Thread: Obama’s Nobel peace prize unconstitutional?

Saw this article in the Washington Post online, and thought it might spur a good debate - whether or not he deserved the award is a moot point, as far as I'm concerned - what interests me here is whether, legally, he's allowed to accept it.

washingtonpost.com

The relevant sections of the U.S. constitution states that: 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."

So, given this, was Obama allowed to accept the award? In light of this, should he politely return it? I find this kind of minutia interesting...

Mark

It didn't come from a king, prince or foreign state so I think that depending on what is ... is he is okay. Also he donated the $$ to charity. They need the money.

Originally Posted by Milton Man

Saw this article in the Washington Post online, and thought it might spur a good debate - whether or not he deserved the award is a moot point, as far as I'm concerned - what interests me here is whether, legally, he's allowed to accept it.

washingtonpost.com

The relevant sections of the U.S. constitution states that: 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."

So, given this, was Obama allowed to accept the award? In light of this, should he politely return it? I find this kind of minutia interesting...

Mark

Pretty much a moot point after that statement... Just adding another muddy boot print upon the face of the Constitution of the Untied States of America... No biggy there are plenty there already....

Originally Posted by JimmyHAD

It didn't come from a king, prince or foreign state so I think that depending on what is ... is he is okay. Also he donated the $$ to charity. They need the money.

Ahh, but Jimmy, the articles states that:

the five-member Nobel commission is elected by the Storting, the parliament of Norway. Thus the award of the peace prize is made by a body representing the legislature of a sovereign foreign state. There is no doubt that the Nobel Peace Prize is an "emolument" ("gain from employment or position," according to Webster).

And also that the money was not Obama's to donate, but the U.S. Government's:

Second, the president has indicated that he will give the prize money to charity, but that does not solve his legal problem. Giving that $1.4 million to a charity could give him a deduction that would reduce his income taxes by $500,000 -- not a nominal amount. Moreover, the money is not his to give away. It belongs to the United States: A federal statute provides that if the president accepts a "tangible or intangible present" for more than a minimal value from any foreign government, the gift "shall become the property of the United States."

Mark

Originally Posted by JimmyHAD

It didn't come from a king, prince or foreign state so I think that depending on what is ... is he is okay. Also he donated the $$ to charity. They need the money.

Au contraire, it came from Norway...
And, any monetary gifts given to US elected officials by other governing bodies are constitutionally the property of the US, not the official... so he can't give the money to a charity of his choice, nor should he receive the massive tax deduction for giving 1.7millions to charity.

Hasnt every president accepted gifts from various heads of state without approval of congress?

Does that mean we need to retro actively go after bush/clinton/bush/reagan/etc....?

I heard he's going to trade the peace prize for a realistic looking birth certificate

Damn Lee is quick on the trigger there

Hey, all I can say to you guys is .......

YouTube - Frankly my dear l don't give a damn