I’ve been involved in a discussion lately over whether Hillary Clinton can serve as Secretary of State because the Constitution  forbids a sitting member of Congress from taking a cabinet post if that position saw an increase in pay.

The guys over at Politico have written about too…

Hillary Clinton’s nomination of Secretary of State has resurrected an obscure constitutional clause that prohibits members of Congress from being appointed to positions that saw a wage increase during that lawmaker’s tenure.    But Democrats are readying legislation that could be acted on as soon as next week to pave the way for the New York Democrat’s confirmation in Barack Obama’s Cabinet.  Clinton’s office says this issue has been resolved numerous times in the past and that all parties were aware of it in advance of her being announced this week as Obama’s choice for the nation’s top diplomat. For those of you who haven’t been following this arcane constitutional challenge, “emoluments” is the operative constitutional word here, and it means payments arising from holding an office. A source close to the transition has provided a series of legal points, which could serve as the basis of a legislative proposal in the Senate. Here’s what the source sent The Crypt:  · The Ineligibility Clause of the Constitution (article 1, section 6, clause 2) provides:  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.  · This provision does not prohibit the appointment of Senator Clinton as Secretary of State.  · Historical practice and Department of Justice interpretation have in fact permitted appointments of members of Congress to such offices so long as their salaries are based on the levels set before the relevant term of office.  · This longstanding practice—which dates back at least 100 years to President Taft’s appointment of Philander Knox to be Secretary of State—is often referred to as the “Saxbe Fix,” referring to the arrangement whereby Congress set the salary for President Nixon’s nominee for Attorney General William Saxbe so it would reflect the salary level in place before his congressional term of office.  · Other cabinet officials appointed under such an arrangement include Secretary of State Edmund Muskie and Secretary of the Treasury Lloyd Bentsen.  · As constitutional scholar Ron Rotunda has explained, as a matter of historical practice, Congress has interpreted the ineligibility imposed by this clause as nonabsolute; that is, a Senator (or Representative) could be appointed to an office although the emoluments had been increased during the term for which the Senator (or Representative) had been elected to Congress, if the increase were rescinded.  · This interpretation fully satisfies the concerns motivating this constitutional restriction, by removing any risk of self-dealing.  · So long as Congress agrees to set the salary for the Secretary of State at levels set before the start of Senator Clinton’s current term–which began on January 4, 2007–her appointment will satisfy the Constitution as it has long been interpreted and applied.

Crisis averted.  Next.

There are a few interesting tidbits to report this morning.

Stimulating Daniels

Indiana Governor Mitch Daniels says he supports economic stimulus for the states as long as it is used to create jobs and strengthen the economy in the long term.   The nation’s governors met yesterday with President-elect Barack Obama to talk about their economies.  Daniels had positive remarks for President-elect saying he was sincre in his concern for the states.  Daniels also says that because Indiana is doing better than most states he doesn’t want the state to get short-changed in any stimulus package.

Lights Out

The Smoke Free Indy crowd is presenting a proposal to the City-County Council Community Affairs Committee tonight to ban all smoking in the workplace.  Currently Marion County’s anti-smoking ordinance only applies to places that allow patrons under 18.  Smoke Free Indy says smoking is workplace health issue and employees have a right to clean air.

Car Wars II

The decision by the city of Indianapolis to buy Toyota hybrids instead of American vehicles for the Department of Public Safety is raising the question of whether local governments have an obligation to buy American?  I’ve always maintained that governments have a duty to get the most bang out for its dollars and if that responsibility can be met by buying foreign, so be it.

A local car dealer is formally protesting the city of Indianapolis’ decision to purchase 85 hybrid vehicles from a Japanese automaker.

In an e-mail sent Monday to the Mayor and City-County Council, Mike Chaney of Penske Chevrolet said DPS awarding of $2 million contract to Andy Mohr Toyota for the hybrid vehicles was $184,000 more than what Chevy would have charged them.   Chaney says Toyota charged the city approximately $25,000 per hybrid when Penske would have only charged $24,000.

Chaney also says they could have delivered the vehicles between April and June of 2009 while Toyota’s would have been staggered over a six month period and disputed the gas savings of the Toyota  Hybrid.  Chaney also says in his e-mail that Toyota is making a profit of $197,000 while Penske would have made a profit of $4,400. 

In his complaint,  Chaney also accuses the city of giving Andy Mohr Toyota preferential treatment and accused Public Safety Director Scott Newman of having inappropriate contact with Toyota.

City officials say they followed all standard bidding practices and stand by their decision to purchase the Toyota hybrids.  

Editor’s note: The following post has absolutely nothing to do with government or politics, but the next one will.  

I made the crucial mistake of going to the mall the day after Thanksgiving.  It was not by choice.  My lovely girlfriend wanted to and being the good boyfriend I did what I was told.

Now please note, I do not celebrate Christmas because I am not a Christian.  I’m not even a very good Muslim for that matter.

Going to the mall the day after Thanksgiving has no appeal to me what-so-ever. However, I went.

And after dealing with crowds and clueless clerks we walked out with two items a set of towels and a light bulb that will last 3 years.  

My girlfriend bought the bamboo towels, which are for guests and I am not allowed to touch.  No one will use them and they will sit in her bathroom along with carved soap sculptures that may has well be the Holy Grail.  

I will never understand the psyche of women when it comes to these kinds of purchases.  A friend told me a story of his wife buying a $150 glass bowl that sat on the coffee table and filled with pot pourri.  

I am a firm believer that the only thing yu should buy to look at is art.  Everything else has to serve a purpose otherwise, what good is it.

And for the record, I bought the light bulb.  Because unlike the bamboo towels, I actually get to touch it, albeit twice (putting it in and taking it out) but I still get to touch it.   Of course after writing this, that will probably all I get touch for a while.

Indianapolis Mayor Greg Ballard is leading a delegation to China and Japan in hopes to increase foreign investment in the city.  

While that’s nothing out of the ordinary, there’s a question as to whether the Mayor should be taking his wife along on the junket at the taxpayers’ expense, although he is reimbursing the taxpayers for her flight.

It is a fair question.  Times are tight, so we should all ask how taxpayer dollars are being spent, but I don’t think the Mayor is off-base by taking his wife on this particular trip.  

After all, she is from that part of the world and can offer insight on Asian culture, that if done right can be indispensable.

It would be one thing if this were Brazil or Australia, but this is China and Japan, so why not take someone along who can offer expertise?  

Now if the couple starts globetrotting, then we may need have a talk, probably in several languages.

But until then if Mrs. Ballard can help bring jobs to the city by reminding the delegation of cultural norms and practices, then go for it.  

As you guys know I’m Islamic and don’t really celebrate Christmas.  Well actually Islamic-lite, I love bacon, drink Scotch and smoke cigars.

But I really have to wonder what’s going through people’s heads when a Wal-Mart greeter is trampled to death and two people are  shot dead at a mall on what’s supposed to be the busiest shopping day of the year.

I don’t think the Son of Man would appreciate people acting like this as they get ready to celebrate his birthday, which by the way was nowhere near December 25.

Tomorrow is Turkey Day.  I want to take this moment and thank all of you for reading this blog (as well as the other ones), listening to the radio show and watching me on television.  I enjoy what I do and am very appreciative of the fact that you have a lot of options to get your news, information and analysis and this is one of them.  Have a Happy Thanksgiving.  

Theoretically, I’m on “vacation” this week, but I’m still blogging.  Here are a few things that I’ve been noticing since I have time to sit around and almost do nothing…

Do You Trustee this Man?

• Have us media folks let Washington Township Trustee Frank Short off the hook?  He’s the one who drafted the budget that included the 60-percent trustee raise for the Township Board and will be the one to sign and approve it.

Melina for Mayor

• There’s another sign Democrats are gearing up to try to run former Deputy Mayor Melina for Mayor in 2011.  There was a big fundraiser on the Northeast side of town not too long ago and Kennedy was a reportedly helped raise quite a bit. 

Second Time’s a Charm

• Marion County GOP Chairman Tom John intends to run for another term as County Chairman.   No word yet on who might challenge him, but one name being surfaced is former IU law professor Henry Carlson.

Summers’ Time

• I’m also hearing that Democrat State Rep Vanessa Summers is running to chair in Indiana General Assembly’s Legislative Black Caucus.  Righ now that job is being held by Vernon Smith of Gary.  There is some talk that is the Marion County delegation attempting to flex it’s muscle.  I’m not totally sold on that theory, yet.

Body and Soul

• Politico has an interesting story about the President elect and him hitting the gym instead of the pulpit.  My belief, you can pray anywhere at anytime.

That’s all I’ve seen for now.  I may post something tomorrow after waking up from my hangover.   Enjoy.

Sorry about the blunt headline, but I had something that I had to get off of my chest this morning.  

Now you might be thinking that I encountered racism this weekend and am writing about it.   Not really.  I’m going back, once again, to Thursday night’s Washington Township Board meeting.  In addition to a nearly 70-percent raise, board member Joe Simpson, who happens to be black, dropped the n-word against RTV 6 photographer Eldon Wheeler.  My colleague Norm Cox blogged about the exchange.

…my photographer, Eldon Wheeler, attempted to place a microphone on the table. Simpson angrily told him he couldn’t do it, because there wouldn’t be enough room for his papers. Actually, there was plenty of room, to say nothing of Simpson’s apparent ignorance of things like Open Meetings laws and the media’s right to record the board’s sessions. But Eldon complied peaceably and moved the mike away from Simpson.

When the meeting was over Eldon went up to pick up his equipment and asked Simpson what his problem was with having a microphone at the table. Simpson then started yelling at him, saying, among other things, “You can’t talk to me that way!” It finally escalated to the point where Simpson screamed, “You might as well just called me a n*****!” At that point, Simpson started moving forward threateningly. Fortunately, the table was between them and two board members grabbed Simpson to restrain him. Trustee Frank Short came over to separate everyone and things somewhat calmed down.

I would like to say that I could not believe that Simpson would drop the n-word.  I would like to say that, but there’s no way I’m going to.  Simpson is typical of African-Americans who get caught doing something they know is wrong and have no explanation for and so retreat behind the shield of racism while trying to use it as a sword for an attack.

I can honestly say knowing Eldon, that the n-word would be the last word in his vocabulary, if at all.  He’s an old-school television photographer who is a professional.  And for Simpson to drop the n-word to deflect from his own shameless and ignorant behavior is ridiculous.  Which ironically is one of the definitions associated with the n-word.

I would say that Simpson should apologize for his words, but that’s asking too much.  He is typical of an outdated racial mindset that wants to be treated as equals but when they are hide behind racism.  You can’t have it both ways Joe.  Using the n-word to draw attention away from your narcissistic-inspired 70-pay raise isn’t doing anybody any good, least of all yourself.

Now if I was mean and spiteful, I would post your unlisted private cell number here so people and voters of Washington Township could call you and express their outrage.  But I won’t.  I’ll let them voice their opinions here in this forum and other places.

To do that would be acting like a n***a, and my parents raised me better than that.

If this week’s antics with the Washington Township Board weren’t enough to make you think that this form of government really needs to go away, think about this as your 2008 property tax bills hit the mail in the next few days.

Although schools were responsible for 76% of the increase in your 2007 bill, township government came in second, taking responsibility for 12.5 % of the increase in your tax bill. The city of Indianapolis was only responsible for 4% of your bill’s increase.

 So as you write that big check, just remember the same type of people who gave themselves a 60-70% raise had to get the money from somewhere.