THOUGHT FOR THE DAY!

"We are entering a new phase in human history -- one in which fewer and fewer workers will be needed to produce the goods and services for the global population."-- Jeremy Rifkin, economist

 

Hillary Should Quit!

Politics surely makes for strange bedfellows. President-elect Barack Obama will officially announce on Monday his choice of New York Senator Hillary Clinton as his Secretary of State, a position that will make her the nation's, and the world's, top diplomat. It's an appointment that for some comes as no surprise, as some sort of Obama/Clinton marriage always seemed inevitable. But to others, this decision is sure to be truly unfathomable.

Webmaster's Commentary: 

Also unconstitutional.

Article One, Section Six of the U.S. Constitution says:

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. But senators may be loathe to vote for something scholars tell them is unconstitutional.

But the moment Obama makes the nomination, he violates the Constitution.

Comments

PRECEDENTS FOR CLINTON'S APPOINTMENT

BenE

PRECEDENTS FOR CLINTON'S APPOINTMENT:

In 1909, after having increased the salary of the Secretary of State,(459) Congress reduced it to the former figure so that a Member of the Senate at the time the increase was voted would be eligible for that
office.(460)

(459) 34 Stat. 948 (1907).
(460) 35 Stat. 626 (1909). Congress followed this precedent when the President wished to appoint a Senator as Attorney General and the salary had been increased pursuant to a process under which Congress did not need to vote to approve but could vote to disapprove. The salary was temporarily reduced to its previous level. 87 Stat. 697 (1975). See also 89 Stat. 1108 (1975) (reducing the salary of a member of the Federal Maritime Commission in order to qualify a Representative).

http://www.gpoaccess.gov/constitution/pdf2002/011.pdf

There has even been a case before the Supreme Court on this question.

In Ex parte Albert Levitt, 302 U.S. 633 (1937), the Court declined to pass upon the validity
of such an appointment in a case concerning the appointment of Justice Black to the Court.

http://www.gpoaccess.gov/constitution/html/art1.html

The INTENT of the Constitutional provision is to prevent a sitting member of Congress from using his position to get his colleagues to provide him with a cushy sinecure.

For over a century, there has been a consensus that the provision must be interpreted broadly and not used to block appointments where there is no corruption involved.

In any case, as attorney and politcal analyst Jeffrey Toobin pointed out on CNN, the Courts will not block such an appointment if the Senate gives its confirmation and there is no outright corruption. This was shown in the case of Justice Black's appointment.

the moment Obama makes the nomination, he violates the Constitut

chillyphantom

What Constitution?

Bush has already neutered the Constitution. And he's said on more than one occasion (right or wrong) it's just a god damn piece of paper.

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