Secretary of State Hillary Clinton Unconstitutional?

Ben Smith today adds some new facts I didn’t know about to the story I first learned about from Matthew Berger, guest-blogging for Marc Ambinder.   The original story was Senator Hillary Clinton is constitutionally ineligible from accepting the Secretary of State job because of Article I, Section VI:

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; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.

Emoluments defined as:

the returns arising from office or employment usually in the form of compensation or perquisites

So if the civil office received a pay raise while the representative or senator was serving in Congress, the person in question cannot take the job.   In 2007, cabinet secretaries made $186,600, and in 2008, they made $191,300 (actually, their pay has increased every year as far back as 2003).   Clinton, of course, was elected in 2006 to serve a six-year term, so the Secretary of State’s pay has increased while Clinton was serving her term, thus making her constitutionally ineligible from becoming secretary of state.

Does this matter?   Technically, it does.   The Constitution, after all, is the supreme law of the land.   There is precedent, however, for this situation as Ben Smith points out:

It is not, however, an actual political problem, any more than it was when Sen. Lloyd Bentsen became Treasury secretary in 1993 or when Richard Nixon made Sen. William Saxbe attorney general in 1973.

Nixon’s lawyers used what’s now known (in very small circles) as the “Saxbe fix,” by which Congress re-lowered the salary for the job, deciding that that got around the constitutional issue.

The dodge actually goes further back than that, though: Taft’s secretary of state, Philander Knox, came through the same loophole; his salary was brought back down to $8,000 in February of 1909.

I’m no consitutional lawyer, but I’m assuming her resigning before she’s nominated wouldn’t matter because the clause in Article I, Section VI says “during the time for which he was elected.”   So regardless of whether or not Clinton is a sitting senator, she was elected for a term from 2007-2013.   The clause makes no reference to the represenative or senator being a sitting or former (retired, resigned) representative or senator.

But the best part of this pseudo-debate is the technicality to the technicality:

But one of the original troublemakers on this, Michael Stokes Paulsen who wrote a 1994 paper titled “Is Lloyd Bentsen Unconstitutional?” is holding the line, though he suggests Hillary could slip through on a different technicality: The constitutional clause refers to “he.”

While the “he” may be technically sufficient to get Clinton by Article I, Section VI, I think the reduction of her salary to the 2006 level should be enough.   The clause was originally inserted to bar Congressmen from raising salaries in civil offices and taking the jobs for themselves in other words, to curtail corruption.   Reducing the salary of the secretary of state avoids the reason the clause is part of the Constitution, and I don’t think anyone can argue Clinton becoming secretary of state is a result of some corrupt practice.   I think we can, however, make the arguement that creating laws to sidestep parts of the Constitution we don’t like is a potentially dangerous precedent.

Mac Date Hack

If you own a Mac and are tired of clicking the time in the menu bar to see the date, LifeHacker explains how to edit the menu bar to always show the date.   No more clicking!

menu

Joe Bethersonton from Fargo, ND

My parents, visiting for the long weekend, were watching one of the network morning shows today, and a representative from the Butterball Hotline was on the show.   I was happily reminded of this string of scenes from The West Wing:

Giving Thanks

On this day of thanks, here are just a few things I’m thankful for:

  • Family and friends: they’re always there for me when I need them
  • A decent job and a roof over my head
  • Electricity and clean water at the flick of a switch and the turn of a knob
  • 20 January 2009. Enough said.

I hope you had a safe and happy holiday and were able to give thanks for the things and the people you may be thankful for.

Title Sequence: Fahrenheit 451

For a movie about burning books, this title sequence features no printed words.   Genius.

http://www.youtube.com/watch?v=L1y0O6sbvoU

Designed by: Unknown
Year: 1966

iGifts

If you’re searching for the perfect gift for the Mac lover in your life (or yourself), how about the Mac dock throw pillows?

finder pillow

Or how about the iPhone icon coasters?

iphone coasters

(Nod: TUAW and Fumin)

Title Sequence: The Island of Dr. Moreau

Designed by: Kyle Cooper
Year: 1996

Al Gore for Secretary of Energy

Where else can former Vice President Al Gore not only influence policy on energy and environmental matters, but actually draft and have an official, high-level, and direct engagement of policy other than as the head of the Department of Energy?   The DoE website lists its five “strategic themes” as:

  1. Energy Security: Promoting America’s energy security through reliable, clean, and affordable energy
  2. Nuclear Security: Ensuring America’s nuclear security
  3. Scientific Discovery and Innovation: Strengthening U.S. scientific discovery, economic competitiveness, and improving quality of life through innovations in science and technology
  4. Environmental Responsibility: Protecting the environment by providing a responsible resolution to the environmental legacy of nuclear weapons production
  5. Management Excellence: Enabling the mission through sound management

Sound like a good fit?   I think so.   You?

Secretary McCain?

I was talking with a friend and former professor of mine (who is much smarter than I) the other day, and he disagreed with my proposal of Senator John McCain as Secretary of Defense in an Obama cabinet.   He said McCain is too rash and represents too much of an old type of thinking.   I agree, but I am still too attached to the now-cliched team of rivals idea to not believe in a Secretary McCain.

The rumors say, though, that current Secretary of Defense Robert Gates will stay on for an indeterminate amount of time.   This does a couple things: it gives continuity in command during two wars (don’t change horses in mid-stream?); it gives Obama his discussed Republican in his cabinet; and it confirms something else: Obama likes the Bush 41 National Security Adviser Brent Scowcroft Republican mentality a realist, pragmatic approach to dealing with the world.

But the question is, who comes after Gates?   If not McCain, then I think it should be this guy.

Any thoughts?

(Nod: Talking Points Memo)

A Thinker

Typealyzer analyzes the words and sentences of a blog and guesses the personality type of the author.   I’m a thinker:

thinker

The logical and analytical type. They are especialy attuned to difficult creative and intellectual challenges and always look for something more complex to dig into. They are great at finding subtle connections between things and imagine far-reaching implications.

They enjoy working with complex things using a lot of concepts and imaginative models of reality. Since they are not very good at seeing and understanding the needs of other people, they might come across as arrogant, impatient and insensitive to people that need some time to understand what they are talking about.

Fitting? You tell me.   I love how the laptop their cartoon has is an Apple. :-)

(Nod: The Daily Dish)

Art Meets Life

Care for an Apple apple?

apple apple

Might those be Macintosh apples?   Check out the whole process.

(Nod: The Unofficial Apple Weblog)

Fill In the Bubble

Check out (and vote on how they should count) these examples of challenged ballots in Minnesota’s senate race recount.   I suppose an argument can be made for why can’t people read and follow the directions on how to vote, but perhaps an argument can also be made for why can’t we develop a nationally-standardized, user-proof, and user-friendly ballot.   One of the many things wrong with the voting process in this country.

(Nod: FiveThirtyEight.com)

Hillary Clinton and John McCain for America

Barack Obama has on countless occasions spoke of the need to heal the nation and bring divisiveness to an end.   He has on countless occasions spoke of there not being red states and a blue states, but a United States and has stressed the need to come together and work together to forge a more perfect Union.   If he truly believes what he says he believes, he will assemble not a team of yes-men and -women, not a team of people who agree with him, but, as Doris Kearns Goodwin put it, a team of rivals.   Not a team of homogeneous political makeup, but a team of varying and diverse political philosophies.   That team looks likely to include Senator Hillary Clinton as secretary of state, and it should include Senator John McCain as secretary of defense.

As former rivals to Obama, Clinton and McCain would do a great service for their country by serving in his cabinet.   Obama spent many months critiquing Clinton’s policy proposals and calling McCain an extension of President Bush.   Would his appointment of these two senators invalidate his campaign and mean he said these things simply to be elected?   No.   Having advisors who don’t necessarily share your opinion is necessary for healthy debate and should be encouraging for the rest of us that our leaders can set aside partisan and political differences.

Obama has spoken in the past about his interest in modeling President Abraham Lincoln’s cabinet, one consisting of a group of advisors who, previous to Lincoln’s election and subsequent nominations of them to their respective jobs, loathed him.   He chose them not because he wanted them to like and admire him, which they eventually did, but because Lincoln thought they were the best people he could enlist.

With Clinton and McCain, the question isn’t why Obama would put rivals, two people he spent months demonizing, in his cabinet.   It is a question of whether these former foes can place personal strife aside and serve the country.   It is a question of whether they are willing to set asides their specific differences with Obama should he ask them to enact policy contrary to theirs.   And can anyone argue neither Clinton nor McCain are qualified for their respective positions?   After all, the two came extremely close to being elected president.

But would Clinton or McCain shirk responsibilities of serving the president and create foreign policies or defense policies, respectively, on their own and perhaps divergent of Obama’s?   If they truly serve at the pleasure of the president, then no.   They would be asked to leave or would be passive-agressively forced out, no doubt severely damaging what’s left of their political careers if not their legacies.

Does it matter that the three may not like each other?   And again, does it matter the three have heavily disagreed on policies throughout the presidential campaign?   Absolutely not.   Because coming together, working together is putting country first.   And with two wars, an economic catastrophe, and environmental, health care, and education crises, that is what matters.

“Sprinkles Make the Cupcakes, Don’t You Think?”

http://www.thedailyshow.com/sitewide/video_player/view/default/swf.jhtml

The spotlight Perceptive Pixel has been given from the presidential campaign is amazing.   Even though the Daily Show and Saturday Night Live are making fun of John King and CNN’s Magic Wall, the technology developed by Perceptive Pixel is now firmly entrenched in our lives, in part thanks to them.

Plane Wrong

ABC is reporting the CEOs of the big-three automakers traveled to Washington, DC, on their companies’ private jets to ask Congress for $25 billion.   While arguing their companies are “burning through cash,” these CEOs are irresponsibly contributing to the problem.   From ABC:

[GM CEO Rick] Wagoner’s private jet trip to Washington cost his ailing company an estimated $20,000 roundtrip. In comparison, seats on Northwest Airlines flight 2364 from Detroit to Washington were going online for $288 coach and $837 first class.

Okay, so perhaps one trip isn’t so bad, but in the case of Ford:

Ford CEO [Alan] Mulally’s corporate jet is a perk included for both he and his wife as part of his employment contract along with a $28 million salary last year. Mulally actually lives in Seattle, not Detroit. The company jet takes him home and back on weekends.

And:

Ford continues to operate a fleet of eight private jets for its executives. Just Tuesday, one jet was taking Ford brass to Los Angeles, another on a trip to Nebraska, and of course Mulally needed to fly to Washington to testify.

Doesn’t it seem prudent that the management of these ailing companies ought to make concessions themselves especially after the unions last year made their own concessions in a effort to ameliorate the financial situations of the big three?   If these CEOs truly understand the situation and are committed to fixing it, they can demonstrate their understanding and commitment with visual, measurable steps to personally contribute, such as forgoing the private jet and taking a significant pay cut.   Otherwise, for the CEOs to ask for tax-payer money while they frivolously spend their companies’ money is outrageous and insulting.

(Nod: Marc Ambinder)

Title Sequence: Lemony Snicket

http://www.youtube.com/watch?v=VTg5vGDcu6U

Designed by: Jamie Caliri
Year: 2004

Movie Review: Quantum of Solace

quantum of solace

I saw the latest Jason Bourne James Bond film this weekend.   Although not as much as Casino Royale, I thoroughly enjoyed Quantum of Solace, and I will be seeing it again.   What follows are some lengthy thoughts and reactions.

Since any cinematic experience for me heavily involves the music, I’ll begin there.   The title song, “Another Way to Die,” was written by Jack White and performed by White and Alicia Keys.   While hailed as the first duet in Bond music history, the song is terrible.   When I first heard the song several weeks ago, my first listen left me cringing and shuttering in disbelief.   The song has grown on me significantly, though, and I actually enjoy listening to it.   As a Bond song, however, it’s only slightly better than Madonna’s atrocious “Die Another Day.”   White’s and Keys’s voices during the song don’t mesh well, and because they cover about the same vocal range with slightly different timbres, they seem to almost clash with dissonant cacophony.   Instead of singing the chorus, they shout it; the orchestrations throughout are barren, and in the full version of the song, the intro meanders almost incoherently while stealing the same notes from “You Know My Name,” the title song from Casino Royale.   Aspects of the song are catchy, hence my continual listening to it, but overall it fails.

Performance aside, though, the most damning aspect of the song is the lack of a usable, discernible melody to use with the film’s score.   The best Bond title songs are those which can be weaved into and interpolated throughout the score proper.   When this extended use happens, the song becomes more than a seemingly-disjointed, tacked-on prefix to the film; instead, it becomes a more intricately developed musical identity to the film.   Composer David Arnold returns to write his fifth Bond score, his first being Tomorrow Never Dies in 1997.   Throughout his tenure, he has had (at no fault of his own) mixed success with song melody utilization.   For Tomorrow Never Dies, he wrote a classic Bond song titled “Surrender” (performed by k.d. lang) that was skillfully and successfully woven into the score.   The song’s melody served as a propulsive base to several action cues throughout the score.   The song, though, was replaced at the last minute by a sub-par song, titled “Tomorrow Never Dies” and performed by Sheryl Crow; “Surrender” survived, though, to appear during the end credits.

For The World Is Not Enough, Arnold wrote a song performed by Garbage.   This song remained in the title sequence and, although not as often as “Surrender,” appears during the score.

Die Another Day was a musical amalgam of awfulness.   Arnold had nothing to do with the song; instead, Madonna wrote and “performed” the song, which was nothing more than a cesspool of techno filth (and the words “die another day” were spoken a sure-to-make-anyone-say-enough-already sixteen times).   Arnold, slowly descending into techno madness from his brilliantly modern-yet-classic-Bond score for Tomorrow Never Dies to his not-as-good-but-still-enjoyable score for The World Is Not Enough to his disappointing score for Die Another Day, seemed to attempt to out perform the song’s techno nonsense.   Because of the overly techno feel and the absence of a strong melody, other than the “James Bond Theme,” to focus on, the score suffered immensely.

But for what Die Another Day lacked musically, Casino Royale more than made up.   Arnold collaborated with Chris Cornell to write “You Know My Name.”   The song was a fitting answer to the “re-invented” Bond, giving him a modern, harder edge song to fit his new rougher, edgier persona.   Several melodies found themselves masterfully sprinkled in the score numerous times, and the way the song melodies intertwined with the classic four-note Bond chord progression made their appearance in the score better than the appearances from “Surrender” in the Tomorrow Never Dies score.   The song served as more than just a song to accompany a beautiful title sequence; it served as a musical identity to the rest of the score and therefore the film as a whole.

The score for Quantum of Solace shares much of the same musical identity with Casino Royale except for a strong melodic line to create a cohesive whole.   The action pieces, the reflective pieces, and the sleuthy pieces all are strong and enjoyable, but the score could have been stronger and more enjoyable with a unifying melody.   While two cues on the soundtrack quote a “melody” from “Another Way to Die,” the quotation is relegated to a softer, sleuthy rendition, far from the outstanding usage of song melody in Tomorrow Never Dies and Casino Royale.

What I find most interesting about my reaction to the Quantum of Solace score is regardless of how much I love the theme, I don’t miss an outright, bombastic performance of the “James Bond Theme.”   A statement of the theme like its abundant usage in Tomorrow Never Dies just doesn’t seem to fit with this new Bond.   Is that good or bad, though.   If you consider the Bond theme to be overused, then I suppose its absence, save for the several skillful additions of the Bond chord progression and the famous guitar line rendered for strings, is welcome and allows for other musical ideas to take shape and precedence.   Like Casino Royale, though, the end credits feature a rousing rendition of the theme.

The title song, if not a part of the score, is, of course, the underpinning of the Bond title sequence.   Since GoldenEye in 1995, Daniel Kleinman has created the stylized and themed title sequences.   I was shocked to learn he had been replaced for Quantum of Solace but was cautiously optimistic that MK12, who designed the wonderful end title sequence and in-film motion graphics pieces for Stranger Than Fiction, was designing the sequence.   Unfortunately, though, the Quantum of Solace title sequence was underwhelming.   The sand and desert theme is an appropriate and obvious tie-in to the film’s climax location, and the women emerging from the sand was an interesting effect.   Unlike previous title sequences, the names of the cast and crew didn’t just fade on, they had a cool animation to bring them on screen, and the best name animation was for Dame Judi Dench (her name appeared from circles animated identically to those of the gun barrel sequence).   But the sequence as a whole meandered and wandered through its desert-like setting.   The latter half seemed to throw a non-congruent slew of swiftly animating elements, from silhouettes of naked women to lines in the shape of a globe amongst some stars.   Unlike the Kleinman sequences, this sequence seemed at a loss for a driving purpose and focus.

In addition to the title sequence, MK12 designed the in-film motion graphics associated with the Microsoft Surface touchscreen and the satellite-phone-call/villain-database-search wall in M’s office.   These animations were superb and inspiring.

But enough with the music and the design.   What about the rest of the film?   Overall, the film was good, but not on the same level as Casino Royale.   In Quantum of Solace, the film seemed like a never-ending chase sequence; there was a car chase, a foot chase, a boat chase, and an airplane chase.   All this action is great, but there could have been some more exposition and character development (especially since the film shockingly came in under two hours).   A few scenes (the ending comes to mind) could have benefited from a couple more minutes to explain the unanswered questions that arose from them.   The action sequences, though, were great, and the stunts performed were top-notch.   Several times I cringed at the intense physicality Daniel Craig put himself through for the role.

Although the scene didn’t involve intense action, one of the highlights of the film was the Tosca opera scene.   Bond is doing some actual spying, trying to discover what he can about the mysterious group who wear “Q” lapel pins (fashioned in the same font as the film’s title).   After Bond finds out what he needs to, he encounters the bad guy and the sound drops from the film.   Instead of bullet firings, shouts, and destruction, we only hear the music from the opera sung over the scene of Bond fleeing resulting in an unexpected and incredible scene.

The main Bond girl Camille, played by Olga Kurylenko, was an interesting psychological counter to Bond.   Both are seeking revenge, but what Bond learns from Camille helps shape him into the more familiar Bond character.   Mathieu Amalric as Dominic Greene played a non-typical Bond villain.   Instead of the supervillain intent on seeking world domination, Greene was a philanthropist-posing, dastardly-scheming corporate boss, and he played his character well.   But for me, other than Craig as Bond, the best performance came from Dame Judi.   She, apparently being the only authority figure in Bond’s life, was crisp, forceful, and yet funny.   One of her best lines (and I’m paraphrasing, as I don’t remember the exact quotes): she, through her aide on the phone with Bond, asks about someone Bond was to investigate; he responds the guy was a “dead end”; M, in an outburst of surprise and fury, says, “that means he killed him!”   The delivery of this line and several others made me laugh.   When producers decided to reboot the series with Casino Royale, I’m very pleased they kept Dame Judi as M.

Also with the rebooted Bond came a more Jason-Bourne-like persona.   While I’m sure this persona will get mixed reactions, it doesn’t bother me.   Like Bond, Bourne is a spy; and now like Bourne, Bond deals in a more realistic, edgier world than the old Bond did.   No invisible cars here.   Thankfully.

Couple other notes: as with Casino Royale, I fail to comprehend why one of M’s aides couldn’t have been Moneypenny instead; I hope we see more of Felix Leiter in forthcoming films; the Goldfinger reference with Fields was outstanding; Mathis and the dumpster was disturbing; the gun barrel seemed tacked-on and lacked the sophistication of Kleinman’s Brosnan gun barrel sequences; and Universal Exports makes a Bond-geek-pleasing return.

And, as customary, the credits end with “James Bond Will Return.”   I’ll be eagerly waiting.   I just hope that Q, Moneypenny, Daniel Kleinman, and David Arnold as title song composer return, too.

From Pickin’ Cotton to Pickin’ Presidents

Strange Maps posts this very interesting two-part map.   The red and blue are the county-level results from the 2008 presidential election.   The overlayed black dots represent where 2,000 bales of cotton were produced in 1860 (larger image):

election cotton

Photoshopping Life

Scary Ideas posts this awesome real-life recreation of Photoshop (larger image):

real photoshop

Design We Can Believe In

Barack Obama’s campaign spurned some great design work from both the campaign itself and from independent designers/supporters.   DesignForObama.org catalogs some of the artwork inspired by the candidate:

obama poster 1

obama poster 2

obama poster 3

obama poster 4

(Nod: Alana Taylor)

Quantum of Solace: The Abridged Script

Diego Doval writes on his blog an abridged script for Quantum of Solace.   If you’ve seen the film and only if you’ve seen the film check out this hilarious spoof.

Copy and Pasting Rumors

ChannelWeb reports on the possibility of iPhone firmware 2.2 including something that has eluded iPhone and iPod touch users thus far:

Apple is set to release version 2.2 of the iPhone operating system on Nov. 21, according to a Greek language post in enthusiast blog iPhone Hellas.

In addition to a redesigned MobileSafari interface, the iPhone 2.2 update will reportedly add Google Street View, transit route information, walking directions and over-the-air podcast downloads, according to Gizmodo, which described iPhone Hellas as “consistently reliable.”

Gizmodo noted that because the 2.2 feature list hasn’t changed from previous beta versions, it’s possible that Apple could decide to sneak copy/paste into the 2.2 update, a development that could lead to a collective outcry of joy from iPhone users who’ve long been clamoring for this basic functionality.

If I only had copy and paste on my iPod touch, I could have written this post on my iPod with the copied and pasted quote from the article.   Sigh.   Seriously, though, how much longer do we have to wait?

(Nod: Patrick)

Bond Girls: Then and Now

Brandnoo has a great post of Bond girls then and now.   It’s interesting to see which actresses still try to embrace their former character, even years or decades after the role, and which have moved on.   Pussy Galore from Goldfinger:

honor blackman

Title Sequence: Casino Royale

This is a repost, but in keeping up with my countdown to the new Bond film, here is Daniel Kleinman’s (so far) last and best title sequence (MK12 designed the sequence for Quantum of Solace).

Designed by: Daniel Kleinman
Year: 2006

Credit

Paul Lukas at ESPN’s Page 2 has a very interesting article on the uncredited designer of the MLB logo.   He ends with this note:

He’s got a right to feel proud it’s a sensational design. And the more you learn about people like Dior and Sherman extremely talented creative professionals, most of whose work is done anonymously the more ridiculous it seems that designers don’t have higher public profiles. Here’s hoping this is one case where the designer finally gets the recognition he deserves.

Yes, save for a few “rock stars,” those of us in the creative industry remain anonymous.   Such is the life we chose.

(Nod: Brand New)