Obama Nobel Prize Illegal, Unconstitutional

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

901 views | 54 Recommendations | 94 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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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

Roy C

at 18:03 on October 15th, 2009

Sounds like you have got it right, 158.

ACP, yes, but the awards have been out of office. Gifts to the president are to the American people and cannot be given away as personal property.

158

at 18:16 on October 15th, 2009

Thanks for confirming this.

albertacowpoke

at 18:59 on October 15th, 2009

Thanks Roy, how many gifts left the White House when the incumbents handed over?

Roy C

at 19:00 on October 15th, 2009

Good question. I don't know but there was controversy over this when Clinton left and Bush came in.

Apparently, if I remember correctly, Clinton kept some stuff.

nanute

at 21:01 on October 15th, 2009

I thought Teddy Roosevelt and Woodrow Wilson were awarded the prize while in office? And is the Nobel Academy an appendage of the Swedish government, or the mere fact that it resides there? Just asking.

Grace H

at 17:02 on October 16th, 2009

No. In his will Mr. Nobel bequethed the responsibility of voting and honoring to a small commitee of Norwegian officials. The offiicials are appointed by the Norwegian Parliament-- they vote on the nominees submitted by those eligible to do so.

rng

at 18:13 on October 15th, 2009

Good grief!

158

at 18:16 on October 15th, 2009

More grief for the president.

rng

at 18:26 on October 15th, 2009

Not really. More grief to those who peddle this sort of concern, I can see the Beck histrionics already!

Rhonda J Mangus

at 18:31 on October 15th, 2009

rng, IMO violations of constitutional law should be everyone's concern -- and those concerns should not be noted as having anything to do with 'histrionics'.:)

rng

at 18:35 on October 15th, 2009

This will get caught by the advisers and the lawyers. It is at most a technicality that will get dealt with, and given the important things this country faces not an issue we should expend a great deal of our thinking power on. If he was changing the basis of representation yup a concern, this, not so much. It is unneeded drama!

Rhonda J Mangus

at 18:41 on October 15th, 2009

Quite simply, I don't agree:) And, as to drama--well, I'll pass on any comment. But, thanks!

rng

at 18:53 on October 15th, 2009

Increasingly it is our apparent inability to winnow the grain from the chaff that inhibits political dialog. Some things matter and are material. Some are not.

Some will spend an age searching to prove Obama is not an American, others who oppose him will join a policy debate and perhaps advance their points

Our educational system and civics failed us somewhere along the pah and we apparently cannot determine what is significant and what a distraction.

If we want to stop debate about Afghanistan, health, the economy, and more to debate an arcane and unimportant provision that will get caught in the compliance net anyway, I think out problems are more systemic than even I suspected. And I have a pretty low regard for the current level of political dialog in this country

158

at 19:03 on October 15th, 2009

rng

I am not republican and do not oppose president Obama. This is just a light, interesting story, not deep analysis of of the Obama presidency.

And I have wrote several articles on Afghanistan.

Rhonda J Mangus

at 19:07 on October 15th, 2009

rng, I'm with you on the "current level of political dialog in this country" But, where is it any different than it has been in the past? There is no difference and will continue as it does until people learn what true dialogue is:)! In other words, it is not "our apparent inability to winnow the grain from the chaff that inhibits political dialog."

rng

at 19:10 on October 15th, 2009

We are at 25 comments (now 26 of which 5 are mine... guiltily) on a non-issue. There is the chaff.

Rhonda J Mangus

at 19:13 on October 15th, 2009

rng

at 19:16 on October 15th, 2009

:):)

Rhonda J Mangus

at 19:17 on October 15th, 2009

rng, (PS) "Our educational system and civics failed us somewhere along the pah and we apparently cannot determine what is significant and what a distraction."

Some cannot determine what is significant and what is a distraction. Yes, the educational system has failed miserably in, among other matters, teaching civic responsibility.

rng

at 19:23 on October 15th, 2009

Yes, the educational system has failed miserably

In that we agree. Along with the health system, gender politics, and on. But the core problem, IMHO, education. We rely on rote not reason, repetition not rationale, reward not rigor. There above all else is the rub...IMHO

Rhonda J Mangus

at 19:31 on October 15th, 2009

Good to know that we agree:)! However, some (actually I would go as far as to say most) rely on rote reason, repetition not rationale, etc. not all :)

rng

at 19:35 on October 15th, 2009

some (actually I would go as far as to say most) rely on rote reason, repetition not rationale, etc. not all :)
I concede that, but I would say some is more than healthy,and not all is less then we would want for a smarter society.

158

at 19:48 on October 15th, 2009

Thanks to both of you for an interesting dialogue.

Rhonda J Mangus

at 20:06 on October 15th, 2009

You are very welcome, 158! I did truly enjoy it, even though I do view it as a distraction:) And thank you for letting us have this dialogue on your story. It really should not be taken lightly, IMO. Thanks again!