Secretary of What, Part Two

“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 . . .” (Article I, Section 6, U.S. Constitution)

That pretty much precludes Senator Ken Salazar from serving in a cabinet post, doesn’t it? (Reports tonight say he will be Obama’s nominee for Interior.)

The time for which he was elected is from Noon, January 3, 2005 until Noon January 3, 2011.

The emoluments for cabinet positions were increased from $180,100 in 2005 to $191,300 in 2008.

I know. I know. This happened with a few nominees in the past and Congress cut the pay for the position and everybody looked the other way. BUT THAT IS NOT WHAT THE CONSTITUTION PLAINLY STATES. The emoluments have been increased!

I predict that as soon as an individual is harmed by a decision of the Salazar Interior Department they will have standing to challenge the result of the action based on his constitutional incapacity to serve. And someone will make that challenge.

(It precludes not only Senator Salazar but also Senator Clinton and any other senator elected in 2004 or 2006. It does not apply to any representatives because they’ve just been re-elected.)

Best snow-related line of the evening, so far

“The snows are not predicted to let up until Thursday, three days from now. At this rate we are all surely in for great hardships. If I were you I would start rationing meats, lamp oil and marshmallows.”

Alibi Blog

Especially marshmallows.

By Appointment Only

Hendrik Hertzberg gives some interesting historical background on appointments to the U.S. Senate.

News You Can Lose

Who among NewMexiKen’s readers subscribes (or otherwise gets) the daily local newspaper? Why? Why not?

Some background:

James Surowiecki sums up the sad state of the newspaper industry in this week’s New Yorker.

Felix Salmon responds to one part of Surowiecki’s report.

In a comment, Becci suggests The Old Media by Susan Estrich.

The science reporter for The Albuquerque Journal, John Fleck, has been blogging some of late on this topic. Elephant Diaries: The Economics of Local News and The Elephant in the Room are particularly useful.

[This post restructured and updated from original versions.]

Beware of the Santa Fe Snow Drivers

Subaru and Dodge Ram Hemi may be truer to form in New Mexico than say Arlington, Virginia, but the characterizations apply everwhere. Kahunaburger tells us to Beware of the Santa Fe Snow Drivers — “First, let’s meet Carla Cautious. She drives an old Subaru. Green. … Second, there’s Rick Rambo. He drives one of those 7.1L Hemi Dodge Ram Heavy Duty trucks.”

Go read and enjoy.

Light snow this morning at Casa NewMexiKen, no accumulation yet.

Is it really 10 below in Denver?

The best piece on the Heisman

“The lunacy of the Heisman Trophy” by Allen Barra, first published in 2003 and still right on. Key excerpt:

The Mackey, the Lombardi, the Outland, the Biletnikoff—there are more than a dozen college football awards, and all of them taken together don’t generate one-tenth of the ink given to the Heisman Trophy. Why, exactly? What is particularly puzzling is that the Walter Camp Award, presented to the “nation’s top player” by the Walter Camp Foundation, has never caught on, considering that it is named for the father of football, the man without whom none of the other awards would exist. But then, the Walter Camp Foundation is in New Haven, Conn., and the Heisman Trophy is presented by the Downtown Athletic Club in New York. Which, come to think of it, probably answers the question right there….

And, by the way, why not present the Heisman sometime in mid-January, after the bowl games have been played? Why continue the pretense that the bowls aren’t part of the “season”? Since the bowl games determine the national championship and final rankings, why do the various groups and foundations that give out trophies pretend that the biggest games these kids will play don’t matter?

Every year, sportswriters wail and wail for a Heisman overhaul, and still nothing changes. So here’s a more feasible remedy. College football would gain some credibility by simply acknowledging that modern football is a division of labor among specialists. Gather up all the various year-end awards, including the Heisman, rent a ballroom, and present them all on the same night. If we can’t get the best players checked off on the Heisman ballot, maybe we can at least get them all in the same room.

Flight of the Season

How many toys can you deliver?

Walt Disney

… died of lung cancer on this date in 1966. He was 65.

The Walt Disney Family Museum provides in-depth background.

Was Walt frozen?

No researcher has discovered where this myth began, but it certainly is widespread. Quite the opposite, Walt’s daughter Diane recalls that her father spoke frequently about his desire to be cremated — and in fact he was. When Disney archivist Robert Tieman researched the issue, he discovered that the first attempts at freezing a person weren’t even discussed until after Walt’s death. In any case, the people who knew Walt and loved him never heard him utter a word about trying it out himself. What’s more, his family lingered around him for some time after his death. No white-smocked physicians rushed his body off to some kind of freezing chamber as would undoubtedly have been the case if he was being preserved.

Tatanka-Iyotanka

… was killed on this date in 1890.

Sitting Bull was a Hunkpapa Lakota chief and holy man. He was born around 1831 on the Grand River in present-day South Dakota. He became a warrior in a battle with the Crow at age 14, subsequently becoming renowned for his courage in fights with the U.S. Army.

In 1874, an expedition led by George Armstrong Custer confirmed the discovery of gold in the Black Hills, an area that had been declared off-limits to white settlement by the Fort Laramie Treaty of 1868. When efforts by the government to purchase the Black Hills failed, the Fort Laramie Treaty was abrogated. All Lakota not settled on reservations by January 31, 1876, would be considered hostile. Sitting Bull led his people in holding their ground.

Read the rest of this entry.

Gone with the Wind

… premiered in Atlanta on this date 67 years ago.

Hattie McDaniel, who won a supporting-actress Oscar for her portrayal of Mammy, was not present in segregated Atlanta.

Martin Luther King, Jr., sang in the “negro boys choir” from his father’s church at the Gone With The Wind Ball the evening before the premiere.

The 2,000 tickets were $10 and up.

When the news of war is announced in the film, the audience in the theater rose to its feet with rebel yells.

Laurence Olivier reportedly proposed to Vivien Leigh on their flight from Atlanta to New York after the premiere. Their marriage lasted 20 years.

The Loew’s Grand Theater, where the premiere was shown, was destroyed by fire in 1978.

The film, however great as a motion picture, forever ruined America’s understanding of what the War of the Rebellion was all about.

The Bill of Rights

… was ratified by Virginia on this date in 1791, and thereby became part of the Constitution of the United States as its first ten amendments.

Originally 12 amendments were proposed to the legislatures of the 14 states by the First Congress. Numbers three through twelve were ratified, beginning with New Jersey in November 1789, and culminating with Virginia, the eleventh (i.e., three-quarters of the states), on this date in 1791. (The amendments were ultimately ratified by the remaining three legislatures of Massachusetts, March 2, 1939; Georgia, March 18, 1939; and Connecticut, April 19, 1939.)

The draft first amendment concerned the numbers of constituents for each representative. It has never been ratified. The draft second amendment was ratified by the required number of states in 1992. It took effect as Amendment XXVII (”No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.”)

The image is of the actual document with the 12 proposed amendments. Click image for larger version.

The Bill of Rights

Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Amendment II
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Amendment III
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Amendment VII
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.

Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.