Most movie1Gee unconstitutional see another instance where Obama disregard of constitutional law, and that his words are gold, but the man has a law degree, the original teaching constitutional law.
Another point to keep in mind during the recovery process reading all this, Obama in the Democratic presidential campaign, to encourage basic constitutional principles indeed signed the “American promise of freedom.” [* KOFF KOFF *] On a side note, it took a very long time the Obama camp agreed to sign the pledge.
In this document, it just requires candidates to confirm, read a statement: “We are Americans, and in our America, we do not torture, we do not imprison people without charge or legal remedy, we do not tap people’s phones and e-mail without a court order, first of all we do not give any president unchecked power [Note: This is included in the announcement during the war]. I swear to fight to protect and defend the Constitution of attack any president, “who did not sign the document’s unique who is Hillary Clinton.
Hillary Clinton as secretary of state can not legally due according to “pay clause” of the Constitution or wages or other remuneration terms of employment. In other words, Congress can not create new jobs, or on existing work to give a raise, then these same job for themselves. In the “General Joe” verbage, which means that Congress can not afford their salaries have gone up an appointment at the time the person serving in Congress.
First, Article 6, Section 2
No Senator or Representative shall, at the time of his election, was appointed in the United States, which should have been created, or the salary branching, in this time has increased the authority of any civil office: and no person holding any office in accordance with the United States should be for the House of Representatives during his tenure as a member.
By the date of January 4, 2008 executive order, President Bush ordered the cabinet secretary’s salary increased from $ 186,000 to $ 191,300. So, this year, an increase in salary as secretary of state. This is a raise or “pay” increase. Senator Clinton’s term runs from 2007 to 2012, so that the position of the secretary or the nation until the end of their term of office, she is not eligible.
Eugene Volokh, who is a law professor, law professor at the University of California, Los Angeles, free speech law, criminal law, freedom of religion law, church-state relations. To the University of California at Los Angeles, and his clerk Justice Sandra Day O’Connor on the US Supreme Court and Judge Alex Kozinski in the United States Court of Appeals for the Ninth Circuit. He also wrote three textbooks, more than 50 law review articles and more than 80 editorial opinion. Here is his take things:
Therefore, “Hillary Clinton is unconstitutional?” In short, yes – or, more precisely, Secretary of State Hillary Clinton will be unconstitutional.
The first salary, Article 6 of the “No Senator or Representative shall, after he was elected, be appointed to any civil authority in the United States, the office, which shall have been created, or the salary of the fruit in this time period should have been encreased. “As far as I understand, from President Bush’s executive order earlier this year,” encreased “in the” pay “the post of Secretary of State (wages). I checked latitude, Hillary is an elected senator from New York time. She was appointed secretary of state for civil office, she will be appointed in the office for which she was elected to the Senate when “whereof shall have been encreased pay.” Therefore, the plain language terms it seems that she pay it …… appointment, if the constitution being taken seriously (which is certainly not more than occasionally on these issues).
But President Taft Nixon, Carter and Clinton ignored the Constitution and bypass it with a loophole. They did it by low wages, in hindsight. Nevertheless, this is not necessarily legal.
In the case of Nixon, he nominated Senator William Saxby (R-OH) as the Saturday Night Massacre after his Attorney General, but the company’s payroll has increased in the 1969 Saxby term . Nixon persuaded Congress to reduce the level of 1969 before Saxby salary, while the “Saxby fix” was born.
Volokh continue on this issue for Saxby correction:
Again, “Saxby correction” is notorious precedent, which I discuss in Lloyd. Unable to repeal a statute passed by Congress, or US President George W. Bush (even Obama) rescind the Executive Order, selectivity, as Hillary Clinton, let everyone happy? Gone: This provision prohibits the remuneration of fruit appointed office “should have been increased.” A “fix” can lift wages, but not abolish historical events. Pay Office has increased. Specified in the text of the rule is still controlled.
Also in Saxby repair, Senator Robert Byrd opposes this fix, said the Constitution is clear, “We should not deceive the American people, that a way can be found around the constitutional obstacle.”
Volokh hased John Connor, who wrote an article on this issue, the salary Caluse: an intruder in the Federal Constitution, the Anti-Federalists, 24 Hofstra L. Pastor 89 (1995) [PDF], he views on the matter.
“I think it is an indisputable fact is that Senator Clinton is currently not eligible to serve as secretary of state. I also believe that the construction of a better salary terms, the” Saxby fix “does not remove the unqualified.
…… So, in terms of the direct application of the remuneration, are not eligible to serve as Secretary of State Hillary Clinton, because the pay for the job, “has increased” in the Senate, Senator Hillary current tenure, which lasted until the disability “End Time this [she] was elected, “or until January 2013.
…… By its plain language, the remuneration provisions apply to the office when wages “should have been improved,” without regard to whether it is how to rise. …… This provision does not require a senator or congressman voted for the increase.
More difficult problem is that it was when Senator Clinton’s tenure began in 2007 legislative ban if Senator Clinton’s appointment may be through “Saxby correction,” because the US Congress to reduce the wages equal to or lower than the Minister of National the cure …
It is my view that the appointment saxophone than repair ban can not be deleted. I believe Saxby repair is invalid based on the terms of remuneration of ordinary reading, also in violation of the intent of the provision. The remuneration package provides a non-eligible for appointment to the pay office, which ‘has increased. “Even later reduced the pay office, in my opinion, they ‘have encreased” Senator Clinton is currently in the Senate term even if they later decline. ”
Not the first time the Clintons and pay CLAUSE
1993 President-elect Bill Clinton tried to confirm Senator Lloyd Bentsen (D-TX), as his finance minister, although he has been re-elected in 1989 before the Senate, the Cabinet raises. January 5, 1993, Senator John Glenn, who introduced SJ reservoir. 1, the contents of which in its relevant part:
By the United States of America in Congress assembled representatives of the Senate and the House resolved that (a) compensation and other emoluments connection TOT finance minister, his office shall affect January 1, 1989, notwithstanding any increase in such compensation or remuneration after this date under–
(1) Moral Reform Act of 1989 (Public Law 101-194) or any other provision of law to amend the Act; or
(2) any other provision of law, or to provide effective and legal effect, which entered into force at the beginning of the development or in January 3, 1989 at noon time, and in January 3, 1995 and ends at noon.
The joint resolution shall be in the afternoon 12: Entry into force on 20 January 00,1993.
It is no objection by both houses and signed into law by US President George W. Bush on January 19, 1993 will receive a $ 99,500 Bentsen salary of his cabinet service, far less than his colleagues in the $ 148,400. When this issue threatens Cong nomination in 1996 resurfaced. Bill Richardson and Senator William Cohen, UN ambassador and Defense Counsel, respectively, the US Justice Department’s Office, he noted that Richardson’s position before the pay increase occurred, his current term problems brewing in Congress, Cohen’s participation prior to the expiration of the term of office of members, he was sworn in.
But again, this can be traced back to what Volokh on the matter said, “‘fix’ can lift wages, but not abolish the historic event. Remuneration office has increased. Specified in the text of the rule is still controlled.”
In addition, US President Bill Clinton in 1998 to re-wrote the part of the Constitution.
Most of the Democratic-controlled Congress would simply type in a new “bill” to resolve everything, thus changing our constitution, so that you can sit in the office Hilliary.
Like Obama does not need to show his “birth certificate”, choosing instead to display the title document does not indicate his place of birth, and therefore unconstitutional “live birth certificate.” In addition to his aunt, said she witnessed his birth in Africa. The ambassador to Kenya, said Kenya is planning the construction of a monument in Kenya, Obama’s birthplace.
Like Obama wants to require schoolchildren and students “service” to do community service, which is in violation of the 13th amendment hour.
And all this even before the man in the office.
All I have to say something, that if appointed as Secretary of State Clinton’s seat, this blog will end as our Constitution is Obama slowly die off. “Change” will no longer be a constitution, so all of your rights, including the right to freedom of speech, freedom of religion, fundamental.
What is really sad is that no one seems to care.