Some political moves absolutely defy explanation. Some wonkish statements, void of any value – except to the enemy, adversary, or skeptic – still make their way into print. Campaigns make the same mistakes every cycle.

I have long argued that Romney’s public statements betray his lack of understanding of how the Constitution works – that this is THE document. There isn’t some magic document that will appear, have answers only he can read with a pair of magic glasses like the ones in National Treasure. Enter the “mistake.”

In today’s Wall Street Journal , Douglas Kmiec– one of Romney’s “volunteer legal advisers” demonstrated that you just can’t get good help anymore.

From the Opinion Journal site: Mr. Kmiec, assistant attorney general and head of the Office of Legal Counsel to Presidents Ronald Reagan and George H.W. Bush, is a professor of constitutional law at Pepperdine University and a volunteer legal adviser to Gov. Mitt Romney.

And here is the thrust of his piece:

Hillary Clinton’s commanding lead in the polls has diminished, and with Oprah Winfrey stumping for Barack Obama, she’s called increasingly on the “star power” of husband Bill. But the ubiquitous presence of the former president on the campaign prompts a question: What will Hillary do with Bill if she is elected?

Of course, one might say Hillary has been wondering what to do with Bill for quite some time. But Mr. Clinton’s prominent role in his wife’s campaign–whether going head to head with Oprah for airtime or defending Hillary from “swift-boat-like attacks” from rival Democrats–has renewed the question: What exactly will he be doing on Jan. 21, 2009?

Several job ideas have already been floated. He might be appointed by Gov. Eliot Spitzer of New York to serve the remainder of Mrs. Clinton’s U.S. Senate term. While there is precedent for former presidents–even a former impeached president (Andrew Johnson) returning to the national legislative body–few close to former President Clinton think being one of 100 would satisfy his boundless persona.

In any event, Gov. Spitzer is already under some considerable pressure to appoint a minority to Sen. Clinton’s seat, and even though Mr. Clinton was described by writer Toni Morrison as “the first black president,” that won’t cut it with the practitioners of identity politics.

Mr. Clinton has also been contemplated for something dubbed “ambassador to the world.” But the federal government’s anti-nepotism law would likely preclude her naming Bill to her cabinet.

The issue of Mr. Clinton’s potential role has a serious side for Democrats already concerned about her persistently high negatives. The notion that Mr. Clinton will be a “shadow president,” effectively circumventing the constitutional limitations on presidential service, presents a campaign opportunity for the GOP.

So if neither a Senate nor executive position will do, what does work? While it’s probably not something the Hillary campaign would want us to contemplate, we should remember that there are three branches of government, and that it is widely anticipated that there will be one or more vacancies on the Supreme Court during the next presidential term.

This wonkish study and comparison of William Jefferson Clinton to William Howard Taft fails to recognize reality. 1) Hillary actually has to win a bruising primary 2) Hillary has to beat whomever the GOP nominates.

Not to mention – can you imagine the three ring circus of a Bill Clinton confirmation hearing? Republican Senators would set the Capitol on fire before they would allow a nomination for Bill Clinton to receive an up or down vote on the Senate floor.

Now is no time for featherweight fantasy. Romney’s usually careful campaign team must see some value in touting Clinton for the US Supreme Court. I’m just not sure the value sits in the GOP column.

— Media Lizzy