The Cellar - By the US Constitution, H. Clinton can't be Sec'y of State

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- - By the US Constitution, H. Clinton can't be Sec'y of State (http://cellar.org/showthread.php?t=18823)

Undertoad

11-25-2008 07:43 PM

By the US Constitution, H. Clinton can't be Sec'y of State

http://marcambinder.theatlantic.com/...om_state_j.php

Quote:

Article One, Section Six of the U.S. Constitution says:

No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.

Essentially, you cannot take a job if the salary was increased during your current congressional term. And the salary for cabinet officials has gone up in the past year. Even if it is lowered back down, constitutional scholars say that may not be enough to fix the problem.

Sundae

11-25-2008 07:52 PM

Wow, the things the interwebz know that the White House doesn't!

lumberjim

11-25-2008 08:10 PM

but will overtime continue, or will there be a tie?

Riddil

11-25-2008 08:11 PM

Yeah, I saw this circulating the blogs yesterday. My opinion.... *shrug* I don't think it'd stop anything. I don't think anyone believes that this was all a secret strategy by Hillary... raise pay for a sec position, run a huge campaign, lose, and aha! get a nod in the cabinet and collect on that nifty pay-raise. Cha-ching!

If they really want her in the office they'll find some amendment, or work-around. This is exactly as significant as the shocking news that came out during the campaign that maybe John McCain can't legally be prez since he wasn't a real American, since he was born in Panama before allowance was made to declare American-Panamanians naturalized citizens.

And that significance is: nil.

Cicero

11-25-2008 08:19 PM

It also says "which he was elected".....

classicman

11-25-2008 09:13 PM

Oh well then maybe its ok for a "she":eyebrow:

xoxoxoBruce

11-26-2008 12:24 AM

She's got big enough balls to qualify. :haha:

TheMercenary

11-26-2008 08:14 AM

Interesting UT. I will have to think about it.

Undertoad

11-26-2008 09:18 AM

It turns out that, in several past cases, Congress has just lowered the salary back down to pre-raise levels and the appointee took the position. That satisfies the intent of the law but not the letter of the law. It is up to the Constitutional Scholars to decide whether that's something the courts would address.

classicman

11-26-2008 09:20 AM

Too late - If it has been done in the past, especially more than once, the precedent has been set.

smoothmoniker

11-26-2008 11:18 AM

Quote:

Originally Posted by Undertoad (Post 508419)

It is up to the Constitutional Scholars to decide whether that's something the courts would address.

If only we had a resident Constitutional Scholar willing to give us his-or-her unfiltered opinion on the matter. Perhaps one who used to be a strict constructionist, but cashed in his libertarian roots to become an apologist for all things Obama.

If only.

lookout123

11-26-2008 11:24 AM

Maybe we coule put an ad on monster.com for the position. i'm sure there's someone like that floating around, SM.

smoothmoniker

11-26-2008 11:31 AM

And probably looking for work, these days!

lookout123

11-26-2008 11:33 AM

I hear Obama has promised all constitutional scholars their very own hot dog stands. we may not be able to entice them away.

classicman

11-26-2008 11:52 AM

But you asked for an "unfiltered" opinion. I can't imagine where you would find one of them - specially round these parts.

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