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Legal Group says Clinton can't be Secretary of State

by Albert Milliron | December 4, 2008 at 08:07 am

631 views | 13 Recommendations | 6 comments

Here is an Opinion by Legal Newsline. Politisite is a Conservative but sees the Nomination of Senator Clinton as a Positive Move my the Obama Campaign. There was an issue during the Nixion Administartion over a salary issue. It is Politisite's opinion that President Obama can simply resolve this with an Exexcutive Order. The story is still worth a read.

WASHINGTON (Legal Newsline)-U.S. Sen. Hillary Clinton is constitutionally ineligible to serve as President-elect Barack Obama's secretary of state, a legal watchdog group said Tuesday.

Judicial Watch said the Ineligibility Clause of the United States Constitution says that no member of Congress can be appointed to an office that has benefited from a salary increase during the time that person was in Congress.

The Washington-based group points to a January 2008 Executive Order signed by President George W. Bush during Clinton's current Senate term that increased the salary for secretary of state.

"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 encreased during such time," Article I, section 6 of the U.S. Constitution says.

Obama announced Monday that Clinton, the junior senator from New York, was his pick for secretary of state.

Judicial Watch said former U.S. President Richard Nixon circumvented ineligibility provision after appointing former Ohio Sen. William Saxbe, a Republican, as attorney general.

The Nixon administration was able to get legislation passed that reduced the salary to the level that existed prior to Saxbe's appointment.

Former President Bill Clinton used the so-called "Saxbe Fix," to allow Sen. Lloyd Bentsen, D-Texas, to assume the position of treasury secretary.

"There's no getting around the Constitution's Ineligibility Clause, so Hillary Clinton is prohibited from serving in the Cabinet until at least 2013, when her current term expires" said Judicial Watch President Tom Fitton.

"Barack Obama should select someone who is eligible for the position of Secretary of State and save the country from a constitutional battle over Hillary Clinton's confirmation," he added.

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harringtola

at 11:21 on December 4th, 2008

I think someone is working overtime trying to find a reason why not. That is unfortunate. I really hope he can work around this if indeed it is a legitimate concern. I am not 100% convinced.

Michael Kitowski (not verified)

at 23:12 on December 8th, 2008

The language in the constitution is very clear. Hillary Clinton cannot be Secretary of State during the senate term she was elected for because the position recieved a pay raise during her term. The law states no difference if the pay raise was given by the senate, house or by executive order from the president. There is no provision in the constitution stating that the person may take the position at the previous pay rate.

An executive order over riding this is still unconstitutional. Executive orders are meant to help a situation where a law cannot be passed quick enough to prevent negative consequences to the country. For example, in case of an immediate terrorist threat, the president can issue an executive order to ground all air craft. You have no constitutional right to fly any where. An executive order over riding the constitution however is and should be considered abuse of power.

I personally don't care if Mrs. Clinton is the Secretary of State or the secretary of anything. But, if the constitution can be over ridden by the people sworn to uphold and abide by it, what's the point of having it?

Ainsworth Hunt (not verified)

at 10:20 on December 10th, 2008

According to the Constitution, Hillary can't be appointed to any Civil Office under the Authority of the United States during the Time for which she was elected. The pay raise issue follows the word "or" so even if there was no pay raise, according to Constitutional Law (little detail: it is the law of the land) she cannot be appointed Secretary of State during the time for which she was elected. The language of the Constitution is very clear about this:

Article. 1. Section.6. Paragraph 2: 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 encreased during such time; and no Person holding any Office under the United States,

harringtola

at 21:01 on December 10th, 2008

It appears that the situation has been rectified. It appears that the raise President Bush created for Secretary of State by Executive Order is being reversed by the Senate. There is also a precedent for this actopm from the Nixon administration in 1973 so Sen. William Saxbe, R-Ohio, could become attorney genera.

Update

Shane Seadore (not verified)

at 04:04 on February 26th, 2009

Reversing the raise will not fix the fact that it still violates the Constitution. The Constitution does not allow for the senario of reversing the pay raise. The fact still remains that she was a Senator during the time the emoluments were increased. The Constitution allows for changes to be made. If changes need to be made to the wording of certain parts, the Constitution provides a way to do so. I am shocked by the lack of concern for the document they have sworn to protect and defend. I do not think it is a good idea to follow the example set by the Nixon administration. Nixon did not seem to have a much concern about little things like the law or the Constitution. If we start side stepping the little things we don't like about the Constitution it won't be long before it is a useless document. I am of the opinion that the Constitution was written very carefully and the authors meant every word exactly as it was written.