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Sunday, November 30, 2008


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Steven Pounders

This article appears verbatim in the conservative blog "Right Side Politics Examiner" in an article written by Dan Spencer.

Since Mr. Spencer seems to be insisting on strict adherence to the constitution, I should point out that his argument against Senator Clinton’s appointment to the cabinet falls apart constitutionally. The article only applies “during the Time for which he was elected”.

Clearly the Framers are not addressing female senators.

Oh ... but was that really the "intent" of the framers. Shouldn't we follow the "principle" of the constitution rather than the letter?

Well, not "Unless one views the Constitution's rules as rules that may be dispensed with when inconvenient" ... because "the plain linguistic meaning of this chunk of constitutional text" does not apply to women.

"It is sad to see [Dan Spencer, Right Side Politics Examiner, and Professor Michael Stokes Paulsen, author of Is Lloyd Bentsen Unconstitutional] show such a lack of respect for the Constitution."

If you think I'm parsing the words of the constitution too closely, I'm doing so with no more scrutiny than Volokh. "A 'fix' can rescind the salary, but it cannot repeal historical events. The emoluments of the office had been increased. The rule specified in the text still controls." Honestly?

Please. You're insulting the intelligence of the American public.


What do you expect from someone who ran for President in spite of not meeting the qualification of "natural-born" citizen?

He either had dual U.S./British colonies-Kenya citizenship, or solely British colonies-Kenya, depending on circumstances of birth; either makes him not a natural-born citizen.)

Eugene Volokh

Just to make things clear, the "I think it is beyond dispute" quote comes not from me, but from John O'Connor, the author of a law review article on the Emoluments Clause. My post simply quotes Mr. O'Connor on this.

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