Download E-books The Odd Clauses: Understanding the Constitution through Ten of Its Most Curious Provisions PDF

By Jay Wexler

An leading edge, insightful, usually funny examine the Constitution’’s lesser-known clauses, supplying a clean standpoint at the document’s relevance today
 
For a number of purposes, a number of the Constitution’s extra imprecise passages by no means make it to any court docket and as a result by no means make headlines or maybe legislation college school rooms, which educate from judicial judgements. during this appealing and witty ebook, Jay Wexler attracts on his huge specialist and academic backgrounds in constitutional legislation to illustrate how those “odd clauses” have amazing relevance to our lives, our government’s constitution, and the integrity of our democracy.

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Not like the courts, the OLC writes critiques approximately separation-of-powers matters for all time. at first of the Obama management, the workplace used to be requested to contemplate even if Hillary Clinton’s appointment to be secretary of nation violated the Constitution’s separation-of-powers instructions. the capability challenge together with her appointment has to do with the ineligibility clause, pointed out past. This clause, which right away precedes the incompatibility clause in Article 1, part 6, and is frequently lumped including it, says the subsequent: “No Senator or consultant shall, in the course of the Time for which he used to be elected, be appointed to any civil workplace less than the Authority of the U.S., which shall were created, or the Emoluments whereof shall were encreased in the course of such time. ” In different phrases, no member of Congress can take an workplace if that place of work used to be created, or its wage used to be elevated, whereas the member was once sitting within the legislature. placing the incompatibility and ineligibility clauses jointly, then, a member of Congress can by no means function an government respectable while that she can also be sitting in Congress, and she or he can't surrender her place in Congress to take an government workplace if that place of work used to be created, or its wage was once elevated, whereas the member were sitting in Congress. good, evidently the placement of secretary of kingdom used to be now not created whereas Hillary Clinton used to be serving as one in every of New York’s senators, however the secretary’s wage was once elevated by way of an govt order that President George W. Bush signed in 2008. Doesn’t this suggest, then, that Hillary Clinton’s appointment as secretary of country violated the ineligibility clause, and that she couldn't legally be appointed to that place until eventually 2013, while her time period as senator used to be set to run out? It seems that this conundrum has arise numerous occasions in US background, and the administrative department has flip-flopped far and wide approximately what to do approximately it. firstly, the administrative took a robust tack opposed to nominating a person who looked as if it would violate the ineligibility provision. President Washington, for instance, withdrew the nomination of a senator to be a preferrred courtroom justice whilst he learned the placement have been created whereas the senator had nonetheless been in place of work. a couple of hundred years later, lawyer normal Benjamin Brewster wrote an opinion explaining senator couldn't be appointed to a tariff fee as the fee were created prior to the senator’s time period had expired (even notwithstanding the senator had resigned sooner than the production of the office). Brewster well-known that there couldn’t were any genuine conflict-of-interest challenge, given the time of the senator’s resignation, yet he took what shall we name nowadays a hard-core “textualist” place at the that means of the ineligibility clause. “I has to be managed solely through the confident phrases of the supply of the Constitution,” the lawyer common wrote. “The language is detailed and transparent, and in my view, disables [the ex-senator] from receiving the appointment.

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