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"Hillary and the Constitution"

 
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zinfella
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Joined: 19 Aug 2004
Posts: 708
Location: Mesa, Az

PostPosted: Thu Dec 04, 2008 2:53 pm    Post subject: "Hillary and the Constitution" Reply with quote

Apparently, nobody is "minding the store"

http://online.wsj.com/article/SB122835023405877775.html?mod=djemEditorialPage

note: Topic Amended/me#1
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Me#1You#10
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Joined: 06 May 2004
Posts: 6503

PostPosted: Thu Dec 04, 2008 4:49 pm    Post subject: Reply with quote

I was unaware of this and it is disconcerting.

Quote:
Senate Democrats are hoping to finesse the problem with the so-called "Saxbe fix," whereby the salary raise for Secretary of State would return to its previous level. Democrats point out this was used by Richard Nixon to make Ohio Senator William Saxbe Attorney General, and again for Lloyd Bentsen to become Treasury Secretary in the Clinton Administration.

The Founders wrote the Emoluments Clause to prevent Members from enriching themselves by setting up plum assignments and then maneuvering into the jobs. If Congress is able to ignore language expressly written to curtail its power, the clause is effectively a dead letter.


"The clause"? How 'bout "The Constitution"?

It appears that all three branches of government have twice conspired in a willfull, arrogant failure to uphold and ignore both the strictures and spirit of an inconvenient Constitutional mandate via legislative slight-of-hand. ALL should have been smacked down hard by an outraged citizenry and I'm wondering now if the "Saxbe Fix" had ever even been judicially challenged by anyone.

While this legislative chicanery might serve to make a rather trivial inconvenience "go away" (perhaps retiring the "Emolument Clause" DOES warrant a Constitutional Amendment process), the precedent that it sets is no small matter and is likely to re-surface in an attempt to ignore other Constitutional mandates, the "Natural Born Citizen" clause being a likely candidate.
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zinfella
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Joined: 19 Aug 2004
Posts: 708
Location: Mesa, Az

PostPosted: Thu Dec 04, 2008 5:01 pm    Post subject: Reply with quote

Me#1You#10 wrote:
I was unaware of this and it is disconcerting.

Quote:
Senate Democrats are hoping to finesse the problem with the so-called "Saxbe fix," whereby the salary raise for Secretary of State would return to its previous level. Democrats point out this was used by Richard Nixon to make Ohio Senator William Saxbe Attorney General, and again for Lloyd Bentsen to become Treasury Secretary in the Clinton Administration.

The Founders wrote the Emoluments Clause to prevent Members from enriching themselves by setting up plum assignments and then maneuvering into the jobs. If Congress is able to ignore language expressly written to curtail its power, the clause is effectively a dead letter.


"The clause"? How 'bout "The Constitution"?

It appears that all three branches of government have twice conspired in a willfull, arrogant failure to uphold and ignore both the strictures and spirit of an inconvenient Constitutional mandate via legislative slight-of-hand. ALL should have been smacked down hard by an outraged citizenry and I'm wondering now if the "Saxbe Fix" had ever even been judicially challenged by anyone.

While this legislative chicanery might serve to make a rather trivial inconvenience "go away" (perhaps retiring the "Emolument Clause" DOES warrant a Constitutional Amendment process), the precedent that it sets is no small matter and is likely to re-surface in an attempt to ignore other Constitutional mandates, the "Natural Born Citizen" clause being a most likely candidate.


My own thoughts are that the current SCOTUS would not accept this chicanery. Of course someone has to bring it to them, and then put up with same type of rhetoric from the left that those who merely want to verify Obama's BC put up with. It seems to me that few people nowadays pay any attention to the end runs around the Constitution, something that I think they will regret.
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GoophyDog
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Joined: 10 Jun 2004
Posts: 480
Location: Washington - The Evergreen State

PostPosted: Thu Dec 04, 2008 9:57 pm    Post subject: Reply with quote

Why is no one mentioning that a "professor of constitutional law" is the one who picked her in the first place?

Um, hello - wasn't that Obama's street creds?
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baldeagle
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Joined: 27 Oct 2004
Posts: 362
Location: Grand Saline, Texas

PostPosted: Fri Dec 05, 2008 1:51 am    Post subject: Reply with quote

Folks, it is my belief that it has been decades since anyone in Washington, from either of the 3 branches of government allowed that "pesky" Constitution to interfere with their agendas.
From McCain/Fiengold and the ACLU tromping all over the 1st amendm't to the thousands of infringments on the 2nd, the many abuses of the 4th by the DEA and ATF, and on and on and on it goes.
No one even bothers to ask if it is "constitutional" any more when considering the next piece of pandering legislation.
The Constitution only comes into play when it is used to settle a dispute between two opposing constituences. So long as no on of influence objects it is full speed ahead and screw the constitution.

Quote:
"I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents...." --James Madison

"We have the right, as individuals, to give away as much of our own money as we please in charity; but as members of Congress we have no right so to appropriate a dollar of the public money." —Davy Crockett

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