Constitutional?

November 26, 2008

The stock market continues to tank, Citigroup needs a bailout, Detroit is on the brink, barry is having daily press conferences introducing his advisors but saying nothing and what does PETE WILLIAMS focus on? Senator Clinton. What’s it going to take for them to move on? I can’t fathom the fascination. He must have castration anxiety like Tucker Carlson.

Anyway, the gist is Sen Clinton can’t become secretary of state (or any other administration appointment) because she was a senator when the salary was raised for secretary of state. Like her vote mattered. And doesn’t the Congress vote for their own pay hikes? And why can’t she just agree to the salary before it was raised?

Legalese: Article I, Section 6 of the Constitution: “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.

Check out the wording:

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.

First? As in more to come? Or as in covering previous ones? barry is not – nor was he ever a law professor. He was a lecturer who taught classes on constitutional law. And don’t you think he should know that before he even bothered to vet her? Williams goes on to give four examples when it was circumvented. So why the fascination? And this madness:

A more difficult case might come if a Secretary of State Clinton issued an order that put a specific citizen at a disadvantage. That might give rise to a lawsuit that could get some traction.

How is Senator Clinton going to issue an order? She will not be autonomous and everything she says will be as a representative of barry. Rest assured the media will pounce on any perceived deviance.

Former Clinton Justice Department solicitor general Walter Dellinger says there’s reason to think that the official acts of someone in a federal office are valid, even if the person’s qualifications for the office are in doubt.

This last comment brings me back to barry’s birth certificate. How much is Pete Williams getting paid per word? And why can’t he post it himself?

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