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Appointment of Hillary Clinton as SOS is a violation of the Constitution; Art.1 Sect. 6
The Constitution of the United States of America

Posted on 12/01/2008 9:56:48 PM PST by onemom

U.S. Constitution - Article 1 Section 6

Article 1 - The Legislative Branch Section 6 - Compensation paragraph two 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."


TOPICS: New York; U.S. Senate
KEYWORDS: appointment; barrackobama; clinton; constitution; hillaryclinton; obamatransitionfile; unlawful
It appears that Barrack Obama, himself a constitutional lawyer, is (perhaps again) violating the constitution by appointing Hillary Clinton as Secretary of State while she is still the Senator of New York?
1 posted on 12/01/2008 9:56:49 PM PST by onemom
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To: onemom

I didn’t know the office of SoS was created during such time that Hillary was a senator.


2 posted on 12/01/2008 9:58:21 PM PST by Darkwolf377 (Atheist Pro-Lifer)
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To: Darkwolf377
...or the Emoluments whereof shall have been increased during such time;

The pay of SOS is higher than that of a senator.

3 posted on 12/01/2008 10:01:25 PM PST by mountn man (The pleasure you get from life, is equal to the attitude you put into it.)
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To: mountn man

She needs the money to pay for upkeep on all those burial plots for the departed enemies.


4 posted on 12/01/2008 10:04:01 PM PST by Darkwolf377 (Atheist Pro-Lifer)
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To: mountn man
It may have been that she voted to increase the pay of the SOS.
5 posted on 12/01/2008 10:11:17 PM PST by Razz Barry (Round'em up, send'em home.)
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To: onemom
It appears that Barrack Obama, himself a constitutional lawyer, is (perhaps again) violating the constitution by appointing Hillary Clinton as Secretary of State while she is still the Senator of New York?

She resigns from Senate. She gets appointed SOS. What's the problem. It was only an announcement that she would be. Obama can appoint no one today - only technically indicate his intentions to do so once he is sworn in.

6 posted on 12/01/2008 10:15:19 PM PST by gogov
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To: Darkwolf377

It’s the OR part. The salary of the SoS went up while Hillary was a senator; therefore she cannot be considered for SoS. It was to prevent people from seeking higher office that they, in a lower office, gave a pay raise to.


7 posted on 12/01/2008 10:20:29 PM PST by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: gogov

No. The salary increased while she was/is a sitting senator.


8 posted on 12/01/2008 10:21:43 PM PST by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: gogov

The SoS office received a pay raise during her term in the Senate. That’s what at issue. The intent of the Article was to avoid a politician creating an office for himself, or voting on a raise for one that he then moves into.

But not to worry - the Constitution is being re-written by the hour as Obama approaches the office. A year from now it will have as much standing as the one Hugo Chavez ignores.


9 posted on 12/01/2008 10:26:38 PM PST by oldbill
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To: onemom

In 2000 Bush and Cheney both were residents of Texas when they formed the Bush-Cheney Ticket which would have been a violation of Art. I Sec II of the Constitution upon their election.

However, that was fixed by Cheney switching his voting registration to Wyoming.

Obama and Clinton will also find a way to fix this problem.


10 posted on 12/01/2008 10:35:11 PM PST by trumandogz (The Democrats are driving us to Socialism at I00 MPH -The GOP is driving us to Socialism at 97.5 MPH)
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To: Secret Agent Man
I see now, thanks.

I dunno, it doesn't seem like this kind of thing is very newsworthy. Didn't this election just change the definition to what our country is and how it's run to "However we FEEL like it right now"?

11 posted on 12/01/2008 10:59:30 PM PST by Darkwolf377 (Atheist Pro-Lifer)
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To: trumandogz

It makes me wonder if the One could be making some appointments with the intention of firing them at a later date......here , he pries Hillery out of her senate seat, then dumps her out in the alley behind the white house six months downrange.....LOL !


12 posted on 12/01/2008 11:00:16 PM PST by KTM rider (keep thy powder dry, gird thy loins, and brace for the winds of change)
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To: onemom; All

She hasn’t been “appointed” .. only nominated. Once her nomination is confirmed - she can resign her senate seat the same day.

This is making a mountain out of a mole hill.


13 posted on 12/01/2008 11:00:44 PM PST by CyberAnt (Michael Yon: "The U.S. military is the most respected institution in Iraq.")
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To: onemom

You think this ‘issue’ is going anywhere when the issue of Comrade 0bama’s birth certificate isn’t?

You’re funny, Mom.


14 posted on 12/01/2008 11:25:25 PM PST by mkjessup
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To: gogov
I looked at this thread late last night and my reaction was the same as yous. This morning I reread the article and this is the key phrase applicable to a potential resignation:

"during the Time for which he was elected,"

Resignation does not alter the time period for which Clinton was elected.

Maybe they will argue that it is not applicable because it only applies to a "he" and not to a "she".

15 posted on 12/02/2008 7:37:21 AM PST by Michael.SF. ("They're not Americans. They're liberals! "-- Ann Coulter, May 15, 2008)
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To: onemom

The issue seems to be if pay for Secretary of State was increased during Clinton’s term as senator- which can be easily remedied by reducing the pay to what it was before.


16 posted on 12/02/2008 5:05:18 PM PST by dbz77
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To: oldbill
But not to worry - the Constitution is being re-written by the hour as Obama approaches the office.

The Constitutional lawyer Barry Sotero, AKA Barak Obama, AKA Zero ...

believes in a 'living Constitution'. Therefore the documents isn't worth the paper it isn't printed on.

"We don't need no stinkin' Constitution!"
17 posted on 12/02/2008 5:40:58 PM PST by K-oneTexas (I'm not a judge and there ain't enough of me to be a jury. (Zell Miller, A National Party No More))
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To: Congressman Billybob

Ping.


18 posted on 12/02/2008 5:44:05 PM PST by OKSooner
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