Dog Trainer Editors Can’t “Seem” to Read
Apparently, the Clinton News Network isn’t the only news organization whose policy is that if their own editors haven’t bothered to look up the 12th Amendment, there must not be one. Today’s editorial on Schwarzenegger’s speech at the G.O.P. convention leads off with the following intriguing thought, which the editors do not rebut:
Tony Quinn, a GOP political consultant in Sacramento, raised an intriguing possibility in a newsletter Tuesday, hours before California’s governor stepped onto the podium in New York: The U.S. Constitution doesn’t seem to bar Austrian-born Arnold Schwarzenegger from becoming vice president.
“Seem to?” Either the Constitution bars Arnold from being Vice-President or it doesn’t. Let’s find out which. Start by assuming that anyone who is qualified to be President will probably also qualify to be Vice-President. Can you think of any reason or reasons why Arnold Braunschweiger would be disqualified from becoming President? Any at all? Do they have some prohibiting ex-bodybuilders to the oval office? Nah. Actors? Nope, that’s been done already. Oh wait, I know, maybe you’re not supposed to elect anyone who talks funny. No, that’s not it, either. Maybe a ban on electing guys suspected of groping women in the past? Fuhgeddaboudit.
Oh, wait, I think I know the answer. It’s all coming back to me now, from that one day in high school when I actually went to civics class rather than hang out with all my pre-journalism student-friends who were playing hooky and getting stoned. That day, the teacher said something about the olden days when the word “unconstitutional” meant that something actually conflicted with a provision of a written “constitution,” as opposed to the word’s more contemporary meaning, which is simply “I don’t like it.” We were told that this “constitution” – that long-forgotten, written constitution from days of yore – imposed certain restrictions on who could and could not be President, to wit:
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
To date, courts have upheld this rule against all the penumbras, emanations and other bases on which a constitutional provision might ordinarily be found unconstitutional. Until that changes, these rules stick, so to find out whether Arnold Strong can be President, let’s go down the list of requirements. Age 35 or older? Check. Fourteen year residency? Check. U.S. Citizen in 1789? Um… no,. He may be a bit old to be running around on the silver screen pretending to be a robot, but he’s not 215, yet. Natural born citizen? Well, maybe, if you count him as a “natural” based on his childhood dreams of coming to America, but otherwise, no. Hollywood, we have a problem.
Now that we’ve established that Arnold can’t be President, let’s see what the rules are for Vice-Presidents. Tony Quinn and the L.A. Times say that the U.S. Constitution doesn’t “seem” to bar Arnold from seeking that office. Let’s see if they are right. Take a look at Amendment 12, which seems to say:
The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, blah blah blah blah Vice-President, and of the number of blah blah blah blah blah sign and certify, and transmit blah blah blah of the United States, directed to the President of the Senate;–The President of blah shall blah blah blah and the person having the greatest number of blah shall blah, if such blah be a majority of the blah blah blah; and if no person have such majority, then blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blahbbity frickin’ blah. This is soooooooooooooo boring. Let’s just send the editorial to press now, and call it a day, K?
Of course, that’s not what the 12th Amendment really says, just what it seems to say, if you happen to be a five year old, an L.A. Times editor, or anyone else with an unusually short attention span. If not, the 12 Amendment won’t “seem” much like that at all, especially when you get to the last sentence, which neither Tony Quinn nor the Dog Trainer could seem to find:
But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
That doesn’t leave a lot of room for seeming, does it?
UPDATE: I have alerted both Tony Quinn and the Dog Trainer Reader’s [Non-]Representative to the error. Quinn acknowledged the error; the Trainer did not (yet?).
UPDATE x2: As of 9/3/04, the Dog Trainer has yet to acknowlege its error, even though it did run a letter by a law professor pointing out the obvious.
UPDATE x3: Apparently, there’s some maximum I.Q. requuirement to write anything for the Times. Reader Ralph Shaffer alerts me in a comment to a recent an op-ed by Republican strategist Dan Schnur, which opines that it is the 23rd Amendment that bars Schwarzenegger from the Presidency. Perhaps that explains why we had so many naturalized citizens as commander in chief from 1790 through 1961. Check out the comment; it gets worse.
FINAL UPDATE: The Trainer finally issued a correction on 9/4 (h/t: Patterico), three days after I alerted them to their boner and one day after the law professor’s letter ran. Unfortunately, even the correction could stand a little correcting:
[T]he 12th Amendment, ratified in 1804, closed [the] prospect [of a naturalized citizen becoming Vice President] by declaring that the qualifications for vice president were the same as for president.
That’s technically true, but still misleading, as that prospect was never really “open” in the first place. Prior to the 12th Amendment, the vice presidency went to the presidential candidate who came in second. It is highly unlikely that any naturalized citizen would have run for President, knowing he was unqualified to win, but hoping to come in second so he can serve as Vice President under the guy he was pretending to run against.








September 1st, 2004 at 7:47 pm
[...]
Oh, that liberal err stupid media
|By SayUncle|
XRLQ seems to rip into the the LA Times for their inability to read long amendments< [...]
September 1st, 2004 at 4:44 pm
good find
September 1st, 2004 at 6:41 pm
Constitutional issues aside, if the L.A. Times concedes that Schwarzenegger couldn’t be president, what possible reason could they (or the quoted political consultant) have for thinking that Schwarzenegger, the chief executive of the most populous state, would want to spend 4-8 years languishing as a powerless, dead-end vice president? I can’t imagine that this was an idea floated by anyone in the Arnold camp.
September 1st, 2004 at 7:12 pm
I don’t think anyone really thought Schwarzenegger would accept the job as Veep. It was more of a thought experiment. The editorial actually stated that it is difficult to imagine Schwarzenegger playing second fiddle to anyone.
September 1st, 2004 at 8:04 pm
Xrlq, my point was less about the second-fiddle status than it was that the vice presidency is generally understood, Dick Cheney notwithstanding, as the launchpad to a later presidential run.
But I see now, as you wrote, that this was a thought experiment, something fun for high school civics class dorks to snort about, rather than anything practical. (”Here’s one: if Clinton changed his name, had gender-reassignment surgery, underwent a complete blood tranfusion, and reduced his existence to only two dimensions he could run for another term. Hee hee!”)
Good thing there aren’t any here-on-Planet-Earth issues facing California that the L.A. Times could have devoted that space to instead.
September 1st, 2004 at 8:52 pm
Los Angeles Dog Trainer “Doesn’t Seem to” Have the Ability to Read Simple English
Xrlq rips the editors at the L.A. Dog Trainer for offering an (incorrect) assertion on a simple constitutional issue — without bothering to research it by, for example, reading the Constitution. The Dog Trainer editors published an editorial this morn…
September 1st, 2004 at 9:12 pm
You jest, but a few months back, CNN made an argument that was only marginally less stupid than your hypo. And they weren’t kidding.
September 1st, 2004 at 11:10 pm
HOW STUPID ARE THE DEMOCRATS
at the L.A. Times? This stupid….
September 2nd, 2004 at 10:46 am
“No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; ”
That second comma is interesting, yet troubling, because it makes me think that someone must have either been a natural born Citizen, or a Citizen, at the time of the adoption of the constitution; therefore no one born after 1789 would be eligible.
September 3rd, 2004 at 5:06 am
Ahnuld as Veep?
Xrlq takes apart the L.A. Times and GOP political consultant Tony Quinn for their complete lack of knowledge of the Constitution of the United States (emphasis mine): Tony Quinn, a GOP political consultant in Sacramento, raised an intriguing possibilit…
September 3rd, 2004 at 2:13 pm
L.A. Times Corrects Error in Editorial, Sort Of
The L.A. Times ran a letter today under the headline: Check the Constitution: Your Sept. 1 editorial, “Schwarzenegger’s Close-Up,” begins with the “intriguing possibility” raised by Tony Quinn, a GOP political consultant, that the “U.S. Constitut…
September 3rd, 2004 at 8:25 pm
Hey, you overlooked Dan Schnur’s misinterpretation of the Constitution re Arnold and the presidency in an op-ed in – Yep, the LA Times – on Aug. 26. Schnur noted that Gov. S was ineligible for the White House because of the TWENTY-THIRD Amendment. Last time I looked the 23d dealt with an electoral vote for D.C. When that was called to his attention, this Republican advisor to presidents and governors said it was a typo on his part, that he meant that it was the TWENTY-EIGHTH Amendment that blocked Arnie’s run for the Presidency. Even when it was pointed out to him that there isn’t a 28th Amendment, he still insisted that was the reason Arnie can’t run. And this guy will be teaching Political Science at Berkeley this fall.
September 4th, 2004 at 12:59 pm
Xrlq Gets a Correction in the L.A. Times
Todat the Los Angeles Dog Trainer run this correction: Schwarzenegger