Was the Nobel unconstitutional?

On Oct. 9, President Barack Obama was awarded the 2009 Nobel Peace Prize for his alleged "extraordinary efforts to strengthen diplomacy and cooperation between peoples." The honor came as a surprise to everyone, including the President himself who, upon discovering his status as the 108th Nobel Laureate, informed the public that he did not "deserve to be in the company of so many of the transformative figures who have been honored by this prize".

In other words, he has yet to accomplish anything worthy of the award. On this subject, President Obama and I are in total agreement. According to the United States Department of State, Obama has traveled to more than 16 countries including Egypt, Turkey and France in his insatiable quest for international diplomacy.

But the question is raised: how can you award someone a prize for something they have not yet achieved? The Norwegian Nobel Committee and I could argue on this topic until the cows come home, but it would all be in vain because Obama's Nobel is unconstitutional.

If anyone were ever curious (or bored) enough to actually read the Constitution, they would find that Article I, Section 9, Clause 8 states that "no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State."

In the pursuit of comprehension, one might ask oneself what classifies as an emolument. Webster defines it as "money paid to a person for labor or services," in which case, a $1.4 million Nobel is most definitely an emolument.

One might then take note that the Norwegian Nobel Committee, five people who annually carry out the duty of picking a Nobel Laureate, cannot be defined as a king or prince. It is however a "foreign state" which, for the purposes of the clause, is explained as any "political subdivision, agencies or instrumentality" that does not belong to the United States.

Another key question in our search for understanding is this: Does the Nobel Committee classify as a political subdivision? According to the Supreme Court of Appeals of West Virginia a "political subdivision" includes a municipality, a county commission, a county board of education and certain other local governmental entities." The committee then is not a political subdivision since it is neither of these things.

What about an agency or instrumentality? Does the Committee fall under one of these? The Proskauer Rose LLP International Law Practice defines it as any entity that is a "separate legal person, corporate or otherwise" or is an "organ of a state or is majority owned by the state or by a political subdivision of the state." No doubt. The Norwegian Nobel Committee once again fits the bill.

But wait! U.S. sitting presidents have been awarded the Nobel Peace Prize before. How come there has never been any controversy? How come Theodore Roosevelt and Woodrow Wilson did not have to get permission from Congress to accept their prizes? Well, there is a reason.

Although it is somewhat strange, there is a method to this madness. All of these presidents were awarded for past actions - Roosevelt for his collaborative endeavors to work with both Russia and Japan in ending the Russo-Japanese war and Wilson for his ingenious Fourteen Points Plan (which was largely rejected) and for founding the League of Nations.

President Obama's award is more like a hopeful prayer, an encouragement and, in his own words, "a call for action." Let's all face it: Awarding him the Peace Prize so early in his presidency is somewhat akin to putting the cart before the horse.

FGCU political science professor Rick Coughlin suggests that this clause, composed in the 18th century, may no longer be relevant to the contemporary U.S. government. I am of the opinion that, if it is no longer applicable, it should be removed to avoid complications in the future.

Melissa Mears is a sophomore. She is majoring in Communication with a Public Relations Concentration. She hopes to someday become the Chief Communications and Public Affairs officer at the United Nations in New York. She believes nothing in life can take the place of success and ambition.