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Mr. Presidential Candidate: Whom Would You Nominate?

Stuart Minor Benjamin
Duke University School of Law

G. Mitu Gulati
Duke University - School of Law


September 9, 2008

Duke Law School Public Law & Legal Theory Paper No. 213

Abstract:     
Presidential candidates compete on multiple fronts for votes. Who is more likeable? Who will more effectively negotiate with allies and adversaries? Who has the better vice presidential running mate? Who will make better appointments to the Supreme Court and the cabinet? This last question is often discussed long before the inauguration, for the impact of a Secretary of State or a Supreme Court Justice can be tremendous. The importance of such appointments notwithstanding, presidential candidates are not pushed to name their prospective appointees, pre-election: we do not expect candidates to compete on naming the better slates of nominees. For the candidates themselves, not having to compete over nominees in the pre-election context has personal benefits - in particular, enabling them to keep a variety of supporters working hard on the campaign in the hope of being chosen as nominees. But, from a social perspective, this norm has costs. We propose that candidates be induced out of the status quo. In the modern era of candidates responding to internet queries and a vocal public asking questions via YouTube, it is plausible that the question - "Whom would you nominate (as Secretary of State or for the Court)"? - can be asked in a public setting. And maybe, if one candidate is behind in the race, he can be pushed to answer the question.

Working Paper Series

Date posted: July 06, 2008 ; Last revised: September 26, 2008

Suggested Citation

Benjamin, Stuart Minor and Gulati, G. Mitu, Mr. Presidential Candidate: Whom Would You Nominate? (September 9, 2008). Duke Law School Public Law & Legal Theory Paper No. 213. Available at SSRN: http://ssrn.com/abstract=1155222


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Contact Information

Stuart Minor Benjamin (Contact Author)
Duke University School of Law ( email )
Box 90360
Durham, NC 27708
United States
919-613-7275 (Phone)
919-613-7231 (Fax)
Gaurang Mitu Gulati
Duke University - School of Law ( email )
Box 90360
Durham, NC 27708
United States
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