Obama's Nobel Is Unconstitutional

washingtonpost.com ^ | October 16, 2009 | Ronald D. Rotunda and J. Peter Pham

[Berlin_Freeper]

People can, and undoubtedly will, argue for some time about whether President Obama deserves the Nobel Peace Prize. Meanwhile, though, there's a simpler and more immediate question: Does the Constitution allow him to accept the award?

Article I, Section 9, of the Constitution, the Emolument Clause, clearly stipulates: "And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince or foreign State."

The award of the peace prize to a sitting President is not unprecedented. But Theodore Roosevelt and Woodrow Wilson received the honor for their past actions: Roosevelt's efforts to end the Russo-Japanese War and Wilson's work in establishing establish the League of Nations. Obama's award is different. It is intended to affect future action. As a member of the Nobel Committee explained, the Prize should encourage Obama to meet his goal of nuclear disarmament.

[sickoflibs]

LOL, what’s the difference? He can claim he was born outside of the USA so it’s OK.

[Aria]

Of course His Most Wonderful Highness will accept anything that glorifies Himself.

[digger48]

But what if he DOES have the “Consent of the Congress”

[thulldud]

Oh, he’ll get that, no problem.

[a fool in paradise]

Article I, Section 9, of the Constitution, the Emolument Clause, clearly stipulates: "And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince or foreign State."

Neener neener neener.

But it wouldn't be the first time.

[EnigmaticAnomaly]

Since Odumbo wipes his a$$ with the Constitution as it is, why would anyone seriously believe he would abide by the toilet paper he uses daily?

[a fool in paradise]

Can’t be. Ron Paul certainly would’ve said something about it. Right?

[mnehring]

One key item in the Article 1 quote you posted:

No title of nobility shall be granted by the United States: and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.

I believe Congress long ago made provisions for such awards in U.S. Code Title 5, Part III, Subpart F, Chapter 73, Subchapter IV, Section 7342.

[mnehring]

Forgot a link to the previous.
http://www.law.cornell.edu/uscode/5/usc_sec_05_00007342——000-.html

[OldDeckHand]

I don't know much about Wilson, but I know for a fact (I've read enough Teddy bios) that Roosevelt didn't accept his award until after he left office. It was a conscious decision. I also believe that he later asked the Congress to return the prize money because there was some kind of problem distributing it to the charities he wanted it to go to - or something like that. In any event, he never took a penny of the prize money even after accepting the prize itself.

[5thGenTexan]

Since the Nobel Committee is a private organization, it is not a “king, prince, or foreign state”.

[USFRIENDINVICTORIA]

Here's what the Nobel Peace Prize committee has to say (emphasis added):

"A Political Prize To decide who has done the most to promote peace is a highly political matter, and scarcely a matter of cool scholarly judgement. The task requires an ability and a will to view conflicts in the world community as objectively as possible while keeping a strong commitment to certain common moral and political principles. Should the members of the Nobel Committee be expected to have such qualifications? Is it possible for five individuals from a small country on the northern periphery of Europe to make decisions on the basis of some universal interpretation of peace? Isn't it more likely that their judgements would either be in accordance with the national interest of their country or divided along the same ideological lines which distinguish Norway's political parties from one another?

More here:

http://nobelprize.org/nobel_prizes/peace/articles/committee/index.html

[John Valentine]

Your assessment of the Nobel Committee as a “private” organization may be off the mark. Members of the committee are named by the Norwegian government.

[Carl LaFong]

Phhttttt...
Odumbo is bigger than the Constitution.

[Tublecane]

“from any King, Prince or foreign State.”

The Nobel Committee is not a King, nor is it a state, though it is foreign. Is it government-controlled? I’ve never really heard one way or another. I know it was established by a private individual. Did the state take it over at some point?

[The Sons of Liberty]

Obama's Nobel Is Unconstitutional

Der Furher 0bama is not going to let a little thing like The Constitution stand in his way, after all, he is already violating the 'natural born citizen" provision.

[swarthyguy]

Then how come guys like Rudy Guiliani have accepted honors from the British Monarch, as did Bush Senior after Gulf War One.

I believe they are both Knights of the Realm or the equivalent for non Brits, the Order of the Garter, something Rudy would most certainly appreciate, seeing how he looked like a duck in water in drag.

[fso301]

"And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince or foreign State."

I see no difference between this and the gifts routinely exchanged between American presidents and foreign leaders.

[missnry]

Does anyone think Obama will care about the United States of America constitution?

[smokingfrog]

I don’t think he should be allowed to keep the money. It almost seems like a bribe to me.

[truth_seeker]

This contends for weakest of the attacks on Obama.

Folks wasting time on this would be better to study Hayek, Friedman, Sowell and to the benefits of free market capitalism.

And study the nature of the independent voters who will need to be convinced to vote differently in 2010 and 2012.

[DoughtyOne]

IMO, his bigger problem is being clear to take the position of the leader of the U.N. Security Council.

He’s not allowed to hold any office or position other than the one he now has.

[mnehring]

his bigger problem is being clear to take the position of the leader of the U.N. Security Council.

Bingo!

Congress has already made provisions for awards and honors, however, I am not aware of any congressional approval for holding a conflicting office.

[Pharmboy]

My Emoluments are beginning to crowd out the socks in my top drawer.

[DoughtyOne]

Thanks. There should be a huge stink about this already. It’s surprising there isn’t.

[a fool in paradise]

I’ll an an emolument with ham, bellpeppers, and onions.

[a fool in paradise]

It’s clear that the Nobel Committee was engaging in illegal lobbying. They have said that they want to sway his opinion on some issues like global climate change.

Even if he directs the money to a charity of his choosing, it is still a gift and a lobbying effort.

ILLEGAL. They hounded Newt Gingrich over less (Hillary got more money for her book but accepted the $8million advance in the brief window between winning her senate seat and being sworn in, she produced no book for several years).

[Vendome]

Great... now what I was going to post was trumped by yours.

[DoughtyOne]

I agree. That $1.4-$2.0 million is a payoff too.

He said he’s going to donate the funds, but he shouldn’t be able to do that from his public position.

[TheThinker]

Let them vote on it and show how foolish they are.

[sickoflibs]

And I got it in comment #2. Pretty funny thought.

[Vendome]

That is why I was bumb’d.

[sickoflibs]

Someone else will post the same subject and you can reply to it. You know this site LOL

[Vendome]

Great cuz I am sick of libs and waiting for LorenC to get on his rocking horse.

[Texan Tory]

“And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present..”

I guess this also means that Congress is required to approve of any gift from the British Prime Minister to the incoming U.S. President, although I never saw any mention of this when Bush, Clinton, W, or Obama got their British gift when they assumed office. Maybe this is just one of those laws that law enforcement doesn’t take seriously because they don’t think it’s important and it makes them feel like killjoys if they actually try to enforce it.

[Pharmboy]

Ha...and you must have a new one, since the old ones had cap "E."

But seriously, here's what the dictionary sez: Payment for an office or employment; compensation.

[a fool in paradise]

Oh, I keep that in my freezer. Just like William Jefferson (D-LA).

[Wingy]

You're right. This is not the best argument against O. Just stop and think a minute. If Reagan had received this prize, and the left had used these grounds to try to stop it, I, and many of you, would have fought tooth and nail to make sure he got it. One thing for sure....He deserved it.

I say, just let O have it, for whatever reason. There are bigger fish to fry.

[airedale]

Of course he can accept it. The Nobel Foundation awards the Prize and that’s not a “king, prince or foreign state” it’s a private organization. The question is does he get to keep the $$$ or do the $$$ belong to the US. As I understand it any gifts/awards to the person holding the office of President belong not to the person but to the office and therefore the US. that’s why the stuff all goes in the Presidential libraries and is turned over to the proper legal authorities. If that’s true then he can’t give the $$$ away to charity and take a tax credit. It’s not his to give away.

[Michael.SF.]

Thank you. I was going to say the same thing.

[Michael.SF.]

I believe I saw that the money was going to charity.

Probably ACORN! (just kidding on that)