Gulati & Benjamin on Disclosure of Nominations by Presidential Candidates

G. Mitu Gulati (Duke University - School of Law) & Stuart Minor Benjamin (Duke University School of Law) have posted Mr. Presidential Candidate: Whom Would You Nominate? on SSRN. Here is the 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.

I very much enjoyed this very interesting paper.  On the implementation side, I wonder what would be done about FBI background investigations?  If not done pre-announcement, there would be the possibility of a huge political cost--in the event that damaging information were discovered post-announcement.  If done pre-announcement, there might be logistical problems.  FBI checks for all primary candidate picks seem impractical.  FBI checks post-convention would run into a very narrow time frame.