Obama Nobel Prize Illegal, Unconstitutional

by 158 | October 15, 2009 at 05:41 pm

1214 views | 54 Recommendations | 53 comments

Article I, Section 9, of the Constitution, the emolument clause, clearly stipulates: "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."

This article that is from the

constitution of the United

States is very clear. The Nobel

orize is a present from a foreign

nation and it is not legal for the

president to accept

People can, and undoubtedly will, argue for some time about whether President Obama deserves the Nobel Peace Prize. Meanwhile, though, there's a simpler and more immediate question: Does the Constitution allow him to accept the award?

here is another problem

with this award. President

Obama has said he will give

the money to charity. Yet a

federal law says that any gift to

a president becomes the property

of the United States, so he cannot

just give it away.

An opinion of the U.S. attorney general advised, in 1902, that "a simple remembrance," even "if merely a photograph, falls under the inclusion of 'any present of any kind whatever.' "

It would appear that

there are few exceptions.

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Karl Gotthardt - albertacowpoke

at 17:54 on October 15th, 2009

Interesting, but I doubt that President Obama is the first President accepting gifts from a foreign organization or nation.

158

at 18:13 on October 15th, 2009

I need to research this but I am sure no sitting president has received a prize this big.

Rhonda J Mangus

at 17:54 on October 15th, 2009

Very interesting, 158! Thanks for posting!

158

at 18:14 on October 15th, 2009

You are very welcome

a211423

at 18:16 on October 15th, 2009

This is how Theodore Roosevelt handled receiving the award.

On January 8, 1907, he wrote to the Nobel Prize Committee:

"The medal and diploma will be prized by me throughout my life, and by my children after my death. I have turned over the money to a committee, including the Chief Justice of the Supreme Court of the United States and the Secretaries of Agriculture and Commerce and Labor, in trust, to be used as a foundation for promoting the cause of industrial peace in this country. In our modern civilization it is as essential to secure a righteous peace based upon sympathy and fair dealing between the different classes of society as it is to secure such a peace among the nations of the earth; and therefore I have felt that the use I have made of the amount of the Nobel Prize was one peculiarly in accordance with the spirit of the gift."

158

at 18:18 on October 15th, 2009

Thanks for the history lesson.

TR handled it very well.

Barry ORegan

at 18:23 on October 15th, 2009

I think everyone had those same sentiments, but the world is made up of a lot of Tofu Tasters whose colons needs to be sated with leftisms.

158

at 19:05 on October 15th, 2009

An interesting thought.

Rhonda J Mangus

at 18:26 on October 15th, 2009

And, he taught Constitutional Law -- ???

158

at 19:06 on October 15th, 2009

Thanks, I had forgotten that.

Rhonda J Mangus

at 19:33 on October 15th, 2009

You are most welcome, 158!

Babel-Fish

at 20:07 on October 15th, 2009

Well I hope when told about the requirements that Obama does the right thing. Everybody makes mistakes but as long as the put them to rights, fine.

158

at 06:39 on October 16th, 2009

I am sure he will obey the law.

Scott Nolan Smith

at 21:20 on October 15th, 2009

While I feel the awarding of the prize to Obama was premature, I feel obligated to point out that the Nobel Committee, a part of the The Nobel Institute in Norway, is not a "King, Prince or foreign State."

nanute

at 02:14 on October 16th, 2009

Good point.

I asked this very question at the beginning of the comments. I don't think the Nobel Institute is a part of the State. Furthermore, I believe both Woodrow Wilson, and Teddy Roosevelt received the "prize."

Rhonda J Mangus

at 03:35 on October 16th, 2009

nanute, "While the Norwegian Parliament has no say in who receives the prize, the role it plays in selecting the committee ties it to the state." (from: Can a sitting president receive the Nobel Peace Prize?)

You might also want to read more from J.P. Freire "Foreign meddling behind Nobel Peace Prize ignored by Obama"

Yes, Wilson and Roosevelt 'received the prize'. The second piece referenced discusses it.

158

at 06:56 on October 16th, 2009

Yet they are acting for the state of Norway.

Grace H

at 17:07 on October 16th, 2009

They are acting in accordance to the will of Mr. Nobel. The parliament may select the commitee; however, the nominations are made by a lrage pool of eligible people including professors, former recipients, and others held in high esteem. The comittee then votes on the nominees presented.

158

at 17:25 on October 16th, 2009

I think the main point is the Parliament selects them, making it a government action.

Grace H

at 18:26 on October 16th, 2009

Only because Mr. Nobel ennumerated that they should do so. Consider that at the time what other entity ought he have chosen? The UN did not exist, Norway was resonaly neutral and therefore loathe to succumb to bias.

158

at 18:35 on October 16th, 2009

I thinkj this will not be an issue.

President Obama will likely turn the money over to congress.

This law was meant to keep a president from receiving valuable gifts from any agency of a foreign government.

Grace H

at 19:16 on October 16th, 2009

I agree. Mostly it was probably about offices such as lord etc. Due to the insolent treatement of the common poulace by nobility. As well as equality beliefs.

Rhonda J Mangus

at 04:42 on October 17th, 2009

Grace H, it appears the Nobel Peace Prize committee is NOT acting in accordance with the Last Will & Testament of Alfred Nobel, and, as well, 3 out of 5 Members on Nobel Peace committee were not in favor of Obama.

158

at 09:07 on October 17th, 2009

Thanks for more good information.

Rhonda J Mangus

at 10:28 on October 18th, 2009

You are very welcome, 158:)!

djermano

at 04:21 on October 16th, 2009

First of all the Nobel Prize is a fraud....and they know it... So it was not a gift afterall.. Just like the money that comes with it....is a fraud as well....no better than blow your nose paper with. Giving a fraud prize to a fraud President...is impossible to break any laws... everyone knows it.

Rev. Jermano