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Friday, October 07, 2005
It's About Time that the Court Had an Expert in the 12th Amendment
It took several days, but the media has uncovered one Constitutional case that Miers was involved in during her career. It deals with the all-important 12th Amendment.
The 12th Amendment, inter alia, says that a state's delegation can't vote for presidential and vice presidential candidates who are both from electors' home state. This was a bit of a problem in 2000, since Dick Cheney had long since left Wyoming for Halliburton's millions in Texas. So in came Miers to help clean-up the problem in some litigation that was dwarfed by some stuff that was going on in Florida at the time.
According to that liberal rag, the Wall Street Journal, Miers headed the legal team fighting off a legal challenge about Cheney's residence:
President Bush cites many accomplishments of Harriet Miers to explain her
nomination to the Supreme Court. One the White House doesn't mention is her
successful argument during the disputed 2000 election that Dick Cheney is
definitely not a Texan.
The way she did that was striking: Her legal team successfully persuaded a
judge to take what her brief described as a "broad and inclusive" reading of the
Constitution. That runs counter to a conservative tradition of legal
interpretation that calls for a relatively narrow reading of constitutional
texts...
Mr. Aufhauser, Ms. Miers's co-counsel, suggested that whatever the 12th
Amendment might have meant in 1804, the provision's meaning had, in effect,
evolved with modern society. "Differences between the year 1800 and 2000 is more
than two centuries, it's light years," said Mr. Aufhauser, noting the "rapidity
with which each of us have changed addresses from schools and college to various
marriages and jobs."
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