Question US
HRC Clinton Vs. The Constitution" If President-elect Barack Obama nominates Hillary Clinton to be secretary of state it would be the former law professor's first violation of the Constitution as president.
Mike November 25, 2008 22:22:48
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http://firstread.msnbc.msn.com/archive/2008/11/25/1688640.aspx
HRC, State -- and the Constitution Posted: Tuesday, November 25, 2008 1:55 PM by Domenico Montanaro
Filed Under: Pete Williams, Obama WH Transition
From NBC’s Pete Williams
If President-elect Barack Obama nominates Hillary Clinton to be secretary of state, many legal scholars believe it would be the former law professor's first violation of the Constitution as president.
Why? Because the Constitution forbids the appointment of members of Congress to administration jobs if the salary of the job they'd take was raised while they were in Congress. (Article I, Section 6: "No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil office ... the Emoluments whereof shall have been encreased during such time." Emoluments meaning salaries and benefits.)
Past presidents have confronted this problem repeatedly -- Taft in nominating Sen. Philander Knox to be secretary of state, Nixon in nominating Sen. William Saxbe to be attorney general, Carter in nominating Sen. Ed Muskie to be secretary of state, and Clinton in nominating Sen. Lloyd Bentsen to be treasury secretary, to name some notable examples.
The usual workaround is for Congress to lower the salary of the job back to what it was so that the nominee can take it without receiving the benefit of the pay increase that was approved while the nominee was in Congress. This maneuver, which has come to be known as "the Saxbe fix," addresses the clear intent of the Constitution, to prevent self-dealing. http://en.wikipedia.org/wiki/Saxbe_fix
But many legal scholars believe it does not cure the Constitutional problem, because the language of Article I is so clearly an absolute prohibition: No senator or representative, period.
"The content of the rule here is broader than its purpose,” said Professor Michael Stokes Paulsen, a Constitutional law expert at St. Thomas School of Law in Minneapolis. “And the rule is the rule; the purpose is not the rule.”
"A 'fix' can rescind the salary,” he added, “but it cannot repeal historical events. The emoluments of the office had been increased. The rule specified in the text still controls.”
HRC, State -- and the Constitution Posted: Tuesday, November 25, 2008 1:55 PM by Domenico Montanaro
Filed Under: Pete Williams, Obama WH Transition
From NBC’s Pete Williams
If President-elect Barack Obama nominates Hillary Clinton to be secretary of state, many legal scholars believe it would be the former law professor's first violation of the Constitution as president.
Why? Because the Constitution forbids the appointment of members of Congress to administration jobs if the salary of the job they'd take was raised while they were in Congress. (Article I, Section 6: "No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil office ... the Emoluments whereof shall have been encreased during such time." Emoluments meaning salaries and benefits.)
Past presidents have confronted this problem repeatedly -- Taft in nominating Sen. Philander Knox to be secretary of state, Nixon in nominating Sen. William Saxbe to be attorney general, Carter in nominating Sen. Ed Muskie to be secretary of state, and Clinton in nominating Sen. Lloyd Bentsen to be treasury secretary, to name some notable examples.
The usual workaround is for Congress to lower the salary of the job back to what it was so that the nominee can take it without receiving the benefit of the pay increase that was approved while the nominee was in Congress. This maneuver, which has come to be known as "the Saxbe fix," addresses the clear intent of the Constitution, to prevent self-dealing. http://en.wikipedia.org/wiki/Saxbe_fix
But many legal scholars believe it does not cure the Constitutional problem, because the language of Article I is so clearly an absolute prohibition: No senator or representative, period.
"The content of the rule here is broader than its purpose,” said Professor Michael Stokes Paulsen, a Constitutional law expert at St. Thomas School of Law in Minneapolis. “And the rule is the rule; the purpose is not the rule.”
"A 'fix' can rescind the salary,” he added, “but it cannot repeal historical events. The emoluments of the office had been increased. The rule specified in the text still controls.”
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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...Article I, Section 6 U.S. Constitution
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Oh, the deal with HRH, it was a deal mr Bill.
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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...Article I, Section 6 U.S. Constitution
Not only that he has Violated the US Constitution TWO TIMES, but he has committed litany of other Violations that merit time behind bars.
1. Violation of Logan Act in Iraq in an attempt to change the time of troop withdraw with Iraqi officials.
2. Violation of Logan Act using American taxpayers' money interfering in Kenyan election & precipitating civil unrest & massacre of Christians.
3. Violation of Civil Right in several attempts to SUPPRESS FREEDOM of SPEECH or SUPPRESS OF DISSENTS in Missouri & Chicago.
4. In Violation of US FEC ELECTION LAW of ACCEPTING (over 200 million dollars) FOREIGN DONATIONS from terrorist HAMAS, Middle east countries & other countries worldwide.
5. Obama FUNDED & facilitated WIDESPREAD VOTER FRAUDS by ACORN that precipitated multiple lawsuits & investigations.
6. Violation of immigration law in HARBORING ILLEGAL ALIEN(His illegal alien aunt from Kenya, whom has disclosed that she was instructed not to talk until after the election.)
7. Violation of US CONSTITUTION running for POTUS WHEN he FAIL TO MEET THE REQUIREMENT OF BEING "NATURAL BORN" status(With litany of lawsuits filed...
Not only that he has Violated the US Constitution TWO TIMES, but he has committed litany of other Violations that merit time behind bars.
1. Violation of Logan Act in Iraq in an attempt to change the time of troop withdraw with Iraqi officials.
2. Violation of Logan Act using American taxpayers' money interfering in Kenyan election & precipitating civil unrest & massacre of Christians.
3. Violation of Civil Right in several attempts to SUPPRESS FREEDOM of SPEECH or SUPPRESS OF DISSENTS in Missouri & Chicago.
4. In Violation of US FEC ELECTION LAW of ACCEPTING (over 200 million dollars) FOREIGN DONATIONS from terrorist HAMAS, Middle east countries & other countries worldwide.
5. Obama FUNDED & facilitated WIDESPREAD VOTER FRAUDS by ACORN that precipitated multiple lawsuits & investigations.
6. Violation of immigration law in HARBORING ILLEGAL ALIEN(His illegal alien aunt from Kenya, whom has disclosed that she was instructed not to talk until after the election.)
7. Violation of US CONSTITUTION running for POTUS WHEN he FAIL TO MEET THE REQUIREMENT OF BEING "NATURAL BORN" status(With litany of lawsuits filed again him in 8 states & 2 lawsuits has reached Supreme court of which one lawsuit requires Obama & DNC to submit necessary documents to substantiate his eligibility to be POTUS by Dec. 3, 2008; and the 2nd lawsuit will be in CONFERENCE by the Supreme Court Justices on Dec. 5, 2008.)
8. And, of course the current Violation of US Constitution in having Senator HRC to be Secretary of State.
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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...Article I, Section 6 U.S. Constitution
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...Article I, Section 6 U.S. Constitution
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...Article I, Section 6 U.S. Constitution
I Think....
Article 1, Section 7:
Section 7. All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other Bills.
Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States; if he approve he shall sign it, but if not he shall return it, with his objections to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner a...
Article 1, Section 7:
Section 7. All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other Bills.
Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States; if he approve he shall sign it, but if not he shall return it, with his objections to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law.
The House voted it down, but the Senate re-initiated the bill, added on pork and the House had voted again. Unless I am mistaken, the bill should have been dead in the water after the first vote down. Once it passes the House, THEN it is passed to the Senate.
October Surprise, indeed!
I know McCain lost, but that was one of the reasons that I just added to the list of why I didn't support him either.
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...Article I, Section 6 U.S. Constitution
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Just one of the many tid bit cut and paste items
Singer (March 27): Sen. Obama has often referred to himself as “a constitutional law professor” out on the campaign trail. He never held any such title. And I think anyone, if you ask anyone in academia the distinction between a professor who has tenure and an instructor that does not, you’ll find that there is … you’ll get quite an emotional response.
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...Article I, Section 6 U.S. Constitution
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...Article I, Section 6 U.S. Constitution
If nobama appoints hrc it will pass the constitutional muster required by the dems, in other words as long as it does not benefit any republicans it is OK!! It can be totally against the law the constitution and any ethical precedent as long as it works for their position of power it will be OTAY!!!
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...Article I, Section 6 U.S. Constitution
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...Article I, Section 6 U.S. Constitution
It's funny how Republicans will take small things like this and turn it into a big issue. Meanwhile, we have a lame duck in office doing nothing who violated the Constitution by illegally wire tapping American citizens without a warrant. How about those apples Johnny?
Any barrister contesting that point would be laughed out of court. Thanks.
"Ohhh-Kayyy, smart guyyyys,,,,,, so WHAT keeps all the Australians from falling off the BOTTOM?"
And howcum we still have penguins in Antarctica?? Hmmm??,,,,,
We were absurd, but doing our best to keep a straight face. We invited everybody ~~ winners and losers ~~over to the Frat House for a kegger that night. You can bet the joint was a-jumpin',,,,,,
Holla, I hope it's Beer30 wherever YOU are.
I Think....
I Think....
And who said there wouldn't be change...
And, FYI : Historically, the CONSERVATIVES ARE THE GUARDIAN OF TRUTH & THE DEFENDER OF the US CONSTITUTION!!
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The liberals or should I be more correct and say YOU SOCIALIST are the destroyer of US Constitution. Historically, for you SOCIALISTS, its always about CHANGING & twisting the Constitution to achieve your SOCIALIST AGENDAS(legislate from the bench or judicial tyranny.)
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The CHANGE you are DREAMING of will be the leftover in your pocket after Obama the COMMUNIST, RACIST, MUSLIM TAX YOU to death to fund his MARXIST PROGRAMS GLOBALLY.
Thanks to you SOCIALIST, you people have ushered Communism into USA.
I hope you enjoy the CHANGE in REDISTRIBUTION OF YOUR MONEY & LOST OF FREEDOMS.
By the way, the people that will be impacted most or SUFFER the MOST by the CHANGE are people like you.
None of the above
.....even if it means breaking the very means of the constitution...That I don't know about
The "saxby fix" justifies it, but she doesn't deserve a reduction in pay either......and the US Supreme Court has never heard the case....
http://www.legislature.state....
http://www.encyclopedia.com/d...