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the 12th Admendment and Miers

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donsu Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-09-05 01:08 PM
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the 12th Admendment and Miers

http://online.wsj.com/public/article/SB112864645334762361.html?mod=todays_free_feature

Obscure Texas Case
Offers Peek Into Role
Of Court Nominee

-snip-

The section of the Constitution at issue is the relatively obscure 12th Amendment, overshadowed by its neighbor, the 13th, which abolished slavery after the Civil War. Ratified after the disputed 1800 election, the 12th lays out a number of regulations for the Electoral College. The rule in question says a state's delegation can't vote for presidential and vice presidential candidates who are both from electors' home state.

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For its part, the White House cautions against reading too much into it. "This case is a factual dispute regarding residency, and Harriet Miers vigorously represented her client," White House spokeswoman Dana Perino said yesterday. "Arguments an attorney makes on behalf of a client do not necessarily reflect how one would rule as a judge."

Ms. Miers was head of the legal team that appeared before U.S. District Judge Sidney Fitzwater. Her name is atop briefs filed for the co-defendants.

Like any good defense lawyer, Ms. Miers first fought to keep the case from being heard, arguing that the voters had no legal standing. According to transcripts of a telephone conference call with Judge Fitzwater and attorneys seven days later, Ms. Miers said she was speaking "on behalf of Governor Bush."
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they claim this is her Constitutional experience - arguing the 12th Admendment for snake Cheney
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