Free Website Directory Politics Alabama: Is Obama Nobel Unconstitutional?

Tuesday, December 22, 2009

Is Obama Nobel Unconstitutional?

Okay, who is familiar with the United States Constitution? I refer specifically to Article I, Section, which states in part:

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 Nobel prize comes complete with a cash prize and a rather valuable gold medal, so it is unquestionably an "emolument." Doesn't that make Obama's acceptance of the Nobel prize a violation of the Constitution?

Joseph Farah makes that case in an opinion piece published today.
http://www.wnd.com/index.php?fa=PAGE.view&pageId=119696



Most Americans may not realize, as I did not until very recently, that the Nobel commission is elected by the parliament of Norway. That means the peace prize is made by a commission representing the legislature of a foreign state. There's little question the award amounts to an emolument – at nearly $1.5 million and a priceless gold medal.

Back in 1902, the U.S. attorney general advised that even "a simple remembrance" qualified as an emolument – "any present of any kind whatever." In 1993, President Bill Clinton's legal counsel affirmed that finding and explained that the text of the clause does not limit "its application solely to foreign governments acting as sovereigns" – but even when foreign governments work through other devices and organizations.

When I first heard about this, I was somewhat mollified by the fact that Obama announced he would give the money to charity.

But there are four big problems with that:

- It's not his money to give away. If he files for a tax deduction for the prize money, as he surely will, it would reduce his income taxes by about a half-million dollars.

- A federal statute states that if the president accepts a "tangible or intangible present" for more than a minimal value from any foreign government, the gift "shall become the property of the United States."

- No mention was ever made of turning over the gold medal to charity or to the government of the United States.

- He did not get the consent of the Congress of the United States.

Why is that last one so important?

Because it's the law of the land.

This is just another example of the Obama administration doing what he wants to do without regards for the legality of his actions. Accepting this award without prior Congressional approval is a clear violation of the US Constitution, which prompts me once again to pose this question:

If the President of the United States does not have to obey the laws of this land, why should the rest of us be expected to do so? If he can choose to simply ignore an inconvenient law, why can't we?

Defense lawyers take note... call this one the "Obama Defense."

I wish I could say that PresBo respects our Constitution and our laws, but the plain fact is that he doesn't. He is more interested in exercising as much power as he can than he is in observing limitations on that power.

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