Saturday, October 17, 2009

An Unconstitutional Nobel

WASHINGTON POST, 10/16/2009, By Ronald D. Rotunda and J. Peter Pham (Hat tip: John H. Detweiler) - 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 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. It raises important legal questions for the second time in less than 10 months -- questions not discussed, much less adequately addressed anywhere else. [Emphasis added] Read more at the Washington Post...

John wrote, "An Emolument? I hope this goes to court."

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