Does anyone care that Hilary Clinton's nomination for Secretary of State is unconstitutional?
The second clause of Article 1, Section 6, of the Constitution reads, "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."
emoluments - pay benefits etc.. pay for cabinet members has gone up while she has been a senator therefore she is ineligible for the position according to the constitution.
If i am misreading this or don't have all the info please point me in the right direction.
The wording from the constitution states "during the Time for which he/she was elected" since her term is not up she clearly falls into this even if she resigns.
FYI Baker was already out of office when selected to be Cheif of Staff.
senator from 1967-1985, COS 87-88.
I will also add that in the couple times this has happened the person taking the post simply took the pay that was in place when they were elected to congress. That doesn't mean it is constitutional. And I am sure that is not what the writers meant when they put it there in the first place.
I will also add that I feel she would do a great job whether or not I like her. I think she has tons of experience, I don't feel like this is the "CHANGE" we have all heard about. My question is not poised at how good a job she will do but whether or not it is RIGHT.