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Apologies to you NP. The Anti-Nepotism Act was passed in 1967 post Bobby Kennedy.

I got caught up in my research with Democrat bloggers discussing how they can get that law changed so that Billy Jeff can be in Hillary's Cabinet if she wins in 2008. Seems that some of them think B. Clinton can "clean up the mess in the world that W has made". If they can't skirt the law, they want him for Ambassador to the UN...Another blog said Bush should be impeached because he broke the Anti-Nepotism law by appointing Liz Cheney to the State Dept. and they listed other examples of relatives being appointed. Totally ridiculous.

Sean Hannity did say, at least once, that he wanted Jeb for W's veep...he does get excited at times, though, so likely he was unaware of the law or forgot about it or was caught up in the moment.

Many thanks for the lovely reply; I appreciate the apology, greatly.

I was an adult when that law was passed and since I've ALWAYS been a news/political junkie, with an excellent memory, I knew that I was correct. It's also a topic that has been discussed on FR, for years.

I hope that you washed, after reading Dem bloggers.

Apologies to you NP. The Anti-Nepotism Act was passed in 1967 post Bobby Kennedy.

I dug up the text of the Act. Here's the operative paragraph. (5 USC Sec. 3110)

b) A public official may not appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in or to a civilian position in the agency in which he is serving or over which he exercises jurisdiction or control any individual who is a relative of the public official. An individual may not be appointed, employed, promoted, or advanced in or to a civilian position in an agency if such appointment, employment, promotion, or advancement has been advocated by a public official, serving in or exercising jurisdiction or control over the agency, who is a relative of the individual.

Note the term "appoint", and no exception is made for the office of Vice President. One might argue that the term "nominate" isn't there, but that could be construed as advocating for employment. The President IS covered by this law (exceprt from paragraph A)..

(2) "public official" means an officer (including the President and a Member of Congress)...

And yes, since I know you're all dying to read more of this scintillating prose, here's the link.

Document on uscode.house.gov (lengthy URL)

So, in short, no, the President cannot nominate his brother as Vice President. The Anti-Nepotism Act is the law, and it conflicts with nothing in the 25th Amendment or anywhere else in the Constitution.