Wednesday, January 21, 2009

63% of Campaigns & Elections readers say media exhibited a clear bias for Obama

 

 
 

 
Politics magazine Poll of Readers Says Media Showed Clear bias toward Obama during the 2008 Campaign


A poll of Campaigns & Elections' Politics magazine subscribers shows political insiders pick both expected winners and some surprises in evaluating the 2008 election and the political season ahead.  Among the results to be presented by Mark J. Penn at the Politics magazine Reed Awards and conference on Thursday, January 22:
 

Sarah Palin is seen as the "Best Villain" of the 2008 election, named by 23% of respondents.  Joe Lieberman (17%) and John Edwards (16%) split the second-place votes.

Who would you say was the "Best Villain" of the 2008 election? 
Sarah Palin    23%
Joe Lieberman    17%
John Edwards    16%
Michelle Bachmann    7%
Rudy Giuliani    6%
Ron Paul    5%
Elizabeth Dole    4%
Barack Obama    4%
John McCain    3%
Other    12%
Don't Know    3%

 
Hillary Clinton's "3 A.M. Ad" was named the "Best TV Spot" of the 2008 election, selected by 31% of respondents.  Barack Obama's advertisement "The Moment" finished in second- place (24%), with John McCain's "Celebrity" (11%), Mike Huckabee's "Chuck Norris Approved" (9%), and Bill Richardson's "Job Interviews" (7%) sharing third-place honors.

Which of the following political advertisements would you say was the "Best TV spot" of the 2008 election?   
Hillary Clinton – "3 AM"    31%
Barack Obama – "The Moment"    24%
John McCain – "Celebrity"    11%
Mike Huckabee – "Chuck Norris Approved"    9%
Bill Richardson – "Job Interviews"    7%
Mitt Romney – "Experience Matters"    3%
Republican National Committee – "Storm"    3%
Mike Gravel – "Throws a Rock in a Lake"    1%
Other    4%
Don't Know    6%


Most respondents (63%) said that the national media exhibited a clear bias in favor of Barack Obama during the 2008 campaign, while roughly one-quarter said the media fairly represented all the candidates (23%).  Few respondents said the media exhibited a clear bias in favor of Hillary Clinton (5%) or John McCain (5%).

Which of the following is closer to your view?

In general, the national media exhibited a clear bias in favor of Barack Obama during the 2008 campaign.    63%
In general, the national media fairly represented all the candidates in the 2008 campaign, and did not assist any one candidate above the others.    23%
In general, the national media exhibited a clear bias in favor of Hillary Clinton during the 2008 campaign.    5%
In general, the national media exhibited a clear bias in favor of John McCain during the 2008 campaign.    5%
Don't Know    4%


The full poll, to be presented by Mark J. Penn, will include results of these additional question:
-Who would you say was the "Best Political Duo" of the 2008 election?
-Which of the following would you say was the "Best Slogan" of the 2008 election?
-Who would you say was the "Best Political Strategist" of the 2008 election?
-Who would you say was the "Person You Would Most Want on Your Team" of the 2008 election?
-Which of the following political advertisements would you say was the "Best TV spot" of the 2008 election?
-Who would you say was the "Best Villain" of the 2008 election?
-In your view, what was the "Most Surprising Event" of the 2008 election season?
-Which of the following is closer to your view about media bias in the 2008 election season?
-Who would you say was the "Best Pundit" of the 2008 election?
-Who would you say was the "Worst Pundit" of the 2008 election?
-Who would you say was the "Best Columnist" of the 2008 election?
-Who would you say was the "Worst Columnist" of the 2008 election?
-Who would you say was the "Best Political Blogger" of the 2008 election?
-Which of the following would you say was the "Best-Run Senate Campaign" of  the 2008 election?
-Which of the following would you say was the "Best-Run Governor's Campaign" of the 2008 election?
-Which of the following would you say was the "Interest Group Which Had the Biggest Impact" during the 2008 election?
-Which of the following would you say was the "Issue That Most Gained in Importance" during the 2008 election?
-How important do you think this issue will be in the first 100 days? [economy, tax policy, wars in Iraq and Afghanistan, Global War on Terror, healthcare, energy issues, environmental issues]
-Which of the following is closer to your view about additional government loans to GM, Chrysler, and/or Ford?
-Who would you say is President-elect Barack Obama's "Best Cabinet Pick"?
-Thinking about the Obama Administration after the Inauguration, who would you say is the "Cabinet -Member Most Likely to Succeed"?
-Starting from his Inauguration, please indicate on the drop-down menu here how long you think the "honeymoon" will last for President-elect Barack Obama?
-If President-elect Barack Obama called you today and asked you to work in his administration, what would you say?
-If you could give President-elect Barack Obama one piece of advice, what would it be? [open-ended]
 
 
Penn, Schoen & Berland Associates conducted 475 internet interviews with current subscribers of Politics Magazine on January 3-13, 2009.  The margin of error is +/- 4.5%. For more information, contact Beth Lester, blester@ps-b.com or (202) 842-0500.

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Tuesday, January 20, 2009

The First African-American President?

Republished from the Volokh Conspiracy website http://volokh.com/archives/archive_2009_01_18-2009_01_24.shtml#1232484721 with kudos to Talk Show Host Mark Levin http://wwwmarklevinshow.com for bringing this to my attention--

 

Prof. Ken Katkin writes, though with the preface that this is "just for fun":

(1) The 20th Amendment provides that "[t]he terms of the President and Vice President shall end at noon on the 20th day of January...."

(2) Art II., Sec. 1 Cl. 8 provides that "[b]efore he enter on the Execution of his Office, [The President] shall take the following oath...."

(3) President Obama did not take the Oath of Office until about 12:03 pm today, after Vice President Biden took it at about 12:01 p.m. (Yo Yo Ma and Itzhak Perlman were still fiddling at noon).

(4) Therefore, there was a brief window (just after noon) when George Bush and Dick Cheney were no longer President and Vice President, but Barack Obama and Joe Biden also were not yet qualified to enter on the Execution of their offices.

(5) The Presidential Succession Act, 3 U.S.C. sec. 19(a)(1), provides: "If, by reason of ... failure to qualify, there is neither a President nor Vice President to discharge the powers and duties of the office of President, then the Speaker of the House of Representatives shall, upon his resignation as Speaker and as Representative in Congress, act as President." Section 19(b) states that the President Pro Tempore of the Senate shall act as President (under the same terms and conditions) if the Speaker of the House fails to qualify.

(6) Neither Nancy Pelosi nor Robert Byrd actually resigned their seats in the Congress. Thus, neither of them qualified to become Acting President under the Presidential Succession Act. Plus, interbranch appointments might be unconstitutional anyhow. See Akhil Reed Amar and Vikram David Amar, Is the Presidential Succession Law Constitutional?, 48 Stan. L. Rev. 113 (1995); but see Howard Wasserman, Structural Principles and Presidential Succession, 90 Ky. L.J. 345 (2002).

(7) Section 19(d)(1) of the Presidential Succession Act provides: "If, by reason of ... failure to qualify, there is no President pro tempore to act as President under subsection (b) of this section, then the officer of the United States who is highest on the following list, and who is not under disability to discharge the powers and duties of the office of President shall act as President: Secretary of State ...."

(8) Notably, Section 19(d)(1) does not condition the Secretary of State's assumption of the powers and duties of the office of President on resignation of her current office, nor does elevation of the Secretary of State raise any constitutional issue of interbranch appointment.

(9) The term of office of the Secretary of State does not automatically terminate at noon on the 20th day of January.

(10) On January 20, 2009, Condoleeza Rice was (and is) still the Secretary of State.

(11) Accordingly, from 12:00 noon until 12:01 p.m. (when Vice President Biden took the oath of office and became Vice President), Condoleeza Rice was momentarily the Acting President of the United States, our first African-American President.

I suppose the obvious counterargument is that Secretary Rice also never took the Oath prescribed in Art. II, Sec. 1, cl. 8, and thus was no more qualified than Barack Obama or Joe Biden to act as President at 12:00 noon. But if Secretary Rice was not President from noon to 12:01, then who was?

See also the Washington City Paper blog, which first blogged Prof. Katkin's analysis (though please note that I have Prof. Katkin's permission to reprint his thoughts). To be sure, I think Orin Kerr is right that under the Twentieth Amendment that "the terms of [the incoming President and Vice President] shall then begin" when the outgoing pair's "end at noon on the 20th day of January," so Pres. Obama was probably President starting at noon, even before the oath was taken. But Prof. Katkin's analysis is more fun.

UPDATE: Prof. Katkin now reports that Biden took his oath of office before 12 noon, despite earlier press accounts, so all the above is moot. Another beautiful theory destroyed by ugly fact.