Can the president legaly do this? chairman of the U.N. Security Councel...  |
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"No title of nobility shall be granted by the United States; and no person holding any office of profit or trust under them, shall without consent of Congress accept of any present, emolument, office, or title, of any kind whatever, from any King, Prince, or foreign State.” ~U.S. constitution, article 1 section 9 clause 8 I am still researching this and trying to come to a conclusion myself, so I have not yet formed a solid opinion on this one. I am interested in the thoughts of others here on this one, but please, leave your party letter at the door. Lets discuss this entirely on it's constitutional and legal merrits, no "Republicans/Democrats blah blah...Bush/Clinton blah blah" or "where were you when so and so blah blah". I am only asking about the constitutional and legal merrits of this. So far, one person in particular I go to with my constitutional questions has stated that this is absolutely unconstitutional.
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1. ParaTed2k (4586) | 1 month ago | That is a good question. It does say that it can happen with consent of Congress. So my initial response would be, yes, if Congress consents, then it is Constitutional. It will be interesting to see if Obama bothers seeking the consent of Congress, or if Congress bothers granting it.
Notice that Obama and Congress never bothered with consent, making his acceptance of the Nobel Piss Prize Constitutional.
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ParaTed2k (4586) | 1 month ago | Sorry Taskr, it seems that people read my comment and thought your OP was about the Nobel Piss Prize. Didn't mean to hijack it.
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xfahctor (5253) | 1 month ago | Yeh, everyone seemd to think this was over the Nobel prize, I guess I should have been more specific in my original post and put it in the body instead of just the thread title. I'm really bad at this game:/
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2. Taskr36 (4581) | 1 month ago | Yup, I'd heard about Ron Paul and several other congressmen bringing this up. I'm betting it will be quashed by the democratic majority and receive absolutely no press from any media outlet besides Fox News.
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xfahctor (5253) | 1 month ago | I haven't even seen this on Fox news yet. I was reading a discussion in another forum on it started by a guy who I consider one of the smartest folks I know on constitutional issues. As far as I can tell, all it would take is for congress to consent to it and the constitutional issue goes away, but we should be doing this the right way.
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Taskr36 (4581) | 1 month ago | I only saw it on the Fox News ticker at the bottom of the screen so I don't know if it's been discussed on any of their shows. I didn't realize this was about the security council when I read it.
The funny thing is my first thought when I started reading your thread was this line:
"No title of nobility shall be granted by the United States"
I was going to point out that this means that Obama's appointment of Emperors, or as he calls them "Czars" is clearly unconstitutional as that is a title of nobility.
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flowerchilde (6827) | 1 month ago | My first thought was it was about "the Czars" too, not being congressionally approved (or most of them anyway).. I haven't seen much attention to the U.N. Chairman issue.. I've even exactly forgotten when that's supposed to occur. - Yes, I thing they should do it the constitutional way.. just as should have been done with the 'Czars'.. and also with some other constitutional issues which have come up over the years. I don't like this glossing over and hazing the lines of power and checks and balances.
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3. gewcew23 (4073) | 1 month ago | The issue is not that he received the Noble Peace Prize and the money that goes with the prize but he received the reward while President. I would have to agree with Congressman Ron Paul that receiving the Prize and money is unconstitutional. Even if it is not unconstitutional let us examine the fact that our sitting President received over a million dollars from a foreign source. This could produce a conflict of interest. What if Obama ran the early part of his Presidency to win the Prize. Maybe all the trips around the world during the first 100 days was a campaign for the Prize. Not saying these where all a deliberate actions but when you receive a Prize that has a cash incentive questions arise about legitimacy of the actions.
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xfahctor (5253) | 1 month ago | Actually this doesn't have anything to do with the Nobel Prize...this is about his being apointed to the rotating position of chairman of the security councel...But you do raise a point with the prize money. I understand however he is donating it to charity.
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gewcew23 (4073) | 1 month ago | I apologize for my failure
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xfahctor (5253) | 1 month ago | lol, it's all good. Good response anyway.
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4. megaplaza (936) | 1 month ago | I guess there are rules for selecting an award winner, is obama a member of the board? I thinks it's unfair for the law to restrict one from bagging an award while in office.
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xfahctor (5253) | 1 month ago | Actually this doesn't have anything to do with the Nobel Prize...this is about his being apointed to the rotating position of chairman of the security councel, and if it is indeed unconstitutional, it applies to any american citizen, not just someone who holds office.
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5. debrakcarey (1351) | 1 month ago | So, were you able to find out if Congress did indeed ok this? OR, he's just that egotistical, and thinks somehow this makes him even more powerful. HOW can he have the interests of America and the UN both at heart?
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xfahctor (5253) | 1 month ago | I have not heard either way yet. I suspect he hasn't but again, I haven't heard either way so it is only a suspician.
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6. The_Lamb_Lies_Down (2787) | 1 month ago | Well, my take on it would be that the U.N. doesn't fall under any of the categories of "King, Prince, or foreign State." Therefore, he could do it.
And since everyone else mentioned it, I should say the Nobel Prize didn't fall under any of those, either. He wasn't awarded the prize by a foreign state. The prize doesn't come from a country per se.
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xfahctor (5253) | 1 month ago | Thats where the sticking point seems to be, whether or not the U.N. constituttes a forign entity. I dug this up, which in itself may present a sort of conflict..... "PROVISIONAL RULES OF PROCEDURE OF THE SECURITY COUNCIL
Rule 19: The President shall preside over the meetings of the Security Council and, under the authority of the Security Council, shall represent it in its capacity as an organ of the United Nations."
On the U.N. neing a foriegn state or entity...a guy I seek constitutional councel with from time to time has this to say.... The creation of the United Nations at the Presidio in San Francisco in 1945, was done by treaty power. It is not part of the United States in any way other than by treaty in the form of an international "Peace" treaty. The Constitution states that treaties are considered part of Constitutional law when they are enacted by an act of Congress and signed by the president.
They are not etched in stone however, and as with all treaties, as was addressed in 1803 by the Supreme Court in the landmark Marbury vs Madison, which states that a law, (by law I mean act of Congress, and no treaty can become law without an Act of Congress), cannot void the Constitution. The Constitution however can void any law including treaties, if that law is repugnant to the Constitution.
When Obama took the position of Chairman of the UN Security Council... he violated Article 1 Section 9 Clause 8 by accepting leadership in an organization that is clearly at odds with the Constitution of the United States.
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