Posted on 12/02/2008 7:53:34 AM PST by AJKauf
The selection of Hillary Clinton for secretary of state reveals that President-elect Barack Obama does not limit his lack of appreciation for the Constitution to just the First and Second Amendments. While there has been plenty of analysis focused on whether or not this is a good political decision, the choice may actually reveal more about Obama’s respect or disrespect for the Constitution than about his political judgment.
The Emoluments Clause in Article I, Section 6 of the U.S. Constitution provides: “No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time.” ....
(Excerpt) Read more at pajamasmedia.com ...
If Article I, Section 6 really means that then how was Jerry Ford selected for vice-president without running afoul of the Constitution?
This is interesting but doesn’t compare with his being unwilling to release his birth certificate to prove his eligibility for President.
But what else would you expect from the first affirmative action President.
I assume Obama will ask the Congress to keep the old salary during the time she is in office. It’s been done that way before.
So does that mean the Hillary will get her congressional salary AND a State Depart salary?
There has never been any question as to 0bama's disdain for the Constitution.
I don’t agree that a “cost of living adjustment” is an increase in emoluments as described under the constitution.
In any case Mrs. Clinton will refuse the extra pay.
the House Judiciary Committee took up the argument that Ford might be ineligible for the vice presidency because the Constitution bars a Congressman from holding a "civil office" that has had its "emoluments" increased during his term on Capitol Hill. As it happened, the retirement benefits of federal employees were improved just this past fall. The committee cleared Ford's way by deciding that these did not count as emoluments and, more important, that the vice presidency was not a civil office.
Will our side sue and take this issue up with the SCOTUS?
No. I believe that Obama will, or should, make sure she receives only the State Department salary, but at the old rate before any increase she voted on.
Again, I believe the issue has come up before. With Ed Muskie, probably - Carter’s Secretary fo State, I think.
Hillary’s appointment, Obama’s birth certificate? Who needs a pesky Constitution? With total disregard for the Constitution, what will stop Obama from voiding the 2nd Amendment and the 1st Amendment. THIS WILL HAPPEN IF THE MASSES DON’T CHALLENGE NOW NOW NOW!!!
People BETTER WAKE UP AND GET OFF YOUR ASSES!! THIS DIRECTLY AFFECTS YOU. GET INVOLVED.
Doesn’t that refer to offices created specifically during her term, or increases in COLA for that office during that time? It seems to me that article was written to protect against a post being created as a favor to a legislator. I don’t see a conflict here on that basis.
I am willing to be educated on this.
“Hillary Selection Calls Obama’s Respect for the Constitution Into Question”
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NSDT!
He’s already on record as proclaiming the Constitution as a “flawed document,” isn’t he???
I’m guessing he spent a large part of the time that he was supposedly a “Professor of Constitutional Law” devising ways to circumvent The Constitution, most prominently the “natural born citizen” provision.
Well he can potentially do this, but there is nothing in the Constitution that says this is an acceptible alternative. It doesn’t say “well, if you do select someone from congress to a higher office whose salary increased while they were there, then they can still be eligible if you give them the lower salary.”
I don’t have a problem pointing out other presidents who did this are technically violating the Constitution. Someone posted that Carter, Nixon, and Clinton also violated this clause with their higher office appointments.
Just because other presidents violated this article, now that gives Obama precedent to do so? Bad precedent now trumps the Constitution? I guess the President is above the Constitution and having to obey it.
Can we really trust Obama to protect and defend the Constitution if he’s going to do this? How can he take that oath and make this appointment?
THere is NO escape clause that says if you give the person a lower salary, they are eligible for higher office.
And to be honest, being irked about this isn’t even about Hillary being SoS. It’s about a constitutional lawyer turned president, who knows better, being able to ignore what the constitution says, and do whatever the hell he wants, under the cover of incorrect rationalization. This guy, is supposed to protect and defend the constitution - he has shown just how little it matters to him in this stupid selection.
ANd further, by not providing his real birth certificate, that could have cleared up another constitutional question of his eligibility, it shows he is going to do his best not to uphold, protect and defend the constitution. He’s going to do whatever he wants, whether he’s got the legitimate power to do so or not.
Obama's respect for the what? Aaagh! I swallowed my chewing gum!
Understood! And I agree that the birth certificate/Indonesian adoption questions need to be addressed and settled. The law must prevail, whatever the result it dictates.
...and what about multiple pensions?
Respect for the Constitution? You kidding? It will either be on a roll in a high-traffic White House toilet, or used to wipe feet in a newly installed foot-bath next to the new prayer room.
There is no more certain way to encourage general disrespect for the Rule of Law, or to increase lawlessness nationwide, than for the government to knowingly and unapologetically ignore the laws by which it is, itself, governed.
Prohibition was at least marginally proper under the Constitution, but it was so contrary to what most people could accept or tolerate that they became contemptuous of the law. If my kind, sweet, law-abiding grandparents had a bathtub still, I can only imagine what went on elsewhere. The 55 MPH national speed limit is another example.
The government that rapes the Constitution is treading on VERY dangerous ground. The term "unintended consequences" comes to mind.
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