Yahoo Answers is shutting down on May 4th, 2021 (Eastern Time) and beginning April 20th, 2021 (Eastern Time) the Yahoo Answers website will be in read-only mode. There will be no changes to other Yahoo properties or services, or your Yahoo account. You can find more information about the Yahoo Answers shutdown and how to download your data on this help page.
Trending News
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.
11 Answers
- Whatever4Lv 71 decade agoFavorite Answer
It's in the news today. It's happened before, they do the "Saxbe Fix", legislation that rolls back the cabinet salary to where it was before she started serving. Never been tested by the Supremes, but it meets the intent of the framers that Congress couldn't invent positions or jack up the salary, then quit and fill them.
Source(s): http://en.wikipedia.org/wiki/Saxbe_fix - Anonymous1 decade ago
This is silly. All it means is she must resign her senate seat upon being approved by the senate. Senate minority leader Howard Baker of TN resigned his seat to become Reagan's final chief of staff and many sitting senators/congressmen have resigned to accept cabinet positions.
You're right about Baker. My error.
The wording "during the time" means the person may not hold two positions at once. Recent precedent is Congressman Dick Cheney of Wyoming resigning his seat to become Bush 41's Sec'y of Defense and Congressman Les Aspin doing the same for the same post in Clinton's first term.
The Desperation Brigade marches on.
- Anonymous1 decade ago
It's not unconstitutional because she hasn't been appointed yet. She's been selected for nomination. She's not nominated and placed before the Senate until January. At that point, she will have already resigned from her Senate seat. So, it's fully within the rules for her to do so.
- 1 decade ago
I have not read the constitution. But, We all missing a point here. What is best for our Country at this time that we are on a recession as today December 1st, 2008. I am a Independent and My honest opinion if it counts. She will be a great choice as the new Secretary of State
- How do you think about the answers? You can sign in to vote the answer.
- 1 decade ago
Yes! By the way, did you know that Hilary Clinton real middle name is Asis and that on 14356 occasions she voted for invasion of Atlantis?
- stay_fan2Lv 41 decade ago
This is a GREAT question.
So BHO (wasn't he touted as a constitutional law professor at some point in the campaign?) can't read the Constitution? Huh. Imagine that...
BUT
what's even MORE disturbing are the people who say that either it doesn't matter or let's interpret it so it doesn't matter.
Scary days are ahead, folks....
- BobbieLv 61 decade ago
It's a bit convoluted as to if it's actually unconstitutional or not. But it should be looked into.
- Hater PoliceLv 71 decade ago
You are wrong. Clinton is in fact eligible. You need to do more research.
- Anonymous1 decade ago
I am no fan of Clinton or Obama but you are misunderstanding what you are reading
- Anonymous1 decade ago
I do. Paleeeeez throw her out. She is no where near qualified for this!!!!
