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

Undertoad · 11-25-2008, 07:43 PM

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"

xoxoxoBruce · 11-26-2008, 12:24 AM

She's got big enough balls to qualify.

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

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.

11-25-2008, 08:10 PM	#3
lumberjim I can hear my ears Join Date: Oct 2003 Posts: 25,571	but will overtime continue, or will there be a tie? __________________ This body holding me reminds me of my own mortality Embrace this moment, remember We are eternal, all this pain is an illusion ~MJKeenan

11-25-2008, 08:11 PM	#4
Riddil Management Consultant Join Date: Aug 2002 Posts: 165	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. __________________ He who dares, wins, my son. He who dares! - SAS Boredom: the desire for desires. - Tolstoy

11-25-2008, 08:19 PM	#5
Cicero Looking forward to open mic night. Join Date: Oct 2006 Location: New Mexico Posts: 5,148	It also says "which he was elected"..... __________________ Show me a sane man, and I will cure him for you.- Carl Jung

11-25-2008, 09:13 PM	#6
classicman barely disguised asshole, keeper of all that is holy. Join Date: Nov 2007 Posts: 23,401	Oh well then maybe its ok for a "she" __________________ "like strapping a pillow on a bull in a china shop" Bullitt

11-26-2008, 12:24 AM	#7
xoxoxoBruce The future is unwritten Join Date: Oct 2002 Posts: 71,105	She's got big enough balls to qualify. __________________ The descent of man ~ Nixon, Friedman, Reagan, Trump.

11-25-2008, 07:52 PM	#2
Sundae polaroid of perfection Join Date: Sep 2005 Location: West Yorkshire Posts: 24,185	Wow, the things the interwebz know that the White House doesn't!

11-26-2008, 08:14 AM	#8
TheMercenary “Hypocrisy: prejudice with a halo” Join Date: Mar 2007 Location: Savannah, Georgia Posts: 21,393	Interesting UT. I will have to think about it. __________________ Anyone but the this most fuked up President in History in 2012!

11-26-2008, 09:18 AM	#9
Undertoad Radical Centrist Join Date: Jan 2001 Location: Cottage of Prussia Posts: 31,423	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.

11-26-2008, 09:20 AM	#10
classicman barely disguised asshole, keeper of all that is holy. Join Date: Nov 2007 Posts: 23,401	Too late - If it has been done in the past, especially more than once, the precedent has been set. __________________ "like strapping a pillow on a bull in a china shop" Bullitt

11-26-2008, 11:24 AM	#12
lookout123 changed his status to single Join Date: Apr 2004 Location: Right behind you. No, the other side. Posts: 10,308	Maybe we coule put an ad on monster.com for the position. i'm sure there's someone like that floating around, SM. __________________ Getting knocked down is no sin, it's not getting back up that's the sin

11-26-2008, 11:31 AM	#13
smoothmoniker to live and die in LA Join Date: Feb 2003 Location: Los Angeles Posts: 2,090	And probably looking for work, these days! __________________ to live and die in LA

11-26-2008, 11:33 AM	#14
lookout123 changed his status to single Join Date: Apr 2004 Location: Right behind you. No, the other side. Posts: 10,308	I hear Obama has promised all constitutional scholars their very own hot dog stands. we may not be able to entice them away. __________________ Getting knocked down is no sin, it's not getting back up that's the sin

11-26-2008, 11:52 AM	#15
classicman barely disguised asshole, keeper of all that is holy. Join Date: Nov 2007 Posts: 23,401	But you asked for an "unfiltered" opinion. I can't imagine where you would find one of them - specially round these parts. __________________ "like strapping a pillow on a bull in a china shop" Bullitt

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