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Political Hay
Rahm, Roosevelt, and Residency
If Mr. Emanuel were his car, he’d have an easier time establishing his Chicago residency.
The issue of the eligibility of Barack Obama under the U.S. Constitution to occupy the office of the President of the United States was in the press again last week — this time in the context of an Army doctor, Lt. Col. Terrence Lakin, court-martialed for refusing orders indirectly issued by the Commander-in-Chief.
Under the Constitution, Art. II, Sec. 1, cl. 5, there are only three requirements for the office, two of which can be satisfied with a birth certificate:
• natural born citizen of the United States;
• at least 35 years of age; and
• resident of the United States for 14 years.
I find it notable that this 1789 Constitution contains no criteria concerning gender, race, ethnicity, religion (indeed a “religious test” is specifically banned), property, experience (such as prior public office), occupation, previous condition of servitude, literacy or education. With respect to the residency requirement, do you think the residency requirement pertains to what is called domicile or actual residency? Is it 14 consecutive years? Is it 14 years prior to election? Is it 14 years as an adult, so grade school years do not count?
A requirement of residency for elective office was an issue last week in Chicago. Rahm Emanuel, former Chief of Staff to President Obama, testified before a hearing officer for the three-member Chicago Board of Election Commissioners about his eligibility to have his name appear on the ballot for mayor of that city. Under the law, candidates must have been residents of the city for a full year before Election Day, February 22, 2011. Effective January 2, 2009, Mr. Emanuel had resigned as a congressman representing a Chicago area district, and rented out his Chicago home in June 2009, to assume the job with the President-elect.
Emanuel testified that he is registered to vote in the city (and did so early in 2010) and his car was registered — both using the address of the home he rented out. This is peculiar. Typically, residency is required to prove the right to vote not the other way around, using the voter certificate and the fact of voting to prove residency. One simply cannot vote anywhere and everywhere one owns real property. To appear at a polling station (or vote absentee as he did) holding oneself out to be a resident of a house that one is barred (under a lease) from occupying would appear to be voter fraud.
Emanuel’s attorneys distinguish between establishing residency and abandoning residency. They say he never intended to abandon his residency. Thus, Emanuel testified that he always intended to return to the city, having left only to serve the President: “The only reason I no longer put my head down in that house [he owns and rents out] is the president of the United States at a time of crisis asked me to serve as chief of staff.” Of course, any and all 3,000-plus presidential appointees could much say the same.
Emanuel testified that he left valuable personal possessions in the house — a coat of his grandfather’s, his wife’s wedding dress, clothes his children wore home from the hospital just after they were born, photographs, his children’s report cards and their drawings. His attorneys introduced into evidence pictures of the crawlspace where these items are stored. Since these things were stored in a home he owns rather than a self-storage location, it does evidence intent to return to occupy the home, but that is not current residency. Many people rent a home with items owned by previous tenants and owners stored there, but that does not mean that the owners of the personal property are residents of that home. Furthermore, Emanuel earned multimillions in investment banking between 1998 and 2002. As of 2004, he owned a home in Michigan. (Naftali Bendavid, Thumpin’: How Rahm Emanuel and the Democrats Learned to Be Ruthless and Ended the Republican Revolution (2007), p. 14.) Maybe he still owns that home and others. And in those homes are personal possessions. Is he a resident of each of those towns for the purposes of running for public office?
Emanuel filed an income tax return in 2009 in which he declared himself to be a part-time resident of Illinois — until he rented out his home in June 2009. It is reported that he testified that he amended this return last month to state that he had been a full-time resident in 2009 and lived in Chicago — at an address, however, at which he has resided only after his October 2010 resignation as Chief of Staff.
And while in Washington, D.C., Emanuel continued to write checks bearing his 2009 Chicago address.
R. Emmett Tyrrell, Jr., wrote his most recent satirical piece about Emanuel’s candidacy on December 2 — before the three-day hearing last week. The evidence adduced at the hearing was stranger than fiction. No one would make up the story of Emanuel’s quest; it would not make credible fiction.
The residency issue of mayoral candidate Rahm Emanuel brings to mind the residency issue of Theodore Roosevelt. In January of 1898, Roosevelt was serving as Assistant Secretary to the Navy when he wrote a letter to avoid $50,000 in personal taxes assessed by New York City, claiming that he was a resident of Washington, D.C. Following the charge up San Juan Hill on July 1, 1898, he became a candidate for governor of New York. On September 24, just prior to the start of the Republican State Convention, the papers reported the existence of this letter which threw into doubt Roosevelt’s satisfaction of the five-year residency requirement under the state constitution for governor. On September 27, after Roosevelt’s name had been placed in nomination, an attorney by the name of Elihu Root stood up to address the convention on Roosevelt’s behalf concerning Roosevelt’s eligibility. His speech is recorded verbatim in the New York Times of September 28. Root distinguished between permanent residency, that is domicile, and temporary residency. He argued that Roosevelt had been domiciled at Oyster Bay since 1884, even while serving in New York City as Police Commissioner (1895-97), and even while serving in Washington as Civil Service Commissioner (1889-95) and as Assistant Secretary of the Navy (1897-98). (Unlike Emanuel, Roosevelt had never rented his Oyster Bay house out.) With Roosevelt’s nomination on the same evening, Root won his verdict. Root (1845-1937) went on to serve as Secretary of War (1899-1904) under McKinley, Secretary of State (1905-1909) under Roosevelt, and as U.S. Senator from New York (1909-1915). He received the Nobel Peace Prize in 1912.
We will see in a matter of days how well Emanuel’s attorneys have succeeded, given the specific language of the law, case law interpreting it, and the facts. This link contains a link to the pre-hearing brief they filed. On Saturday, December 18, 48 Chicago area legal experts filed an amicus brief. During the 2008 campaign, there were many comparisons made, including by Obama himself, between Obama and Abraham Lincoln. It is reported that this amicus brief compares Emanuel with Lincoln.
I bear Emanuel no ill will. I believe in the rule of law. My fondest hope is that the next mayor of Chicago, whoever he or she is, will, simply, love Chicago as I believe Mayors Richard J. and Richard M. Daley did.
Letter to the Editor View all comments (15) | Leave a comment
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Bill Hussein O'Stalin| 12.20.10 @ 6:28AM
I was a little awe struck at that last sentence, imputing that the Daleys loved Chicago. Perhaps there are different forms of love.
Who wouldn't love a city they and their friends can plunder at will? With few repercussions.
Denver Todd| 12.20.10 @ 8:52AM
Maybe Mr. Thunder is being facetious.
Occam's Tool| 12.20.10 @ 2:07PM
Dear Bill:
A wife beater can still love his wife. That doesn't mean he isn't a sick f$#^.
drudge ette obama| 12.20.10 @ 6:31AM
Are you saying that Emanuel's lawyer will win the Nobel Peace Prize ?
Rahm Emanuel's explanations remind me of the compulsive liar that used to appear on Saturday Night Live. Yeah...I lived in Chicago..I left a log in the fireplace in the house I rented..yeah, that demonstrates I intended to live there.
What stinking emergency was it that caused Rahm to move to D.C.? Oh, it was the Obama Presidency - now that has been a real emergency for us all. Can Valerie Jarrett please move back to Chicago.
JAWilson| 12.20.10 @ 7:39AM
The photo of the Rahminator says it all. He's taking names in the hearing and those poor souls will never get their garbage picked up again. That's the Chicago Way!
I don't want the Rahmster to be mayor simply for the fact that he is proposing a contract with parents of CPS students so that its the parents problem to teach their kids to read. I have my kids in the CPS and I do plenty of homework. The teachers should do their jobs, and the Rahmster should keep the DC stunts in his crawl space with the wedding dress.
Chef Schnauzer| 12.20.10 @ 7:51AM
This issue is one of the 3 or 4 core Tea Party motivating issues that neither party seems to understand.... The rules don't apply to the people who manufacture regulation and enforce regulation... The very first time congress exempted themselves from the laws and regulations they choke down the throat of the general public and business they became malicious plaster saints. On one hand it might be a given that the Sheriff's 'slow nephew' get a job at the county garage. On the other hand to ride rough shod over laws and decency is repugnant; wether it's a gay prostitution ring out of Congressman Frank's parlor or DNA on a blue dress or taking Fanny Mae's bribes for legislation: this behavior is roiling across the country and when the citizens come to Washington to settle accounts the useless frauds called 'Official Washington' will have no place to hide. Except possibly Barney's parlor - don't want to catch any STDs.
Curly Smith| 12.20.10 @ 8:27AM
I remember when the talk was that the Constitutional requirement unfairly kept such leading lights as Arnold Schwarzenegger, Governor California, and Jennifer Granholm, Governor Michigan, from vying for the Office of the President of the United States. It's funny, I don't hear that talk anymore... I wonder why?
ChicagoLawyer| 12.20.10 @ 2:29PM
I have to say, as a lawyer, I find this whole discussion amusing but pointless. The law is pretty clear, Rahm will be found to be a Chicago resident. At the end of the day, it is well settled in American jurisprudence that it is intent, rather than physical location, which determines residency. Rahmbo almost certainly had this in mind when he was locking his keepsakes in that crawl space. You can hate the guy all you want, but if you're hoping to see his candidacy sunk by this, you better get to work on a plan B.
Margie| 12.20.10 @ 3:29PM
Rahm Emanuel: Just another Prima Ballerina who thinks he's cute and can get away with it.
Emma| 12.20.10 @ 4:04PM
I don't suppose the known fact that he's a liar and a thug has any relevancy. Naaaw....those are his primary qualifications for Mayor of Chicago.
Poor Illinois. Now the rest of the U.S. knows how they have felt for decades.
beebop| 12.20.10 @ 6:38PM
Was his wife's dress white?
Shirley| 12.21.10 @ 4:36AM
So how long before a decision will be made on whether he is or is not a resident? Inquiring minds want to know
Thunder| 12.21.10 @ 8:46AM
Hearing Officer's recommendation is expected Thursday 12/23. Then Board decides. Then possible appeal to court. Then possibly more appeals.
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Bruce Michael Anderson| 12.21.10 @ 12:33PM
And to think Rahm Emanuel wants to run to replace Mayor Richard Daley
Old terms for Chicago's New Tough New Gun Law Treason Mayor Richard M. Daley "Direct Criminal Constitutional Contempt of Court, The Supreme Court ruled Your Bans Are Unconstitutional. Like HR 2640 the "Veterans Disarmament Act",
http://gunowners.org/netb.htm HR 2640 the "Veterans Disarmament Act" and & S 2084) dereliction of duty to the Oath of office as the leadership of common defense Direct Criminal Constitutional Contempt of Court The Supreme Court ruled Your Bans Unconstitutional
The States Rights, or Constitution is to be governed by the Federal Constitution Any act by the leadership of common defense to Dis Miss Self Defense rights is unconstitutional, So Out lined By the Bill of rights Bill of rights "Amen"dment 2. , the black’s law dictionary outlines these actions as Direct criminal constitutional Contempt. The Term Sanctum Mcgallium gives us a way to sue the appointed persons or elected person for such Kings rule actions Sue them out. Its helps to remove immunity the other law that came be used is U.S. Title 42 usc section 1983. Terms We the people need to know, Tort claims elected an or appointed "Congressional" "Direct" "Criminal" "judicial" or "judiciary" Constitutional contempt, And U.S. Title 42 u.s.c. Section 1983. Terms even the Supreme Court Most go by,
Shall not be infringed.
He wants to:
* Limit the number of handguns Chicago residents can register to one per month and prohibit them from having more than one functional handgun at a time.
* Require residents with children to keep firearms in lock boxes or equipped with deadly trigger locks.
* Require those looking to purchase firearms to take a four-hour class and one-hour training at a gun range. Buyers would even have to leave Chicago because the city limits the use of ranges to police officers.
* Prohibit people from owning a gun if they have two or more convictions for driving under the influence of alcohol or drugs.
* Maintain a centralized registration database with the names and addresses of every handgun owner in the city.
Ammunitions they are seeking to ban and or tax it more than they already do.
What would Washington’s Views be About these Actions of Congress the voice of we the people and Wonder what George Washington would say to the Congressional constitutional contempt I mean the Anti Self defense laws the leadership of common defense is working on. As like this Taxes and re stricken Ammunition!
Ammunition that is being sought to be controlled by higher taxes, gee that sounds like the things of the "stamp act" that was a part of the "T" axed "E" oungh "A"lready party of the Revolutionary war, that the King of England sought to do to control free markets, no wonder Washington Wanted Taxes voluntary, may be that is why the declaration of independence is written on hemp,
Washington had about 4,000 aco rs of it in what was it Indiana the closest sea port was Louisville Kentucky maybe it was that Washington did not like the king messing with his cash crop for his free market flow of ropes for the Ships and or sails made from it the thing called "Hemp" , the King Wanted to control self defense I mean Gun powder i mean Ammunition and the sea port was the way control it & control We the people. What happen to we the people! And the view of Voluntary taxes No federal tax’s unless a war being fought on united soil
I hear the word treason and in my view its time to suit out Obama and the rest of them elected an or appointed for "Congressional" "Direct" "Criminal" judicial or "judiciary" Constitutional contempt use US title 42 usc Section 1983. I mean was that not what was the thing used to put
Eric holder on a short leash with the Black Panthers aside from freedom speech and so on! I do not back the Black Panthers how ever I do back freedom. Shall not be infringed. Cut from an Mixed with my own words Dudley Brown National Association for Gun Rights