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The 12th amendment to the constitution is not the most plainly worded of the amendments. it sets out the rules for the electoral college. a process that can seem opaque even on a clear day. but this little bit of legal algebra, the part about not being an inhabitant of the same state with themselves. it means the candidate for president and vice president cannot live in the same state. you can't be president and vice president on the same ticket if you're from the same state. so if newt gingrich nominee he would have had a hard time nominated one of the obvious choices. that would be virginia'...

Residents of virginia. that has not been bob macdomd's custom. he said quote, i'd be very interested. it is a swing state. i'm not asking for the call. i'm not looking for the call. i've got the best job in america, but i think anybody who's in public life if a presidential nominee said i need your help to win, well, it would be a tremendous honor. please call me. call collect. anytime. you have my cell number. virginia's governor has been an enthusiastic supporter of his own candidacy for vice president if someone will only ask him. but thanks to the 12th amendment, he can't be newt gingrich'...

Ask them what they plan to do in the meantime while they're waiting for their constitutional amendment to come through. and remember, it is okay to laugh at them while you say it. joining us, a law professor. welcome to the show. >> thank you for having me. >> let me start with the premise that i just outline, it is gosh darn difficult to amend the constitution. do you think that's a fair assess nmt. >> i think that's a quite fair assessment. in 220 years, we've only done it 17 times. the first ten went through quickly but after, that it has taken a while. it usually requires something pretty ...

Thank you for joining us. >> thank you for having me. >> let me start with the premise that i just outline, it is gosh darn difficult to amend the constitution. do you think that's a fair assessment? >> i think that's a quite fair assessment. in 220 years, we've only done it 17 times. the first ten went through pretty quickly but after that, it's taken a while. it usually requires something pretty huge to get a constitutional amendment through. >> are there certain types of constitutional amendments that historically have been easier to pass than others? >> well, the sort of oops amendments. w...

Important things. >> sean: that gives a good insight into you and the vice president he had a sense of humor. he was reticent. >> he didn't want it. the irony is bush thinks he offered him and cheney accepted and cheney is saying i'll take but why didn't you meet with danforth one more time. cheney is on his way to reregister to vote in wyoming. he had a certain amount of time to reregister. voting in the wyoming primary in august would give us extra defense on 12th amendment. >> sean: you bring us behind the scenes on 9/11. you're with the president. speaking of dick cheney, he calls the pres...