Obama and plural officeholding

Calvin Johnson CJohnson at law.utexas.edu
Mon Nov 17 08:49:36 PST 2008


And the presiding officer in the Senate both called who Georgia's
electors were going to be awarded to when the ballot entry was ambiguous
and was also the beneficiary of the call.   

Calvin H. Johnson 
Andrews & Kurth Centennial Professor of Law 
The University of  Texas  School of Law 
727 E. Dean Keeton (26th) St. 
Austin, TX 78705 
(512) 232-1306 (voice) 
FAX: (512) 232-2399 
Website: http://www.utexas.edu/law/faculty/cvs/chj7107_cv.pdf 
For reviews, chapters, discounts and news on Johnson, Righteous Anger at
the Wicked States: The Meaning of the Founders Constitution (Cambridge
University Press 2005) see
http://www.utexas.edu/law/faculty/calvinjohnson/RighteousAnger/

-----Original Message-----
From: conlawprof-bounces at lists.ucla.edu
[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Mark Graber
Sent: Monday, November 17, 2008 10:42 AM
To: conlawprof at lists.ucla.edu; s-gerber at onu.edu
Subject: Re: Obama and plural officeholding

And, of course, there was this character, whose name escapes me, who was
secretary of state and chief justice during the winter of 1801.  Seem to
recall he decided an obscure case based on his failure to deliver
something as well.

MAG

>>> "Gerber, Scott" <s-gerber at onu.edu> 11/17/08 11:02 AM >>>
We are covering separation of powers at the moment in Constitutional Law
1.  I noted with interest the small constitutional moment when
President-elect Obama recently resigned his senate seat. Art. I, sec. 6:
"no Person holding Office under the United States, shall be a Member of
either House during his Continuance in Office."
 
By contrast, plural officeholding was common in colonial America. In
1775, for example, John Adams simultaneously represented Massachusetts
in the continental congress, served as president of the board of war of
the continental congress, justice of the peace and of the quorum for
Suffolk County, justice throughout the colony, and chief justice of the
superior court. 
 
*****************************
Scott Douglas Gerber
Ella & Ernest Fisher Chair in Law
Professor of Law
Ohio Northern University
Ada, OH 45810
419-772-2219
http://www.law.onu.edu/faculty_staff/faculty_profiles/scottgerber.html

 
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