Hillary’s position Unconstitutional?
I’m pretty sure you’ve heard by now that Barack Obama (Not President-Elect until 2 weeks from now) will be appointing Senator Hillary Clinton to replace Condoleeza Rice as Secretary of State. One problem… that pesky piece of paper we call the Constitution.
The second clause of Article 1, Section 6, of the Constitution states, “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.”
During Hillary Clinton’s terms in the US Senate, the salary for Cabinet Officers, of which she will become, was increased from $186,600 to $191,300 and is set to increase again in January of 2009 when she is to take office.
Under Article 1, Section 6 of the US Constitution, THE Rule of Law in this country… Senator Clinton is ineligible for any Cabinet position under this administration.
This of course won’t stop Obama, nor has it apparently stopped several other administrations in the past. (isn’t it lovely when our own Presidents can’t follow the rules?) President Nixon appointed William B. Saxbe to the position of Attorney General, despite the Senate of which Saxbe was a member, all but doubling Cabinet pay. Taft, Carter and Bush Sr. have also run the razors edge on A1S6… will Obama do the same?

jason
1 Dec, 2008
Hilary Clinton will resign from the senate. End of controversy, if there ever was one.
James
1 Dec, 2008
Jason, it’s not a matter of her resigning… the Constitution clearly states that if she presided as a Senator during which, salaries were raised for the position she is now filling, she is ineligible.
She can resign the position 500 times over and it’s still the case that the Senate she was a member of, raised Cabinet salaries.
Adam R
1 Dec, 2008
Obama would have to ask that the Saxbe fix be applied (making her receive the previous salary before it was increased) in order to get her in as Secretary of State. Then it wouldn’t violate the spirit of the law of A1S6 (i.e. giving herself a raise).
James
1 Dec, 2008
True… time will tell if he does.