Thursday, December 10, 2009

Oops, That Pesky Constitution


Article I, Section 9 of the United States Constitution:
"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 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 is given by a body overseen by the government of Norway. But, if you wish to ignore that little problem, there is still the difficulty that President Obama accepted an emolument (money) without the approval of Congress.
And, if you want to totally ignore the law of our land (ie, the Constitution), there's still the little problem of the tax code:
“The decoration is deemed to have been accepted on behalf of the United States, shall become the property of the United States, and shall be deposited by the employee, within sixty days of acceptance, with the employing agency for official use.”

BTW, this has been understood to be the law in the past, by President Theodore Roosevelt who did not receive his prize until after leaving office, to President Clinton's legal review in 1993.
Will our law be upheld?

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