This post will give all the mental midgets something to bitch about for years to come. As soon as the Repubs realize this they will be on every talk show in a partisan way. So much for the much coveted bi-partisanship. I offer this political fodder for those scratching their heads.
According to the Constitution Section 6:
[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, shall be a Member of either House during his Continuance in Office.
So since the pay of the Secretary of State was increased last year and Sen. Clinton was a member of Congress at the time, then she should be unavailable to be offered or to accept the position of Secretary of State.
Question? Was not Obama a professor of Constitutional law? Should he know better?
Thoughts?
I agree it is a clear violation of the Constitution. This clause is meant to prevent Senators from creating positions, or increasing the pay of a position they will take. She could take the position had the emoluments not been increased while she was serving as Senator. However, since they had, she can’t take the office, even if they pay was reduced to the previous pay. This clause was put in place to avoid the lure of patronage.
Hello John and thanx for the comment…but I am still amazed that more people have not brought this to the attention of the public…I tried…but not much success.
Hi Lobotero, I’m just seeing this post of yours now. Yep, it IS a violation of the Constitution. Very interesting that Obama either did not/does not realize this, OR he’s just hoping this one will slip through the cracks?? Hmm…
What surprises me is that I have not heard any of the Conserv mouthpieces say anything yet.
That does surprise me, too. I wonder if they’re just not “aware” of this? They’re not often the sharpest pencils in the box, ya know… 😉
So true….but they jump on the constitution for guns and free speech and such….you would think they would be all over this…
http://en.wikipedia.org/wiki/Saxbe_fix
This issue has come up in previous Presidential administrations.
From wikipedia:
“United States President Richard Nixon wanted to appoint Saxbe as the United States Attorney General from his position as a United States Senator from Ohio following the firing of Elliot Richardson in the Saturday Night Massacre in 1973.Saxbe had been a Senator in 1969 when the Congress passed a pay increase from US$35,000 to $60,000 for Cabinet members. Congress eventually allowed the appointment when it accepted Nixon’s request to lower the attorney general’s salary to its pre-1969 level. Saxbe went on to serve as Nixon’s fourth and final Attorney General.”
Hello Robert and thanx for the comment…I have heard this and the lowering of pay so that the person can take the position, but I am still wondering why the Conserv Right has not been more vocal on this…there is an extreme dislike for anything Clinton…just wanted to know where the opposition is.
Yes it is a little interesting considering how loud they were during the election. I did hear a promo on CNN for the story today. The conservative right is probably just taking a wait and see approach. There’ll be plenty of opportunities for mistakes in the next four years. I’m sure they’ll be ready to pounce.
Yep, the media is just waiting for the first gaff and then they will definitely pounce. But so far I have not heard any pundits or mouthpieces mention the constitution thing….the WSJ had a piece in it a day or so ago…but still nothing that I have heard….If Obama had made an appointment of a staunch anti-gun person…the constitution would be all they talked about…..I find it interesting….
After discovering that Hillary was not Constitutionally qualified for the Secretary of State job because the salary of the secretary of State was raised while she was in the Senate, Congress and President Bush passed a bill lowering the Secretary Of State’s salary. There will likely be a federal lawsuit. I wonder if John Kerry will be the plaintiff?
This happens just about every election cycle. nothing new. no conspiricy. no plot. move on.
Hi Chris thanx for stopping by…you are completely right…there is nothing to this…I posted it to see just how far the conspiracy people wanted to take it….I do enjoy agitating as much as I can….stop by often always glad to have others input.
Since your topic seems more general than the particular subject you seem to be addressing here, ill begin with no taxation without representation. Not allowing any repuiblicans in private closed door session to inact a healthcare bill which will force be to be on is unconstitutional, not to mention creating a national database with my personal private medical records for whomever to look at also unconstitutional. Obamas invovment in the affairs of private businesses, i.e. the hiring and firing of people, deciding who get paid what and when, UNCONSTITUTIONAL.
wake up people look past your noses, or at least read the constitution, this man is dismantiling
Glenn thanx for stopping by….I always enjoy a good exchange……
“wake up people look past your noses, or at least read the constitution, this man is dismantiling”…….an excellent statement….but most people had rather have someone else read it and tell them what says…….The problem is Obama is not alone….many of our politicians stand on the Constitution as long as it reinforces their ideas and ignore it when it does not……I have often said…..it is either “ALL IN OR ALL OUT….when it comes to the Constitution……
Your statement ” ALL IN OR ALL OUT” is never going to be the case. The masses will always need to be rallied, and unfortunatley today vote in favor of their pocketbooks. I replied primarily becasue it seemed that you were agreeing with a conspiracy theory about obama violating the constitution, and your right its not just obama. but look at history, im not even sure creating the fed wasnt unconstitutional, there is also some compelling evidence that income taxes are also but its debatable. but beleive me when i tell you what this adminstration and congress are doing is worse than anything in the past, and i could point out alot more that is being done that is unconstitutional, especially when it is suppose to be for the people by the people of the people. Whens the last time you felt that was the case? do you not feel the mood of everything and everyone in the country right now? The oppressed will always feel depressed and we do
Welcome back Glenn….ALL IN OR ALL OUT is just my way of saying that either you go by the letter of the Constitution on EVERYTHING or you do not….but this picking and choosing to suit one’s issues is not helping this country at all….yes there is a feeling of impending doom in this country….but I think it is more because of the jobs thing than the Constitution….
ok i understand your point about the constitution, and to an extent i agree, although i feel there is some wiggle room for interpretation the constitution should be followed literally. and if your looking for interpretation read the federalist papers.
As for the mood of the country and jobs being the cause, i have to disagree there is a massive movement that is barely being covered in the media called tea parties that consist for the most part of people that are employed, just tired of big government and its oppressive tactics. their usually called the silent majority and we are fed up. ill make a few predictions for you 1. in 2010 there will a big change in the house and senate
2. obama will never see a second term
3. the second half of 2010 we will see even worse economic times and inflation will reach levels we havnt seen since jimmy carter.
Hi again Glenn…..I will agree that people are fed up…….so we are saying that people will vote the Dems out….maybe…but what would they get in the place of them? The Repubs have NO answers to the problems real people face…we would trade one elitist group for another……the taxes thing…..very few people in the middle class benefited from the so called tax cuts….and yet this is the same line the Repubs are still using…..that may not be the answer……demand must be created…….tax cuts will nut necessarily create that…if no one has a job…they will not spend and tax cuts will not do it…..The Fed will control the inflation and Bernanke is tap dancing hard to keep it low…..a second term…..all depends on the economy…….