The latest buzz on radio talks shows is about the weakness of Joe Biden as a vice-presidential candidate, and the possibility that he will be replaced by Hillary Clinton.

This idea brings to mind many questions, mostly of the legal and procedural kind.

Are there rules or laws governing the possibility of a vice-presidential candidate dropping out before Election Day?  How is the democratic vice presidential candidate legally chosen?  Is it done by the delegates to the Democratic Convention?  Vice-presidential nominations are normally procedural ‘voice acclamation’ votes, a mere technicality, endorsing the presidential candidate’s choice. Is such a vote by the delegates legally binding upon the party?  Can Barack Obama or Joe Biden simply ignore the delegates’ will?  Could the delegates have another vote via mail?  Is this matter governed by federal law or by party rules? 

Some might remember the race for the New Jersey Senate seat a few years back.  Democratic nominee Robert Torricelli, mired in corruption, was such an unpopular choice that he dropped out of the race after he could legally be removed from the ballot.  Faced with the possibility of a nominee who no longer wanted the job, the courts relented and allowed the Democrats to replace Torricelli with the popular former Senator Frank Lautenberg.  In this case, laws meant nothing and were easily brushed aside by compliant judges.  Are there rules or laws governing the possibility of a vice-presidential candidate dropping out before Election Day in a move similar to Torricelli in New Jersey?  Can these laws be circumvented?

In light of the New Jersey precedent, the question is not only what the laws will allow, but what the courts will allow candidates to get away with.