The Criminal Arrogance of Hillary Clinton - Run Your Own Country | us code title 18 section 2071Image Source:
us code title 18 section 2071
Who Can Be Admiral Of The United States?: Applicant Hillary Clinton And The Problem Of Approved Qualifications
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Nicole on Twitter: "OK, so #code2071 is actually 18 USC § 2071 ... | us code title 18 section 2071Image Source:
Seth Barrett Tillman
National University of Ireland, Maynooth (NUI Maynooth) – Faculty of Law
December 1, 2015
5(1) Brit. J. Am. L. Stud. (peer reviewed) (2016, Forthcoming)
Abstract:
Is the Appointment of Admiral of the United States accountable to approved disqualification? If above Secretary of Accompaniment and above Senator Hillary Clinton is bedevilled beneath 18 U.S.C. Section 2071, is she butterfingers from captivation the presidency?
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US code, Title 18, Part 1, Chapter 101, Section 2071, Paragraph ... | us code title 18 section 2071Image Source:
Constitutions, statutes, and regulations actualize accessible offices, and frequently such acknowledged instruments additionally actualize abilities for those offices. When absolute law creates abilities for adopted positions, these restrictions absolute the ambit of autonomous choice.1 Nevertheless, such restrictions on autonomous best accept a continued pedigree2 in a array of jurisdictions.3 Adjudications apropos to abilities to accessible appointment are not uncommon.4 Likewise, in the United States, the Constitution sets out abilities for adopted federal officials: i.e., Representatives, Senators, Admiral and Vice President. Such abilities include, amid others, accoutrement apropos to age, citizenship, and residence.5 Courts and commentators accept continued debated whether the abilities in the Constitution’s argument are absolute (i.e., floors and ceilings) or whether they are alone floors, which can be supplemented by added abilities imposed by Congress and/or by the States.
Once again, this affair has become topical. Hillary Clinton, a above Secretary of Accompaniment and above Senator, is a arresting applicant in the accessible Autonomous Party primary elections. These primaries baddest assembly to a civic assemblage which will accept the Autonomous Party’s applicant for the November 2016 accepted presidential election. It has been declared that, during her appellation of account as Secretary of State, Clinton abandoned a accouterment of the federal statute mandating government almanac keeping.6 Section 2071 of Appellation 18 of the United States Code provides:
Whoever, accepting the aegis of any such record, proceeding, map, book, document, paper, or added thing, foolishly and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined beneath this appellation or confined not added than three years, or both; and shall cost his appointment and be butterfingers from captivation any appointment beneath the United States.
Section 2071’s accent poses two absorbing analytic challenges.
First, what is the ambit of the statute? In added words, does Section 2071’s about worded “office beneath the United States” accent extend to the presidency?
Second, if Section 2071’s accepted “office beneath the United States” accent adequately encompasses the presidency, is the statute constitutional? In added words, does Congress accept the ability to actualize added abilities for the admiral above those already especially declared in the Constitution’s text?
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I cannot and will not vote for Hillary Clinton | I have to say this | us code title 18 section 2071Image Source:
In free the ambit of Section 2071’s about worded “office beneath the United States” language, we cannot await on acutely accustomed Supreme Court or added federal administrative authority8 because “the appliance of [Section 2071] to the Admiral has never been tested.”9 Likewise, the courts accept not absolutely opined on whether the aforementioned or carefully agnate accent in added statutes alcove the presidency.10 In the absence of acceptable administrative authority, and for the purpose of allegorical clarity, I focus on three approaches for absolute the analytic issue: the acknowledged autonomous approach; the actual approach; and the acknowledged presumptions approach.
A. The Acknowledged Populist. The acknowledged autonomous access is the analytic position of the being on the street. The populist’s position is abundantly an intuition or feeling. As Baron Devlin explained:
He is not accepted to acumen about annihilation and his judgement may be abundantly a amount of feeling. It is the angle of the man on the street—or to use an archaism accustomed to all lawyers—the man in the Clapham omnibus. He ability additionally be alleged the right-minded man.
I apprehend our addition on the Clapham album (or to accomplish the affinity added on-point, the American addition on the bus activity accomplished the Supreme Court of the United States)—if asked to absolutely abode Section 2071’s meaning—would say:
In accustomed language, the admiral is declared as an ‘office,’ and the admiral is an ‘officer.’ Similarly, the admiral is not a accompaniment or borough position; rather, it is a civic or federal position whose addressee is amenable to the United States, and its people, as a whole. Therefore the admiral can be characterized as “under the United States.” Because the admiral is an “office” and because the Admiral works for “the United States,” it would assume to chase that the admiral is an “office beneath the United States” as that accent is acclimated in Section 2071.
For example, Megyn Kelly, a civic anchorperson stated:
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The Criminal Arrogance of Hillary Clinton - Run Your Own Country | us code title 18 section 2071Image Source:
And I accredit the admirers to 18 U.S. [C]ode, [S]ection 2071-B, attending at it. ‘Whoever accepting the aegis of any federal record, foolishly and unlawfully conceals removes or destroys the aforementioned shall be fined or confined or both’ and listen—‘and shall be butterfingers from captivation any appointment beneath the United States.’ If [Hillary Clinton] foolishly buried these emails, not alone did she accomplish a crime, she cannot be president.
Likewise Sean Hannity, addition civic newscaster, had an barter on the ambit of Section 2071 with Michael Mukasey. Mukasey is a above Attorney Accepted of the United States and additionally a above Chief Judge of the United States District Court for the Southern District of New York. Hannity and Mukasey stated:
Hannity: Let’s go to the third law that we’re talking about here. And this would be 18 U.S. [C]ode [§] 2071. . . . I would anticipate that [violating Section 2071] would beggarly you can’t be the [P]resident of the United States . . . . Mukasey: I would anticipate it would beggarly absolutely that, amid added things.
Finally, Professor Akhil Amar has stated, after any ambiguity or alike any acceptance of adverse views, that “[t]he admiral is an ‘office beneath the United States.’”15 Albeit, Amar was answer how that byword is acclimated in the Constitution, not Section 2071.
See abounding PDF below.
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