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Kuros
Joined: 27 Apr 2004
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 Posted: Tue Nov 25, 2008 7:06 pm Post subject: Is Clinton Constitutionally barred from becoming SecState? |
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Clinton's Constitutional Quandry
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| The Founding Fathers wrote: |
Article One, Section Six of the U.S. Constitution:
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. |
Essentially, you cannot take a job if the salary was increased during your current congressional term. And the salary for cabinet officials has gone up in the past year. Even if it is lowered back down, constitutional scholars say that may not be enough to fix the problem.
The question is whether this would be an issue at confirmation - if Clinton is nominated to the post - and who would raise it. Senators traditionally grant their colleagues some deference and it could be considered politics at its worst if Republicans try to block her nomination with this argument. |
This is a very interesting academic issue. But I seriously doubt anything will come of it.
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| But senators may be loathe to vote for something scholars tell them is unconstitutional. |
ROFLMAO. Ha ha, ho ho, hee hee. *wipes a tear from eyes* Oh, that's a good one. |
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bacasper
Joined: 26 Mar 2007
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| Posted: Tue Nov 25, 2008 7:23 pm Post subject: Re: Is Clinton Constitutionally barred from becoming SecStat |
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| Kuros wrote: |
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| But senators may be loathe to vote for something scholars tell them is unconstitutional. |
ROFLMAO. Ha ha, ho ho, hee hee. *wipes a tear from eyes* Oh, that's a good one. |
 Yeah, that is pretty funny!
But it may just be a nice, non-partisan way to keep her out of the position. |
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Jandar
Joined: 11 Jun 2008
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| Posted: Wed Nov 26, 2008 5:02 pm Post subject: |
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I'm sure there is plenty of precedence for the appointment of Senators and Congress Members to Cabinet Positions.
Whether the SJC would hear the argument is another issue.
This is where one would use a Ron Paul or Dennis Kucinich to raise the issue. |
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Milwaukiedave
Joined: 02 Oct 2004
Location: Goseong
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| Posted: Wed Nov 26, 2008 7:07 pm Post subject: |
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| I don't think so either Kuros. If Obama really wants Clinton as SoS, then Congress will waive the requirements or change the pay to make it a moot point. |
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pkang0202
Joined: 09 Mar 2007
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| Posted: Wed Nov 26, 2008 8:13 pm Post subject: |
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I think the Republicans won't make an issue out of it. They are busy licking their wounds and trying to regroup. The last thing they need is to antagonize the US public by resisting Obama so early.
Plus, Clinton isn't a bad choice. There are other people Obama can pick that that the Republicans are loathe of. |
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