Dec 042008
 

So, here is the article (or read in full after the break).

The argument the Republicans have is valid. Article 1, Section 6 of the US Constitution states the following:

No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time.

When President Bush signed an executive order increasing certain Cabinet salaries, Hillary Clinton became ineligible since she was in office when the raise took effect. Other political commentators point to exceptions that have been made in the past where Congress reduced that positions salary to its original amount or where the appointee took the lower salary, sidestepping this issue.

At hand are two issues, in my opinion. First, can Constitutional Law be sidestepped? Second, when does popular opinion override the Constitution?

In the case of the former, I believe that you can view it both ways. If you are going to say that, to the letter of the law the Constitution must be upheld, then you are shooting everyone in the foot based on precedent, including judgments made in the past by the US Supreme Court. This could also be argued to foil amendments in the future if such an argument were to stick. Conversely, by allowing it, you open a can of worms that could lead to abuse. Personally, I’m still on the fence regarding this aspect of the argument.

In the latter issue, I believe wholeheartedly that YES, the American people should be allowed (by popular vote) to override Constitutional issues. If we are to truly be a Democratic society (which we admittedly are not… Democratic Republic is not quite the same) then the people’s voice must be heard on ALL issues pertaining to the nation. Of course this brings up issues of when a vote can take place, how it would take place and how secure the methods of voting were. Regardless, I think taking issues such as this directly to the people at large is the absolute best possible option.

Any thoughts?

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