Re: Hillary Constitutionally barred from Sec. of S
Baron first of all it's good to see you posting again. You were missed around here during the election. You always spice it up and make it a lot of fun.
That said, I'm glad to see your concern for the Constitution is back in tack after defending the Bush administrations unconstitutional wire tapping. Glad to see you've found your voice on important constitutional issues like whether Hillary Clinton can be appointed Secretary of State.
__________________
In essentials, unity. In non-essentials, liberty. In all things, charity. Augustine
Re: Hillary Constitutionally barred from Sec. of S
Just saw a report about this and they say it's not an issue. Yes, it's in the Constitution, but it's been run into before (in the Ford administration and others) and there are ways to rig the salaries so that it conforms to the law.
P.S. ok, sorry, i just went and read some of the previous posts and see this has been addressed already. sorry.
__________________
"Most human beings are not able to stand the message of the shaking of foundations. They reject and attack the prophetic minds, not because they really disagree with them, but because they sense the truth of their words and cannot receive it." Paul Tillich
Re: Hillary Constitutionally barred from Sec. of S
Aw man ... you got him now counselor ... let's impeach the President-elect ...Yawn.
When will this madness end????
You guys don't give up do you ... this issue is as old as CC1.
It's been maneuvered around by sitting Presidents and incoming ones (Republicans and Democrats alike) with what is called the Saxbe Fix
Some info:In James Madison's notes at the 1787 Constitutional Convention, there was fear of members of Congress creating new jobs or giving raises to existing jobs, and then taking them for themselves. Madison viewed creation of offices and increase of salaries as one of the greatest fears of corruption of legislative service. Madison originally proposed a one-year ban on such service, but it was passed in its current form without a time consideration.[2] Corruption like that previously seen in the British Parliament was a consideration during debate by the framers of the Constitution.[3]While this fix is named after Saxbe, it had been used before, on February 11, 1909, when United States Senator from Pennsylvania Philander C. Knox was picked by President Taft to be Secretary of State. At the time, the United States Senate Committee on the Judiciary determined the remedy of resetting the salary to its pre-service level, and the whole Senate passed it unanimously.[4][edit]
Legality-Some legal scholars do not believe that the Saxbe fix addresses the constitutional problem. Because the language of the rule is an absolute prohibition, Michael Paulsen, a Constitutional law expert, said that:
A 'fix' can rescind the salary, ... but it cannot repeal historical events. The emoluments of the office had been increased. The rule specified in the text still controls.
Recent examples: United States President Richard Nixon wanted to appoint Saxbe as the United States Attorney General from his position as a United States Senator from Ohio following the firing of Elliot Richardson in the Saturday Night Massacre in 1973.[6] Saxbe had been a Senator in 1969 when the Congress passed a pay increase from US$35,000 to $60,000 for Cabinet members.[7] Congress eventually allowed the appointment when it accepted Nixon's request to lower the attorney general's salary to its pre-1969 level. Saxbe went on to serve as Nixon's fourth and final Attorney General.[8]Jimmy Carter used the fix to appoint Edmund Muskie as his Secretary of State after Cyrus Vance resigned following Carter's attempted military rescue of U.S. hostages in Iran.[6] However, during the Ronald Reagan administration, the solution was deemed inappropriate for the appointment of Orrin Hatch to the United States Supreme Court in June 1987 after Congress had approved $6,000 pay raises for Supreme Court Justices in February.[9][10][11][12] Hatch had been on the short list of two finalists with Robert Bork, but after Bork was rejected and the Ineligibility Clause had been brought to light he was no longer under consideration. Thus, Bork, Douglas Ginsburg and Anthony Kennedy were subsequently nominated.[10]The issue came up again when as he was leaving office, President George H.W. Bush approved a Saxbe fix so that Lloyd Bentsen could move from the Senate to take the job of Treasury Secretary during the Bill Clinton administration.[13] Ten Democratic Senators voted against the most recent use of the ploy on constitutional grounds, including current Senator Robert C. Byrd of United States Senator from West Virginia (the only remaining Senator currently serving). Byrd explained his position at the time: "we should not delude the American people into thinking a way can be found around the constitutional obstacle.
The logic behind objections to the Saxbe fix is that an increase and offsetting decrease are still unconstitutional, but the common interpretation that has traditionally carried the majority is that the legislative intent was that net increases are the relevant consideration.[8]
Re: Hillary Constitutionally barred from Sec. of S
DA is here, ALL RISE!
__________________ "It is inhumane, in my opinion, to force people who have a genuine medical need for coffee to wait in line behind people who apparently view it as some kind of recreational activity." Dave Barry 2005
I am a firm believer in the Old Paths
Articles on such subjects as "The New Birth," will be accepted, whether they teach that the new birth takes place before baptism in water and Spirit, or that the new birth consists of baptism of water and Spirit. - THE PENTECOSTAL HERALD Dec. 1945
"It is doubtful if any Trinitarian Pentecostals have ever professed to believe in three gods, and Oneness Pentecostals should not claim that they do." - Daniel Segraves
Re: Hillary Constitutionally barred from Sec. of S
Quote:
Originally Posted by Light
Hey Barron where were you when the Bush & Chinny chin chin were elected as Prez and vice prez. Doesn't the constitution say both can't be from the same state?
Old chinny chin chin just said I am from Montana even though that was a lie.
Light on the facts.
Cheney is from Wyoming.
__________________
When a newspaper posed the question, "What's Wrong with the World?" G. K. Chesterton reputedly wrote a brief letter in response: "Dear Sirs: I am. Sincerely Yours, G. K. Chesterton." That is the attitude of someone who has grasped the message of Jesus.
Re: Hillary Constitutionally barred from Sec. of S
Quote:
Originally Posted by MikeinAR
Baron first of all it's good to see you posting again. You were missed around here during the election. You always spice it up and make it a lot of fun.
That said, I'm glad to see your concern for the Constitution is back in tack after defending the Bush administrations unconstitutional wire tapping. Glad to see you've found your voice on important constitutional issues like whether Hillary Clinton can be appointed Secretary of State.
The president is constitutionally bound to protect Americans. The wiretaps weren't unconstitutional. Your grandma sharing her sweet potato casserole over the phone was not intercepted. There is no evidence that abuse of power took place here. There is much evidence that the wiretaps averted terrorism.
__________________
When a newspaper posed the question, "What's Wrong with the World?" G. K. Chesterton reputedly wrote a brief letter in response: "Dear Sirs: I am. Sincerely Yours, G. K. Chesterton." That is the attitude of someone who has grasped the message of Jesus.
Re: Hillary Constitutionally barred from Sec. of S
Quote:
Originally Posted by Daniel Alicea
Aw man ... you got him now counselor ... let's impeach the President-elect ...Yawn.
When will this madness end????
You guys don't give up do you ... this issue is as old as CC1.
It's been maneuvered around by sitting Presidents and incoming ones (Republicans and Democrats alike) with what is called the Saxbe Fix
Some info:In James Madison's notes at the 1787 Constitutional Convention, there was fear of members of Congress creating new jobs or giving raises to existing jobs, and then taking them for themselves. Madison viewed creation of offices and increase of salaries as one of the greatest fears of corruption of legislative service. Madison originally proposed a one-year ban on such service, but it was passed in its current form without a time consideration.[2] Corruption like that previously seen in the British Parliament was a consideration during debate by the framers of the Constitution.[3]While this fix is named after Saxbe, it had been used before, on February 11, 1909, when United States Senator from Pennsylvania Philander C. Knox was picked by President Taft to be Secretary of State. At the time, the United States Senate Committee on the Judiciary determined the remedy of resetting the salary to its pre-service level, and the whole Senate passed it unanimously.[4][edit]
Legality-Some legal scholars do not believe that the Saxbe fix addresses the constitutional problem. Because the language of the rule is an absolute prohibition, Michael Paulsen, a Constitutional law expert, said that:
A 'fix' can rescind the salary, ... but it cannot repeal historical events. The emoluments of the office had been increased. The rule specified in the text still controls.
Recent examples: United States President Richard Nixon wanted to appoint Saxbe as the United States Attorney General from his position as a United States Senator from Ohio following the firing of Elliot Richardson in the Saturday Night Massacre in 1973.[6] Saxbe had been a Senator in 1969 when the Congress passed a pay increase from US$35,000 to $60,000 for Cabinet members.[7] Congress eventually allowed the appointment when it accepted Nixon's request to lower the attorney general's salary to its pre-1969 level. Saxbe went on to serve as Nixon's fourth and final Attorney General.[8]Jimmy Carter used the fix to appoint Edmund Muskie as his Secretary of State after Cyrus Vance resigned following Carter's attempted military rescue of U.S. hostages in Iran.[6] However, during the Ronald Reagan administration, the solution was deemed inappropriate for the appointment of Orrin Hatch to the United States Supreme Court in June 1987 after Congress had approved $6,000 pay raises for Supreme Court Justices in February.[9][10][11][12] Hatch had been on the short list of two finalists with Robert Bork, but after Bork was rejected and the Ineligibility Clause had been brought to light he was no longer under consideration. Thus, Bork, Douglas Ginsburg and Anthony Kennedy were subsequently nominated.[10]The issue came up again when as he was leaving office, President George H.W. Bush approved a Saxbe fix so that Lloyd Bentsen could move from the Senate to take the job of Treasury Secretary during the Bill Clinton administration.[13] Ten Democratic Senators voted against the most recent use of the ploy on constitutional grounds, including current Senator Robert C. Byrd of United States Senator from West Virginia (the only remaining Senator currently serving). Byrd explained his position at the time: "we should not delude the American people into thinking a way can be found around the constitutional obstacle.
The logic behind objections to the Saxbe fix is that an increase and offsetting decrease are still unconstitutional, but the common interpretation that has traditionally carried the majority is that the legislative intent was that net increases are the relevant consideration.[8]
__________________
When a newspaper posed the question, "What's Wrong with the World?" G. K. Chesterton reputedly wrote a brief letter in response: "Dear Sirs: I am. Sincerely Yours, G. K. Chesterton." That is the attitude of someone who has grasped the message of Jesus.
Re: Hillary Constitutionally barred from Sec. of S
Quote:
Originally Posted by Daniel Alicea
Aw man ... you got him now counselor ... let's impeach the President-elect ...Yawn.
When will this madness end????
You guys don't give up do you ... this issue is as old as CC1.
It's been maneuvered around by sitting Presidents and incoming ones (Republicans and Democrats alike) with what is called the Saxbe Fix
Some info:In James Madison's notes at the 1787 Constitutional Convention, there was fear of members of Congress creating new jobs or giving raises to existing jobs, and then taking them for themselves. Madison viewed creation of offices and increase of salaries as one of the greatest fears of corruption of legislative service. Madison originally proposed a one-year ban on such service, but it was passed in its current form without a time consideration.[2] Corruption like that previously seen in the British Parliament was a consideration during debate by the framers of the Constitution.[3]While this fix is named after Saxbe, it had been used before, on February 11, 1909, when United States Senator from Pennsylvania Philander C. Knox was picked by President Taft to be Secretary of State. At the time, the United States Senate Committee on the Judiciary determined the remedy of resetting the salary to its pre-service level, and the whole Senate passed it unanimously.[4][edit]
Legality-Some legal scholars do not believe that the Saxbe fix addresses the constitutional problem. Because the language of the rule is an absolute prohibition, Michael Paulsen, a Constitutional law expert, said that:
A 'fix' can rescind the salary, ... but it cannot repeal historical events. The emoluments of the office had been increased. The rule specified in the text still controls.
Recent examples: United States President Richard Nixon wanted to appoint Saxbe as the United States Attorney General from his position as a United States Senator from Ohio following the firing of Elliot Richardson in the Saturday Night Massacre in 1973.[6] Saxbe had been a Senator in 1969 when the Congress passed a pay increase from US$35,000 to $60,000 for Cabinet members.[7] Congress eventually allowed the appointment when it accepted Nixon's request to lower the attorney general's salary to its pre-1969 level. Saxbe went on to serve as Nixon's fourth and final Attorney General.[8]Jimmy Carter used the fix to appoint Edmund Muskie as his Secretary of State after Cyrus Vance resigned following Carter's attempted military rescue of U.S. hostages in Iran.[6] However, during the Ronald Reagan administration, the solution was deemed inappropriate for the appointment of Orrin Hatch to the United States Supreme Court in June 1987 after Congress had approved $6,000 pay raises for Supreme Court Justices in February.[9][10][11][12] Hatch had been on the short list of two finalists with Robert Bork, but after Bork was rejected and the Ineligibility Clause had been brought to light he was no longer under consideration. Thus, Bork, Douglas Ginsburg and Anthony Kennedy were subsequently nominated.[10]The issue came up again when as he was leaving office, President George H.W. Bush approved a Saxbe fix so that Lloyd Bentsen could move from the Senate to take the job of Treasury Secretary during the Bill Clinton administration.[13] Ten Democratic Senators voted against the most recent use of the ploy on constitutional grounds, including current Senator Robert C. Byrd of United States Senator from West Virginia (the only remaining Senator currently serving). Byrd explained his position at the time: "we should not delude the American people into thinking a way can be found around the constitutional obstacle.
The logic behind objections to the Saxbe fix is that an increase and offsetting decrease are still unconstitutional, but the common interpretation that has traditionally carried the majority is that the legislative intent was that net increases are the relevant consideration.[8]
Re: Hillary Constitutionally barred from Sec. of S
Quote:
Originally Posted by deacon blues
The president is constitutionally bound to protect Americans. The wiretaps weren't unconstitutional. Your grandma sharing her sweet potato casserole over the phone was not intercepted. There is no evidence that abuse of power took place here. There is much evidence that the wiretaps averted terrorism.
DB, like I've told others, I realize that many of you all are willing to cede your 4th amendment rights to warrantless wiretaps. I, however, am unwilling to do so.
I'm not ready to trod all over my constitutional rights so the government can dodge having to go to court with specific evidence in order to tap phones. Imagine that, having to go before a federal judge and actually present evidence to gain a warrant and do it legally! What a concept!
__________________
In essentials, unity. In non-essentials, liberty. In all things, charity. Augustine
Linear Mode
