- Posted by Christopher Estep on December 1, 2008
- Posted by Christopher Estep on December 1, 2008
I’m a constructionist regarding the Constitution. I believe that words mean things and that there is no esoteric meaning behind the those words in particular. Having said that, I’m getting weary of the constitutional nitpicking regarding Obama’s impending nomination of Hillary Clinton for Secretary of State:
Hillary's nomination will be made in the face of the Constitutional prohibition in the Emoluments Clause (Article I, Section 6, clause 2):
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 increased during such time: and no person holding any office under the United States, shall be a member of either House during his continuance in office.
That's quite clear. A Senator, such as Hillary, is prohibited from serving in any federal office "created" or the "emoluments whereof" were increased during the Senator's term.
The problem with that interpretation is that it’s not accurate:
The salary of the Secretary of State was increased in January 2008 by an executive order, promulgated pursuant to a 1990s cost of living adjustment statute. Because the increase occurred during the time Hillary was a Senator she can not be the Secretary of state.
Hillary Clinton wasn’t in the Senate in the 90’s. It doesn’t matter that Bush issued the order in 2008. Part of the role of the executive branch is to implement the statutes that have been passed by Congress (and usually signed by the President).
Let’s look at the ramifications of such an interpretation. Any outgoing or lame duck president could prevent his successor from appointing any member of Congress to his cabinet by issuing an executive order. It could also prevent any person in congress from being an ambassador, a federal judge or justice. All of this could be done completely out of spite.
Yes, I’m a constructionist. But the critics are overlooking what I feel is the plain and obvious purpose of the clause out of sour grapes. Its purpose is to prevent Congressmen from creating jobs for themselves or lining its own pockets by giving raises for jobs that they will have. The problem is that it was the President that gave this raise based on a statute passed before Clinton was even in congress!
What’s most irritating is sanctimonious attitude of bloggers who refuse to believe that there could actually be a different, but still legitimate, interpretation of the clause:
It is sad to see President-elect Obama, a former lecturer on Constitutional Law, show such a lack of respect for the Constitution.
And I thought I was smug and arrogant!
As an aside, I think that clause in the constitution needs to be repealed by amendment anyway. While I don’t believe that it prevents Clinton from being SecState (as it didn’t prevent Bentsen in 1992 and countless ambassadors), It legitimately does prevent any congressman in office in 2003 from being named Secretary of Homeland Security. That’s unfortunate, because there are indeed some congressmen who would be very good in that position, such as Joe Lieberman or even John McCain.
RedState: Obama to nominate Hillary as Secretary of State Monday despite Constitutional prohibition
- Posted by Christopher Estep on August 29, 2008
Some very interesting comments indeed, most notably that she feels that many former hillary supporters have been looking for a woman they can support and are angry at the way Hillary was treated by Obama, the Media, and the DNC:
- Posted by Christopher Estep on August 22, 2008
The only way Barack Obama can rescue his Veep Show would be to name Hillary Clinton. Of course, Obama isn't doing that.
I think an Obama/Clinton ticket would unify the democrats and lead to a victory. But Obama's too much of an egomaniac to do that because he doesn't want someone to get more attention than him, ever. Hillary would get attention from time to time.
Look who the potential veep choices are. They're all boring. Not a single one of the mentioned choices would energize democrats.
Chet Edwards will be as stupid a decision for VP as Dan Quayle was for Bush.
- Posted by Christopher on August 14, 2008
Still grasping at straws, Hillary Clinton will get an old-style roll call vote at the Democrat convention. I suspect that the prime reason for this is to take some of the shine (or rather, Shinola) off of Obama and remind people that he's not royalty and that plenty of people still don't want him as the nominee, a number which appears to be growing.
Democrats say Hillary Rodham Clinton's name
will be placed in nomination at the convention in Denver with a roll
call for the vanquished rival of nominee-in-waiting Barack Obama.
The party will officially nominate Obama at the convention. But
Democrats familiar with the discussions say the former rivals made a
joint decision to place Clinton's name in nomination and do a
traditional role call of the state delegations.
What I find to be terribly ironic is that for all ranting about McCain, Hillary is becoming to Obama what McCain was to Bush, and that is the annoying senator who bucks the administration because of a personal grudge. If Obama gets coronated elected, that's exactly what she will become. Regardless, it will be even more interesting to see if Hillary tries for senate leadership next January.
Hat Tip: Blogs for Victory
- Posted by Christopher Estep on May 30, 2008
- I feel pretty, oh so pretty. I feel pretty, and witty, and gay!!
- Hey pretty boy! I'm so druuuuuuunk. I said, I'M SO D-R-U-U-U-U-U-U-N-K!!
- While Hillary was tipsy, Joey called all of the reporters so they could get a closer look at her Adam's Apple.
- An aide (behind) looks on in horror as a drunken Hillary makes each of the reporters smell her pits as a condition of staying on the plane.
The New York senator sauntered to the back of her campaign plane holding a glass of Maker's Mark bourbon Wednesday night to chat up and joke with the reporters covering the endgame of her race against Barack Obama.
Fox News
- Posted by Christopher Estep on May 28, 2008
Political correctness is a strange thing. For instance, we don't call Negroes, Negro anymore. We can't call them colored, of course, and "black" is out too. We're supposed to call them "African American" which is funny because I work with a guy from Africa and he doesn't like being called "African American". He says he's Negro. Ah, our arrogant political correctness.
But weren't we supposed to stop calling those people who live on reservations "Indians" because, well, I don't know...maybe because they aren't from India?
"I want to be a strong partner with Indian country," the Democratic presidential candidate told several hundred people at Salish Kootenai College on the sprawling Flathead Indian reservation. Among other things, she promised to name a representative of the American Indian community to work alongside her in the White House.
Clinton's visit came a week before primaries in Montana and South Dakota are expected to feature a sizable representation of American Indian voters.
Clinton affirms commitment to Indian issues
- Posted by Christopher Estep on May 14, 2008
- "It's my money and I need it now!!!" Hillary Clinton watches one too many J. G. Wentworth commercials.
- Senator Clinton shows the audience how she responded when Bill asked her to "do a Monica".
- Hillary tries to relate to West Virginia voters by demonstrating how they harvest Rocky Mountain Oysters in Arkansas.
- Though she never quite mastered Bill's "I feel your pain" gesture, she never stopped trying.
- Hillary Clinton demonstrates her idea for the new game, "Wii Dentist"
Am I the only one who sees the resemblance between Hillary Clinton and Count Dracula?
- Posted by Christopher Estep on May 9, 2008
- Posted by Christopher Estep on May 7, 2008
She's done. And in spite of conservative pundits saying we shouldn't admire her tenacity, I do. Yeah, it's typical Clintonian style, but she held on and adjusted before it was too late. Are you listening Fred Thompson? ad-just-ment. It's a good thing. Saying, "well, this is just how I am and that's my style" wastes everyones time and money (and you wasted some of mine too).
Regardless, The only thing for her to do is call it quits and beg for the Veep slot. If Obama doesn't give it to her, the Democrats are doomed because there will be no enthusiasm from her supporters and you've just shot half your base.
And it still gets more interesting every day.