Monday, December 01, 2008
This Friday, the U.S. Supreme Court will review whether Barack Obama is constitutionally eligible to become the next president.
But that's not the end of it... Hillary Clinton cannot be Secretary of State neither, according to the Constitution.
Founding Fathers included clause that prevents Clinton appointment
The constitutional quandary arises from a clause that forbids members of the Senate from being appointed to civil office, such as the secretary of state, if the "emoluments," or salary and benefits, of the office were increased during the senator's term.
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."
Clinton's current term in the Senate, the salary for Cabinet officers was increased from $186,600 to $191,300. Since the salary is scheduled to again be raised in January 2009, not only Clinton but all sitting Senate members could be considered constitutionally ineligible to serve in Obama's Cabinet.
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Topic: What a Mess! (Read 925 times)