Seth Barrett Tillman: The Blue Book & the Foreign Emoluments Clause Cases Against the President: Old Questions Answered

In 1792, the Senate directed President Washington’s Secretary of the Treasury, Alexander Hamilton, to draft a financial statement listing the “emoluments” of “every person holding any civil office or employment under the United States.”[1] Hamilton took more than nine months to draft and submit a response, which spanned some ninety manuscript-sized pages. The report included appointed or administrative personnel in each of the three branches of the federal government, including the Legislative Branch (e.g., the Secretary of the Senate and Clerk of the House and their staffs) and the clerks of the federal courts.[2] But Hamilton’s carefully-worded response did not include the President, Vice President, Senators, or Representatives.[3] The presumptive meaning of this document is that Hamilton accurately responded to the Senate’s precise request: elected officials do not hold office . . . under the United States, and so they were not listed.
 
Contrary explanations do not hold up…

Read the rest.

Entitled

I see by another link on Insty Saturday afternoon that the United Airlines- Sheila Jackson Lee flap has not quite faded away – much as MS Jackson Lee, AKA ‘the Queen’ or ‘Cruella’ Jackson Lee likely wishes it would. I surmise that this bit of congressional bad behavior is still rattling the newshounds and the commentariat for several reasons. The first of these is that ‘Cruella’ is one of the dumber members of Congress. (The honor of the dumbest must go to Hank “Guam Might Tip Over!” Johnson, of whom it might rightfully said – stealing a paraphrase from the late Molly Ivins about another spectacularly dumb career politician – “Lose any more IQ points, and his staff might have to put him in a pot in the corner and water him three times a week.”) But there’s more! ‘Cruella’ Jackson Lee has been acknowledged hands down for many years as the rudest and most abusive boss on Capitol Hill.

Read more

The current Iranian revolt.

Iran was once an ally of the US and Israel. That ended in 1979 with the revolution led by the Ayatollah Khomeini. Since then, the Iranians have declared that we are at war. In 1979, during the revolution, they took members of the US embassy staff and the Marine Guards hostage.

The immediate cause of this action was President Jimmy Carter’s decision to allow Iran’s deposed Shah, a pro-Western autocrat who had been expelled from his country some months before, to come to the United States for cancer treatment. However, the hostage-taking was about more than the Shah’s medical care: it was a dramatic way for the student revolutionaries to declare a break with Iran’s past and an end to American interference in its affairs.

That article is typical leftist revisionism. The hostage takers were “students” only as an expression of their age. They were typical “student radicals” seen in most countries undergoing such violent upheavals.

Carter attempted a hostage rescue which was botched although the military people did their best. The US had no joint forces history and the mission was spread between Army, Air Force and Navy, none of which had worked together before.

The hostage crisis ended the day Reagan was inaugurated as president and was probably a sign that the Mullahs saw that he would not be played as they had played Carter.

Now, we have another uprising but this is directed at the regime.

A wave of spontaneous protests over Iran’s weak economy swept into Tehran on Saturday, with college students and others chanting against the government just hours after hard-liners held their own rally in support of the Islamic Republic’s clerical establishment.

The demonstrations appear to be the largest to strike the Islamic Republic since the protests that followed the country’s disputed 2009 presidential election.

Thousands already have taken to the streets of cities across Iran, beginning at first on Thursday in Mashhad, the country’s second-largest city and a holy site for Shiite pilgrims.

The protests in the Iranian capital, as well as U.S. President Donald Trump tweeting about them, raised the stakes. It also apparently forced state television to break its silence, acknowledging it hadn’t reported on them on orders from security officials.

The 2009 protests became violent but Obama offered no support.

CNN tries to spin it but Obama was silent as Iranians were brutalized and killed.

What is different now ? One, Trump is president. Recently he has recognized Jerusalem as Israel’s capital and decided to move the embassy there.

There have been many complaints and protests, mostly in the US but he has persisted. This is in stark contrast to prior presidents who were all talk, or no talk, and no action.

In addition, Obama’s shameful deal with the Iranian mullahs may have destabilized the regime as the rulers greedily gathered in the billions sent by Obama and did nothing for the people. Obama might have, totally inadvertently, destabilized the regime he was trying to support.

Maybe this is the opening round in regime change.

David Goldman has discussed Iran’s Syrian quagmire.

The Iranian regime is ready to sacrifice the most urgent needs of its internal economy in favor of its ambitions in Syria. Iran cut development spending to just one-third of the intended level as state income lagged forecasts during the three quarters ending last December, according to the country’s central bank. Iran sold US$29 billion of crude during the period, up from $25 billion the comparable period last year. The government revenues from oil of US$11 billion (655 trillion rials) were just 70% of official forecasts, and tax revenues of US$17.2 billion came in 15% below expectations.

Chaos in Iran’s financial system prevents the Iranian government from carrying a larger budget deficit.

It appears that the Obama payoff with billions of cash has been quickly absorbed by the corrupt regime and its mullahs, which may explain the revolt currently underway. We await developments.

Perspective

things are looking up

Chicagoboyz travel the world, and their own backyard, seeking new points of view and exploring new ways of seeing, kicking back and gliding silent and unobserved among the hurried masses.

2017 Reading, continued

Fed Up, by Danielle DiMartino Booth. Following a successful career on Wall Street, the author in 2008 took a job as an analyst with the Federal Reserve Bank of Dallas.  In this primarily-male organization, she did not experience discrimination on account of her sex…but she did face serious prejudice against her on account of not having a PhD.  Her take on the Fed is that is is far too theoretical in its approach and too limited in the backgrounds of its staff:

Grasping the modus operandi of the Federal Reserve requires first anchoring in your mind two words: hubris and myopia.  We know better than you.  Only our models can decipher and predict the economy.

The Fed’s battalion of economists–from the top down–believe that their training in the world’s top universities and their unique schooling in analysis gives them wisdom and insight, when in fact their training often blinds them to reality…Virtually no one I met at the bank had ever worked on Wall Street, managed a business, or handled their own investments.

Indeed, her negative view of the Fed pretty much extends to the economics profession as a whole   Referring to a letter signed by 364 prominent economists in March 1981, which predicted disaster as a result of Margaret Thatcher’s fiscal policies, she approvingly quotes Geoffrey Howe, chancellor of the exchequer, to the effect that an economist was like “a man who knows 364 ways of making love, but doesn’t know any women.” She also cites a 1991 report by the American Economics Association which concluded that university economics programs “may be turning out a generation with two many idiot savants, skilled in technique but innocent of real economic issues.”

One Fed official that she does speak of very highly is Richard Fisher, who was president of the Dallas Fed when she was there and was a noted critic of the way the quantitative easing program was carried out.  (He is now an advisor to Barclays and a member of the PepsiCo board.)

Forgotten Victory, by Gary Sheffield.  This is basically a revisionist history of the First World War.  The author argues that–contrary to common opinions–the war, although tragic, was not futile, and that the British Army was not the incompetent organization as which it has often been portrayed, but rather was an institution which developed the ability to learn and to adapt:

The (British Expeditionary Force) did not simply gape at the trenches with incomprehension in the winter of 1914-15.  Instead, British soldiers at all levels began a process of innovation and experimentation as the BEF rapidly began to adjust to the new conditions of warfare.

If a unit bethought itself of some useful improvisation, such as a new method of firing rifle grenades, carrying rations or making ingenious loopholes combining a better field of fire with greater safety, details were collected and circulated by Army Headquarters. 

One area of technical innovation cited by the author was in the artillery.  ‘Predicted’ bombardments, using improved calculation methods which accounted for variation in individual guns as well as such factors as wind speed, allow the preliminary ‘registration’ fires to be dispensed with or at least shortened, thereby increasing the element of surprise.  The instantaneous fuse, which triggered the burst before the shell buried itself in the ground, greatly improved the artillery’s effectiveness at cutting barbed-wire entanglements.  And sound ranging, which has been described as ‘the Manhattan Project of the Great War’, employed some first-class scientific minds and resulted in the ability to locate and destroy enemy artillery positions more effectively.

More important than the technical and tactical points, of course, is the question of whether the war was really necessary at all.  The author argues that, at least from Britain’s standpoint, it was.

This book probably deserves a stand-alone review and discussion thread.

The Green Glass Sea, by Ellen Klages.  I picked this up at a book sale…it is actually a children’s book, recommended for grades 5-8, but makes it good adult reading as well.  Dewey Kerrigan, a 10-year-old aspiring inventor, sets off on a cross-country train trip to be with her father, who is engaged in war work.  She is engaged in designing a radio when a fellow passenger, Dick Feynman, offers to help her.  They are both bound for the same destinations, Los Alamos.

There is also a sequel, White Sands, Red Menace.