Does the Bobby Kennedy Act apply to the position of Vice President?
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  Does the Bobby Kennedy Act apply to the position of Vice President?
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Author Topic: Does the Bobby Kennedy Act apply to the position of Vice President?  (Read 743 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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brucejoel99
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« Reply #1 on: October 05, 2020, 11:14:19 PM »

No, statutes don't override the Constitution (in this case, the 12th Amendment).
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The Mikado
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« Reply #2 on: October 09, 2020, 10:25:23 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.
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NewYorkExpress
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« Reply #3 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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Del Tachi
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« Reply #4 on: October 10, 2020, 08:57:00 AM »

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.

Indeed.  Dick Cheney switched his voter registration from TX to WY just weeks before W tapped him for VP
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Del Tachi
Republican95
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« Reply #5 on: October 10, 2020, 08:58:16 AM »

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.

Donald Trump of New York and Donald Trump Jr of New York could probably run together with no problem already, since NY's 29 electors are extremely unlikely to be pledged to them anyway. 
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MillennialModerate
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« Reply #6 on: October 13, 2020, 05:35:24 AM »

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.

Donald Trump of New York and Donald Trump Jr of New York could probably run together with no problem already, since NY's 29 electors are extremely unlikely to be pledged to them anyway. 

Yeah but then you’re absolutely murdering down ballot Republicans. Not that they’d give a damn about anything but themselves but hey
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All Along The Watchtower
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« Reply #7 on: October 26, 2020, 08:18:28 PM »

Considering that the Vice President is a constitutional officer elected separately from the President, rather than a presidential appointee of any kind, the answer is No.

The more interesting question to me is whether the President can fill a vice presidential vacancy with a family member. Imagine Richard Nixon replacing Spiro Agnew not with Gerald Ford but with Pat Nixon - yet Richard Nixon still resigns, so Pat Nixon takes over and the First Man is...Richard Nixon.

(Wait, wasn't this the premise of the final season of the Netflix remake of House of Cards?)
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jfern
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« Reply #8 on: November 07, 2020, 07:17:22 PM »

No
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H.E. VOLODYMYR ZELENKSYY
Alfred F. Jones
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« Reply #9 on: November 10, 2020, 05:14:39 PM »

https://youtu.be/YtNpLS4GQOA
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