Posted on 11/25/2008 8:27:27 PM PST by Jay777
From Marc Ambinder:
Pete Williams of NBC raised the question on MSNBC this afternoon: Is Hillary Clinton barred by the Constitution from accepting the post of secretary of state?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.
I have no idea if this means she can't take the office because salary for cabinet positions was increased last year while Clinton was a Senator. I doubt anyone will seriously challenge this position on these grounds, but it may make Obama and Clinton think twice. Any constitutional scholars or lawyers out there want to weigh in on this one?
One commenter at Say Anything says this has happened before:
This is not the first time this Article has stood in the way of a cabinet appointment. In 1973, at the height of Watergate, President Richard Nixon nominated William Saxbe (R) to be Attorney General and the issue was raised because Saxbe was in the Senate in 1969 when the Attorney General’s pay was raised.In that instance, Congress lowered the pay for the AG, allowing the appointment to proceed. Democratic Senators complained, however, and 10 senators actually voted against the transparent scheme on constitutional grounds. At the time, Sen. Robert C. Byrd deemed it was clearly unconstitutional saying we should not delude the American people into thinking a way can be found around the constitutional obstacle.
(Excerpt) Read more at stoptheaclu.com ...
Kinda hope she is inellegible. Would be a riot if our Constitutional Lawyer President screwed up his first major appointment due to a tiny, little Constitutional problem.
No.
Next question...
“...Sen. Robert C. Byrd deemed it was clearly unconstitutional saying we should not delude the American people into thinking a way can be found around the constitutional obstacle.”
Uh-huh. Great.
So, how come it is OK for a foreign national to run for President? Isn’t anybody going to vet Obama? Or does the Supreme Court have to do all the heavy lifting and deport the fraud?
Reasonably, she should be paid at the earlier salary until her senate term expires. Then she should be given the current salary.
Technically....yes she is.
as per the section of the constitution you quoted and the historical note from 1973, She is in fact not elligible for the position. I suppose the dems could try to site precedent and lower the pay, but as Sen. Byrd stated, that is still not legal. I would like this go to SCOTUS and have her nomination shot down, but I am certain that the spineless republicans will not want to upset anyone and not say a thing
If Obama nominates her she just resigns her senate position before she’s sworn in think.....
What? The flawed Constitution!
Technicalities? Has that stopped a politician before? I think not.
When have rules meant anything to The Clintons?
And Obama was ineligible for POTUS too. It didn’t stop him, did it?
C'mon.....you folks aren't that dense, eh?
HAH!
She could resign, yes, but that will not mean she wasn’t Senator prior.
If she was in the Senate when the pay was raised for Sec of State, then she is not eligible, at least according to that pesky, flawed, useless, outdated document.
Yes, but these are Democraps and the Obamessiah we’re talking about. The Constitution is irrelevant in their world.
All that is necessary is for congress to roll back the pay raise that she voted for. It has been done before.
Ok it’s the pay issue ......I see that now , thanks !
Good points. Anything to cause OhCrap Inc & the Clintonistas anguish.
How ‘bout she resigns her seat, then Obama says, “Oh that’s right, you’re ineligible.” and yanks the Sec of State from her.
Now where the f#ck is she?
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