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Is Clinton Barred By Constitution From Secretary of State Job?
Stop the ACLU ^ | 25 Nov 08 | John Stephenson

Posted on 11/25/2008 8:27:27 PM PST by Jay777

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To: mockingbyrd

His place of birth is a BIG Constitutional problem!


41 posted on 11/26/2008 8:16:12 AM PST by upcountryhorseman (An old fashioned conservative)
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To: Jay777
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.

Not an issue.

The first clause says that you can't create a civil job for a sitting legislator. Nor can you lure a legislator away by a promise of huge pay for an existing job. Secretary of State is neither new, nor are they offering "increased emoluments.

The second clause says nothing more than that Hillary can't remain in the Senate if she takes the SoS job.

42 posted on 11/26/2008 8:22:46 AM PST by r9etb
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To: Squantos
If Obama nominates her she just resigns her senate position before she’s sworn in think..... Not good enough. The text states very plainly "...during the term for which (he) was elected...", which means until the end of her current term -- not just whether or not she is still a senator.
43 posted on 11/26/2008 10:12:28 AM PST by VRWCmember
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To: Jay777
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,

Does this mean no currenly members of Congress can be appointed any civil office?

44 posted on 11/26/2008 10:16:09 AM PST by weegee (Sec. of State Clinton. What kind of change is it to keep the Bush-Clinton-Bush-Clinton Oligarchy?)
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To: weegee
Does this mean no currenly members of Congress can be appointed any civil office?

Apparently.

45 posted on 11/26/2008 10:18:07 AM PST by Bubba Ho-Tep ("More weight!"--Giles Corey)
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To: Rembrandt
Can a former two term co-President be appointed to a job in which he/she is #4 in the line of succession to the Presidency?

Yes, the same way a citizen who is not born in the U.S. may serve in cabinet, as Speaker, President pro tem, etc. They are passed over to the next qualified person in the line, should it necessitate. This is why Kissinger and Albright were able to serve as SOS.

46 posted on 11/26/2008 10:21:39 AM PST by MozarkDawg
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To: mockingbyrd
It sure looks like a brilliant Rahm/Obama slick tactic of a move. Obama is a Constitutional Lawyer. I think he appointed her to make him look good and appease her so she would not attack him (REMEMBER THE LATimes not releasing the tape from anonymous source)

She won't be appointed due to this but Obama sure looks good huh?

47 posted on 11/26/2008 10:22:34 AM PST by Dubya-M-DeesWent2SyriaStupid!
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To: Jay777

[[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 ]]

Clearly SHE is barred from accepting hte position- Note very carefully that the constitution states “during the Time for whi HE was elected”- It makes NO mention of a SHE- only a HE- so therefore, Women obviously are barred from office


48 posted on 11/26/2008 10:26:49 AM PST by CottShop
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To: r9etb
The second clause says nothing more than that Hillary can't remain in the Senate if she takes the SoS job.

Not quite.

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 ... or the Emoluments whereof shall have been increased during such time;

If I'm reading Sen. Byrd correctly, he objects because the pay for the office of SoS increased WHEN CLINTON WAS SITTING AS SENATOR, voting the increase. When was the last time an increase was approved by the Senate? Did she, in fact, vote on the measure? Byrd is also pointing out that back in '73 the very situation occurred, simply lowering the pay was an obvious end-run around the Constitution.

NO EX-POST FACTO, it doesn't matter that the guy gets less money, the Constitution is very specific as regards here.

49 posted on 11/26/2008 10:34:32 AM PST by MozarkDawg
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To: weegee
Does this mean no currenly members of Congress can be appointed any civil office?

No, only those civil offices which were created during their tenure in Congress.

50 posted on 11/26/2008 10:37:08 AM PST by MozarkDawg
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To: MozarkDawg
Not quite.

My "second clause" would probably correspond to your third: she couldn't stay in the Senate if she accepted the SoS job.

51 posted on 11/26/2008 10:57:42 AM PST by r9etb
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To: r9etb
My "second clause" would probably correspond to your third: she couldn't stay in the Senate if she accepted the SoS job.

That's a given -- my point is what I believe Byrd is making, that during her tenure, she voted an increase to the SoS salary and therefore is no longer Constitutionally eligible to that post, or any other for which she has voted a salary increase.

52 posted on 11/26/2008 11:01:41 AM PST by MozarkDawg
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To: Jay777

Ya know what on second thought it is the clintons and Obama they will do whatever they want.


53 posted on 11/26/2008 11:06:15 AM PST by Dubya-M-DeesWent2SyriaStupid!
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To: MozarkDawg
that during her tenure, she voted an increase to the SoS salary and therefore is no longer Constitutionally eligible to that post, or any other for which she has voted a salary increase.

Neither she nor any other senator or congressman voted on the increase. It was done by executive order from President Bush, which I guess he can do because it's the executive branch.

54 posted on 11/26/2008 11:15:52 AM PST by Bubba Ho-Tep ("More weight!"--Giles Corey)
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To: Bubba Ho-Tep
Neither she nor any other senator or congressman voted on the increase. It was done by executive order from President Bush, which I guess he can do because it's the executive branch.

Well, I suppose someone would attempt to push the technicality that the increase came about under her tenure, but if this is the case, EO, then I don't believe she should be disqualified, as she herself did not vote on an increase for a job for which she is now being considered.

55 posted on 11/27/2008 8:43:31 AM PST by MozarkDawg
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