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(The Atlantic) Interesting Obama: I want Hillary for my Secretary of State. Constitution: Denied   (marcambinder.theatlantic.com) divider line 198
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SilentStrider [TotalFark] 2008-11-26 07:39:37 PM  
Yeah because this kind of situation has never ever ever happened before and nobody knows what to do about it. (new window)


/you're a moron submitter.
//followed closely by the writer of that article.

 
i am the infidel 2008-11-26 07:46:13 PM  
After looking up the term "emoluments", they may have a point.

I think Obama should ask the federal court system for a ruling on that one. That way both sides could give reasoned arguments for the validity of her appointment and respect the decision of the court so America could be happy with how our government is working together to do what is right.

Who am I kidding? It will be a cluster fark of epic proportions.

 
King Something [TotalFark] 2008-11-26 07:52:41 PM  
i am the infidel: It will be a cluster fark of epic proportions.
o to worry, I came prepared:
img5.travelblog.org

 
i am the infidel 2008-11-26 07:54:24 PM  
So by a "Saxbe fix" we are allowed to simply ignore what the constitution says? Again, interesting.

Am I the only person that thinks the constitution should be heeded and not used as toilet paper?

/I honestly don't care if she is Sec State or not.
//SilentStrider, do you work for Air America or MSNBC by any chance?

 
DamnYankees [TotalFark] 2008-11-26 07:57:47 PM  
SilentStrider: /you're a moron submitter.

No he's not. This is actually really interesting. You think most people have ever heard of the "Saxbe Fix"? Even I've never heard of it, and I'm pretty well versed on the Constitution.

Good submission, even if it turns out to be moot.

 
SilentStrider [TotalFark] 2008-11-26 08:03:54 PM  
DamnYankees: No he's not. This is actually really interesting. You think most people have ever heard of the "Saxbe Fix"? Even I've never heard of it, and I'm pretty well versed on the Constitution.

maybe, maybe not. But the person who wrote the article damn well should have known about it and mentioned it in the article. Instead of giving it a "HA HA YOU CAN'T HAVE HILLARY" tone.

And seriously. Obama taught constitutional law, you think this isn't something he already considered before offering her the job?

 
DamnYankees [TotalFark] 2008-11-26 08:08:28 PM  
SilentStrider: And seriously. Obama taught constitutional law, you think this isn't something he already considered before offering her the job?

There are some parts of the constitution no one remembers or knows about at all, even professors, probably. How many Americans actually know the Constitution forbad the prohibition of the slave trade, even by amendment, until 1808? There's some random stuff in there.

 
i am the infidel 2008-11-26 08:24:19 PM  
SilentStrider:

Why so bitter?

I'm just saying that this situation needs to be determined once and for all. Preferably by the SCOTUS. The Supremes have made some judgments that that I think are brilliant (the right to own a gun is an individual right). There are some that I thought were abhorrent (the right to search everybody in a bus if the bus is pulled over by police for things that had nothing to do with the passengers).

SCOTUS made a judgment and I'm good with that.

Why the vitriol?

/Yes, I'm subby

 
summersa74 2008-11-26 08:25:09 PM  
Why not tell her "I'm going to nominate you" and she resigns before the official nomination. Not a sitting member, not a problem.

 
SilentStrider [TotalFark] 2008-11-26 08:28:40 PM  
i am the infidel: Why so bitter?

bitter, no.
annoyed, yes.

 
Knight without armor 2008-11-26 08:32:53 PM  
Why she will be confirmed as SecState:
Link (new window)

 
Knight without armor 2008-11-26 08:34:53 PM  
And this : Link (new window)

 
Code_Archeologist [TotalFark] 2008-11-26 08:37:32 PM  
DamnYankees: No he's not. This is actually really interesting. You think most people have ever heard of the "Saxbe Fix"? Even I've never heard of it, and I'm pretty well versed on the Constitution.

Good submission, even if it turns out to be moot.


It is interesting for those of us who are politics wonks... but it is unfortunately being blown into a sensational story aimed at discrediting the President-elect.

 
Aarontology [TotalFark] 2008-11-26 08:43:22 PM  
Could they get around this by having Clinton resign her Senate seat before she officially accepts?

 
Kevin5280 2008-11-26 08:47:07 PM  
The Wiki link seems to imply the debate is less about whether or not she could be appointed (it says she needs the Saxbe fix to be eligible) and more about if she'd have to take the pre-2000 or the pre-2006 salary. Anyone know if that's the case?

 
propasaurus [TotalFark] 2008-11-26 08:51:39 PM  
i am the infidel: So by a "Saxbe fix" we are allowed to simply ignore what the constitution says? Again, interesting.

Am I the only person that thinks the constitution should be heeded and not used as toilet paper?


Gee, no one's seemed to care about the Constitution being treated like toilet paper for the last 8 years.

 
Goimir [TotalFark] 2008-11-26 08:54:33 PM  
propasaurus:
Gee, no one's seemed to care about the Constitution being treated like toilet paper for the last 8 years.


Ron Paul unavailable for comment.

 
Neeek [TotalFark] 2008-11-26 08:57:17 PM  
SilentStrider: And seriously. Obama taught constitutional law, you think this isn't something he already considered before offering her the job?

Con law classes don't usually cover that sort of thing, because they are so tangential to the important points of the Constitution.

 
Abstruse [TotalFark] 2008-11-26 09:00:50 PM  
It doesn't matter because Obama can't be president anyway since he's not an American citizen since he was born a Muslim in Kenya to Muslim terrorists. That's why they named him Hussein. Because he's a terrorist. And a Muslim. And a terrorist Muslim. And a communist.

/Thank you, subby and article writer, for giving me another chunk of bullshiat I now have to hear about over and over again based on amateurs interpreting constitutional law rather than, I don't know, REAL constitutional lawyers.

 
Lionel Mandrake [TotalFark] 2008-11-26 09:03:32 PM  
Kevin5280: The Wiki link seems to imply the debate is less about whether or not she could be appointed (it says she needs the Saxbe fix to be eligible) and more about if she'd have to take the pre-2000 or the pre-2006 salary. Anyone know if that's the case?

Seems to be the case to me, but I'm no law-talking guy.

The idea was to prevent legislators from creating jobs with lucrative salaries, then getting themselves appointed to that position. If she keeps the same salary, or a takes a few bucks less, than what the SoS made before she reached the Senate, I don't see the problem. I don't know if she ever voted to increase the SoS salary in the first place...

But this is the sort of manufactured "Constitutional CRISIS!!1!" we can expect from the very people who spent 8 years making excuses for Bush & crew.

 
Dufus [TotalFark] 2008-11-26 09:04:42 PM  
SilentStrider: And seriously. Obama taught constitutional law, you think this isn't something he already considered before offering her the job?

Quite possibly he has.

Dateline Washington DC:

Obama offers olive branch, "Hillary, won't you be my Secretary of State?"
Hillary throws support to Obama by accepting appointment.
SCOTUS says, "Unconstitutional!"
Obama shrugs, "Well, I tried. Sorry it won't happen for you, Hillary"


scene shift to Obama sitting in Oval Office laughing his azzoff.

 
SpinStopper [TotalFark] 2008-11-26 09:05:03 PM  
The relevant passage of the Constitution refers to a 'he' and Hillary isn't a 'he' so no Hillary for SoS. Solved that for y'all.

Pbbbth ;)

 
Dufus [TotalFark] 2008-11-26 09:05:53 PM  
P.S. I love the possibilities of alternate realities, don't you?

 
Neeek [TotalFark] 2008-11-26 09:06:08 PM  
Lionel Mandrake: The idea was to prevent legislators from creating jobs with lucrative salaries, then getting themselves appointed to that position. If she keeps the same salary, or a takes a few bucks less, than what the SoS made before she reached the Senate, I don't see the problem. I don't know if she ever voted to increase the SoS salary in the first place...

Hell, the next Congress can reset her salary to whatever they want anyway, so even taking a pay cut might not mean taking a pay cut in the end.

 
Dufus [TotalFark] 2008-11-26 09:07:40 PM  
SpinStopper: and Hillary isn't a 'he'

Are we certain of that?

/my Diet Coke must have fermented into alcohol... I'm enjoying this way too much

 
Dufus [TotalFark] 2008-11-26 09:09:00 PM  
Neeek: even taking a pay cut might not mean taking a pay cut in the end.

Without looking it up I have to ask, "When is the last time someone went to 'Higher Office' after being SOS?"

 
Lionel Mandrake [TotalFark] 2008-11-26 09:11:43 PM  
Neeek: Lionel Mandrake: The idea was to prevent legislators from creating jobs with lucrative salaries, then getting themselves appointed to that position. If she keeps the same salary, or a takes a few bucks less, than what the SoS made before she reached the Senate, I don't see the problem. I don't know if she ever voted to increase the SoS salary in the first place...

Hell, the next Congress can reset her salary to whatever they want anyway, so even taking a pay cut might not mean taking a pay cut in the end.


I suppose...but this whole issue is a load of nitpicky wharrgarbl. It would be nice to settle it one way or the other, but Hillary is far from the first to be in this situation - I don't know if any ruckus was raised in the earlier occurrences, but this is no doubt the kind of sore-loser hysterics we can expect from right-wing butthurt blow hards.

 
DamnYankees [TotalFark] 2008-11-26 09:12:55 PM  
Dufus: Neeek: even taking a pay cut might not mean taking a pay cut in the end.

Without looking it up I have to ask, "When is the last time someone went to 'Higher Office' after being SOS?"


James Buchanan.

 
Dufus [TotalFark] 2008-11-26 09:17:34 PM  
Lionel Mandrake: I don't know if any ruckus was raised in the earlier occurrences,

Actually it was. Specifically, by the Democrats. That is one of the things that puts them on the spot so badly according to some of the articles talking about this. Because of the past Democrat protests it may make them look hypocritical if they use the same "fix". Then again... when have politicians (either party) NOT been hypocrites?

 
DistendedPendulusFrenulum 2008-11-26 09:18:10 PM  
Abstruse: It doesn't matter because Obama can't be president anyway since he's not an American citizen since he was born a Muslim in Kenya to Muslim terrorists. That's why they named him Hussein. Because he's a terrorist. And a Muslim. And a terrorist Muslim. And a communist.



You forgot Communist. And Fascist. And atheist.

.

 
sloppy shoes 2008-11-26 09:20:18 PM  
DamnYankees: Dufus: Neeek: even taking a pay cut might not mean taking a pay cut in the end.

Without looking it up I have to ask, "When is the last time someone went to 'Higher Office' after being SOS?"

James Buchanan.


It should be more often. The Sec of State should be the shoe-in position that the VP is now considered to be.

 
liberalish 2008-11-26 09:20:55 PM  
Dufus: SilentStrider: And seriously. Obama taught constitutional law, you think this isn't something he already considered before offering her the job?

Quite possibly he has.

Dateline Washington DC:

Obama offers olive branch, "Hillary, won't you be my Secretary of State?"
Hillary throws support to Obama by accepting appointment.
SCOTUS says, "Unconstitutional!"
Obama shrugs, "Well, I tried. Sorry it won't happen for you, Hillary"

scene shift to Obama sitting in Oval Office laughing his azzoff.


My thought exactly

/bold

 
Dufus [TotalFark] 2008-11-26 09:21:15 PM  
DamnYankees: James Buchanan.

No one in "modern times", interesting. Seems to be a dead end as far as political career is concerned. Not exactly something Hillary is likely to accept. Maybe SHE is the one who figured this out and floated it to give her an out without declining the offer herself.

/Man! I love conspiracy theories!

 
SpinStopper [TotalFark] 2008-11-26 09:24:17 PM  
Dufus: SpinStopper: and Hillary isn't a 'he'

Are we certain of that?


I nominate you as victim Person who Has to Look. My wife seconds. Motion passes.

Go get 'em, tiger ;)

 
liberalish 2008-11-26 09:24:43 PM  
Knight without armor: And this : Link (new window)

Great info. So this would be the third time for that position specifically? That seems like some sort of precedent.

 
thalassatx [TotalFark] 2008-11-26 09:25:43 PM  
propasaurus:
Gee, no one's seemed to care about the Constitution being treated like toilet paper for the last 8 years.


Oh yes, good answer. Just keep acting like we don't have a Constitution.

 
Lionel Mandrake [TotalFark] 2008-11-26 09:26:43 PM  
Dufus: Lionel Mandrake: I don't know if any ruckus was raised in the earlier occurrences,

Actually it was. Specifically, by the Democrats. That is one of the things that puts them on the spot so badly according to some of the articles talking about this. Because of the past Democrat protests it may make them look hypocritical if they use the same "fix". Then again... when have politicians (either party) NOT been hypocrites?


...right you are. Hardly surprising. Maybe it will get settled once and for all this time (not counting on it). This seems to be a case where the spirit of the law is not really violated - the salaries are meager compared to HRC's (and others') actual income/worth, and the SoS makes only a few thousand more than a Senator (less than a drop in the bucket for the Clinton's, and pretty much every person at that level of government).

 
006andahalf 2008-11-26 09:31:08 PM  
DamnYankees: Dufus: Neeek: even taking a pay cut might not mean taking a pay cut in the end.

Without looking it up I have to ask, "When is the last time someone went to 'Higher Office' after being SOS?"

James Buchanan.



...That ended well.

Funny how the very embodiment of 'experience' looked pretty bad compared to that lanky inexperienced twerp from Illinois.

 
RevMercutio [TotalFark] 2008-11-26 09:37:20 PM  
Kevin5280: The Wiki link seems to imply the debate is less about whether or not she could be appointed (it says she needs the Saxbe fix to be eligible) and more about if she'd have to take the pre-2000 or the pre-2006 salary. Anyone know if that's the case?

I would assume it would be the pre-2k6 salary. Clinton wasn't a Senator until 2001.

 
Dufus [TotalFark] 2008-11-26 09:37:35 PM  
SpinStopper: I nominate you as victim Person who Has to Look. My wife seconds. Motion passes.

Go get 'em, tiger ;)


No thanks! Besides, it's my opinion that those are impregnable Kevlar pants suits she wears.

 
Isotope 2008-11-26 10:07:23 PM  
I'm not constitutional scholar, but from reading that article of the constitution, it would seem that there would be no problem with Ms. Clinton resigning from the Senate and accepting the Secretary of State job in the same breath.

 
angrymacface [TotalFark] 2008-11-26 10:16:25 PM  
Isotope: I'm not constitutional scholar, but from reading that article of the constitution, it would seem that there would be no problem with Ms. Clinton resigning from the Senate and accepting the Secretary of State job in the same breath.

This part:

No Senator or Representative shall, during the Time for which he was elected...

 
CravenMorehead 2008-11-26 10:21:07 PM  
Is there a no-cankles clause?

 
Lundah [TotalFark] 2008-11-26 10:39:38 PM  
Lionel Mandrake: But this is the sort of manufactured "Constitutional CRISIS!!1!" we can expect from the very people who spent 8 years making excuses for Bush & crew.

Funny how NOW they're all concerned about what the Constitution says. I guess it only applies to Democrats now?

 
Firemarshalbill 2008-11-26 10:46:39 PM  
Lionel Mandrake:
But this is the sort of manufactured "Constitutional CRISIS!!1!" we can expect from the very people who spent 8 years making excuses for Bush & crew.

Well I guess A+++ for being just like the people you hate so much, and excusing it the same way.

 
Gangway Fathead 2008-11-26 10:47:26 PM  
All this over $4700?

 
McManus_brothers [TotalFark] 2008-11-26 10:48:41 PM  
What if she doesn't take a salary? It's not like she and Bill need the money.

 
Funk Brothers 2008-11-26 10:50:57 PM  
Don't worry, Bush can change the constitution for him.

 
CanisNoir [TotalFark] 2008-11-26 10:52:13 PM  
Lionel Mandrake: But this is the sort of manufactured "Constitutional CRISIS!!1!" we can expect from the very people who spent 8 years making excuses for Bush & crew.

"But...But...But...BUSH!" is the type of manufactured red herring we can look forward to for at least the next four years I guess.

Deal with it Mandrake; Hilldog's nomination is a genuine issue. It's not a big one, but a valid one.

And nobody is using it to Discredit your Messiah; they are just pointing out that one of the most visible appointments by the Constitutional Scholar, violates the Constitution.

 
Biological Ali 2008-11-26 10:53:04 PM  
Abstruse: It doesn't matter because Obama can't be president anyway since he's not an American citizen since he was born a Muslim in Kenya to Muslim terrorists. That's why they named him Hussein. Because he's a terrorist. And a Muslim. And a terrorist Muslim. And a communist.

You said 'Muslim' twice four times.

 
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