Brown-Waite: Obama needs Congress' OK to receive Nobel Prize

One professor called it spiteful.

Another said it was far-fetched.

Those were the reactions today to U.S Rep. Ginny Brown-Waite's request that President Barack Obama get the permission of Congress before he accepts the Nobel Peace Prize.

On Monday, the Brooksville Republican sent Obama a letter, first congratulating him, and then requesting him to "obtain Congress' consent before formally accepting the Nobel Prize."

The letter, co-signed by Republican Reps. Cliff Stearns of Ocala and Ron Paul of Texas, cites a little-known provision of the U.S. Constitution they argue prohibits a president from accepting a gift from a foreign entity.

"With every great honor, however, comes great responsibility, not the least of which is the president's constitutional responsibility to receive the consent of Congress before formally accepting this award," Brown-Waite said in a statement.

Nonsense, say those familiar with law and politics.

Fletcher Baldwin, professor of constitutional law at the University of Florida, said the letter "shows a very spiteful attitude."

"First of all, we had two other presidents who sent letters to Congress saying, 'Look, I won't take the money'," Baldwin said. "Teddy [Roosevelt] sent a letter...but certainly did not ask for permission from Congress."

In her letter, Brown-Waite urged the president to "follow in the footsteps" of President Theodore Roosevelt, who was awarded the Nobel Prize in 1906 while in office for "brokering peace between Russia and Japan."

Roosevelt declined to keep the prize money and instead established a foundation, according to the Theodore Roosevelt Association.

Brown-Waite's letter might have more to do with politics than presidential formalities, said Susan MacManus, political science professor at the University of South Florida.

"You might not like someone, but when someone gets an award, you let it go," MacManus said. "Some of it has to do with their constituents, who are all older and from conservative districts."

Brown-Waite did not return telephone calls today seeking comment.

Bruce Jacob, a professor of law at Stetson University, said the congresswoman's request is "farfetched."

The constitutionality of the request does not apply to Obama, Jacob said, and added that his donating of the funds actually strengthens the president's case.

"I don't think they're [Nobel Foundation] acting as a foreign state. ... They're acting as a private body," Jacob said. "Throughout history, presidents have accepted gifts and then turned them over; it's common practice."

Stearns disagrees.

"The Norwegian Parliament elects the Nobel Commission and, therefore, Nobel Prizes are awards presented by a foreign state. In addition, U.S. law (5 USC Title 7342) sets conditions under which the President and other federal employees can accept a gift from a foreign state without a separate action of Congress," Stearns said in a statement.

The section of the article of the Constitution cited by Brown-Waite should be interpreted to mean the president is not to be tainted or bribed, Baldwin said.

"I think it's trivial," he said.

Obama was awarded the 2009 Nobel Peace Prize for the creation of a "new climate in international politics," the Nobel committee said. The president said he would donate the $1.4 million prize money to charity.