Famous Harvard professor of constitutional law Laurence Tribe solves Sen. Hillary Clinton's Emoluments Clause dilemma by determining that the increase to the Secretary of State's salary actually occurred in the 1990s and not during Sen. Clinton's term in office, which began during the present century.
Prof. Tribe posits that the cost-of-living increase's implementation last January by Executive Order was simply an "all-but-automatic" response to the earlier legislation, in which Sen. Clinton had neither a hand nor even the opportunity to have had a hand, the prevention of which was the concern and intent of the provision's Framers.
All but automatic that is, except for an implied finding by the executive branch that the increase was appropriate, the only element Congress left to the discretion of the president.
Prof. Tribe's time-traveling conclusion appears at Balkinization.
Next up: Barack Obama is not a natural born Citizen of the U.S.
IIRC, more than one person tried to disqualify McCain from the national election based on his being born in Panama.
ReplyDeleteAs for Cliton, I like how she's staying on through her confirmation. Does that mean that she gets to vote on her own confirmation hearing?