could have reigstered to vote in Washington D.C, while Hillary continued to use an Arkansas voting address (and voted absentee).

Problem solved.
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