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An "awkward" summit (thanks to our Constitution)

By Jack M. Balkin

An article in today's NYTimes noted the "awkward[ness]" of the fact that there will be a purported "summit" meeting next week that will not be attended by President-elect Obama. The Times quoted Robert Gibbs, described as a "senior adviser to Mr. Obama": ?While some may say it?s awkward that he?s not there, it would be far more problematic to be there. We firmly believe there is only one president at a time.?

Well, yes, and who, precisely, would that be? The legal president or the politically legitimate one? Presumably the answer is the former, even though almost literally no one in the world is particularly interested in talking with him right now (save perhaps for encouraging him against any last minute unilateral military adventurism). But hey, it's all right. We really need the 13 weeks between election and Inauguration for the "transition." I certainly hope that nothing important happens before January 20 that needs decisionmaking by a politically legitimate president. Perhaps I'll just go out shopping at one of the bankrupt businesses having a going out of business sale. That'll get my mind off our defective Constitution....

Full post as published by Balkinization on November 12, 2008 (boomark / email).