Archive for December 4th, 2008

Sen. Byrd: Staunch Constitutionalist Re Hillary, But Obama?

December 4, 2008

There is a long history of controversy and litigation regarding the provision in the U.S. Constitution prohibiting members of Congress from subsequently attaining to federal offices offering  increased monetary compensation due to the largess of the Congress in which they sat. The most recent example is that of Hillary Clinton who has been nominated to the office of Secretary of State. In Clinton’s case the salary for the position was increased, not by Congress, but via an executive order by President Bush as a COL increase. In any event the Constitutional provision comes in to play: (CNS reports)

The question of eligibility arises from Article 1, Section 6 of the Constitution. It says that no member of Congress can be appointed to a civil office that benefited from a salary increase during the time that House or Senate member served. On Jan. 4, 2008, President Bush signed an executive order raising the salaries of cabinet secretaries from $186,600 to $191,300, a cost of living adjustment….

Meanwhile….

The Senate’s senior member and staunchest constitutional advocate on the Democratic side of the aisle, Robert Byrd of West Virginia, is exploring whether Sen. Hillary Clinton (D-N.Y.) is eligible to become secretary of state in the Obama administration. (CNS reporting again)

Now Senator Robert Byrd (D-WV) has a long history in the Senate and consequently a long history in looking at this particular issue. In speaking of a 1973 case during the Nixon administration when there was a circumvention of the  Constitution by lowering the salary in question, Byrd said:

(The Constitution) “is so clear it can’t be waived…In my judgment, the bill itself shouldn’t be passed. We should not delude the American people into thinking a way can be found around the constitutional obstacle.”

From a Washington Post story at the time via CNS

One wonders if the distinguished Senator from West Viginia will be as diligent in his constitutional fervor when it comes to the issue of Obama’s eligibility.

The Quest for Truth: Nothing Conspiratorial About That….

December 4, 2008

While the SCOTUS may very well brush aside (Dec 5) the pleas of Leo Donofrio et al, there is no way the issue of Barack Obama’s eligibility for president is going to go away anytime soon. Unless,of course, Mr. Obama has a change of heart and releases his birth certificate vault copy, his medical records, and his college records. That’s all the American people are asking and the matter could be put to rest so simply that the mind boggles at the thought of what he could be hiding. The Chicago Tribune, where this full page ad (PDF) appeared twice this week, weighs in today with a debunking article:

The U.S. Supreme Court will consider Friday whether to take up a lawsuit challenging President-elect Barack Obama’s U.S. citizenship, a continuation of a New Jersey case embraced by some opponents of Obama’s election.

The meeting of justices will coincide with a vigil by the filer’s supporters in Washington on the steps of the nation’s highest court.

The suit originally sought to stay the election, and was filed on behalf of Leo Donofrio against New Jersey Secretary of State Nina Mitchell Wells.

Legal experts say the appeal has little chance of succeeding, despite appearing on the court’s schedule. Legal records show it is only the tip of an iceberg of nationwide efforts seeking to derail Obama’s election over accusations that he either wasn’t born a U.S. citizen or that he later renounced his citizenship in Indonesia.

Ed Morrissey at Hot Air goes out of his way to pooh pooh the whole affair and concludes by saying; “I’m sure the comments section will fill with various conspiracy theories over Indonesian school records, Kenyan births, and so on.” Morrissey was correct; he received a torrent of comments, most of them well thought out and on point. Nothing conspiratorial about them. Some sample comments:

–While this has been a tiresome episode, it seems to me that any and all persons seeking the highest office should provide evidence to support their eligibility for the office. The same goes for voter registrations; Self declaration of citizenship does not seem to be satisfactory in this day and age.

–While I agree this basically will fizzle out, why doesn’t he just release it to shut everyone up? Not doing so just looks bad, like there’s something to hide.

–Ed, if there is nothing to hide then why won’t Obama just show the long-form Certificate of Birth. Hawaii doesn’t even accept its own Certification of Live Birth for official proof for their Hawaii Homes Program (or whatever it’s called).Whether there is anything to this or not, if he doesn’t get transparent and just cough up the goods then his upcoming presidency will be even more tainted. It’s easy. Just show us, through the courts not freaking KOS or factcheck.org, the birth certificate. End of story.

–While he’s at it he ought to release his medical records, his tax records and his college records. If he’s gonna be our president we ought to finally get to know who he is and what he’s been up to.

–I had to provide a certified copy of my birth certificate to get a license, go to college, join the military, and get a civilian job. I had to provide high school transcripts to get into college, for my scholarship and to get into the military. I had to provide college transcripts to get into grad school.Why can’t the man who is about to enter the office of the President of the United States be required to do the same?!?!?! Why can’t he be expected to do what the average citizen has no problem doing?

And, on and on….conspiratorial my foot!

Also see Gateway Pundit

And, Bob Parks writing in Canada Free Press yesterday

And, AFRO today

Unite States Supreme Court Building

Unite States Supreme Court Building

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