Posted on 11/25/2008 3:13:00 PM PST by Steve Schulin
Article 1 Section 6 Part 2 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.
Since the Senate raised the compensation of Sec of State in January this prevents Hillary Clinton from constitutionally accepting the post.
Personally, however, I feel that this is being thrown out in the media to divert from the real issue of Obama's lack of natural born citizenship. Futhermore, does anyone else feel that this whole Office of the President elect stuff is going way overboard. He gives these presidential news conferences like he is already in power.
I thought Bambi was a Constitutional Law Professor, how can he mess this up?
“He gives these presidential news conferences like he is already in power.”
Yeah, it’s a bit much. But Obama’s ambitious, you know. He can’t take it easy while the people are weeping.
So long as he doesn’t go overseas and start cutting deals, I’m okay with it.
After she gets approved by the Senate she will resign from the Senate and then be sworn in. No conflict there at all.
I’m not sure what your issue is here.
She can resign her Senate post as she accepts the new one.
“I thought Bambi was a Constitutional Law Professor, how can he mess this up?”
Maybe because they spend all their time on penumbras, the Hague, and Scottish common law in law school these days.
So does this mean that no Congress-person can take a cabinet position if the pay was increased while they served? That would get in the way of several appointments I think.
definition of emolument:
Compensation received by virtue of holding an office or having employment (usually in the form of wages or fees)
The phrase “during the time for which he was elected” seems to preclude that.
If so, then Clinton would not be eligible until her normal term is over, and resigning mid-term is not good enough?
-PJ
When you resign, you are no longer “elected.”
When you quit your job, are you still working there?
The O is so much smarter than you....give up.
Except that this particular pay raise was an executive order from President Bush. There was no vote.
REALLY??? ARTICLE 2 of that PESKY ole CONSTITUTION because .... THIS IS MORE IMPORTANT ...
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
No, but if I had a 6 year contract, I’d be quitting before the time for which I was hired.
That's right and things like this have been going on since the beginning.
In the old days, Senators like Webster, Clay, and Calhoun left Congress to enter the cabinet and got their jobs back at the next elections after they left the cabinet. State legislatures chose Senators in those days and so long as legislators kept their seats, they'd be loyal to their state's "big man."
So, , , let her resign and then he can appoint her. OR BETTER YET, let her resign and he can go on to someone else. Yeah!
Excuse me, I have been spending too much time on the doom and gloom forums.
I thought emolument was like hand lotion or lanolin. Stuff that softens your skin, y’know?
I don’t think this argument holds water.
The appointment is not completed until the Senate advises and consents. And the advise and consent of the Senate will not be granted without the resignation being complete before she assumes the office.
Hussein will give Constitutionalists plenty to bitch about in the next four years, but this isn’t one of those instances, imntbho.
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