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Thursday, December 4, 2008

Clinton and the Emoluments Clause


(Click to enlarge)

There is an interesting article about the appointment of Hillary Clinton as Secretary of State located here:

The Volokh Conspiracy: Clinton and the Emoluments Clause

Apparently, if an executive branch job has had a salary or benefit increase during the time period in which a Senator or Representative was elected to serve, that Senator or Representative is not eligible to serve in that executive capacity within the same term (because it was Congress which voted to approve said pay raise or benefit).

Here is a link to the relevant part of the Constitution. The Law reads:

U.S. Constitution - Article 1 Section 6

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.

Because Congress approved a pay increase for the Secretary of State during Hillary's term, she is not eligible - under the Constitution - to be appointed to that position.

Let's be honest, Democrats will work in tandem with the liberal media to label this law as "obscure," say it doesn't matter, suggest that she can simply not take the pay increase and avoid legal concerns entirely, or just flat out ignore the concern and the law all together. Who's to stop them?

People closed their eyes to the various reasons Obama was ineligible to be elected, why wouldn't they do the same for his cabinet appointments?

Constitutional lawyer indeed!

The same exact sneaky, behind-closed-doors, misdirection tactics used regarding Obama’s natural born status and his violation of Illinois state law (when he accepted payment for his speeches while serving as a US Senator) are being used here. The natural born issue, the violation of state law issue and this issue all get swept under the rug and no one seems to care.

When does American discontent with George Bush cease to be the sufficient and solitary reason for giving Obama a free pass? When will America hold Obama to the same standards of law, conduct, and ethics as every other politician? I'd like to hear your opinions.
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