Hillary Constitutionally barred from Sec. 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 increased (They were last year) 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."

http://marcambinder.theatlantic.com/...om_state_j.php

Re: Hillary Constitutionally barred from Sec. of S
 

Baron, what is the reason for this statute?

Re: Hillary Constitutionally barred from Sec. of S
 

Wow.

Re: Hillary Constitutionally barred from Sec. of S
 

It appears that Obama and Clinton couldn't care less what the Costitution says.

Re: Hillary Constitutionally barred from Sec. of S
 

I guess so, anyway it is good to see you posting again. You were missed.

Re: Hillary Constitutionally barred from Sec. of S
 

That is the US Constitution, do we need to know the reason they put it in place or should we obey the document that was set in place to govern this land.

Re: Hillary Constitutionally barred from Sec. of S
 

Thanks. Goofing off tonight but I have another bar exam to prepare for so I am not sure how much time I will spend on here over the nect couple of months.

Here is what Obama must think of the Constitution.

Re: Hillary Constitutionally barred from Sec. of S
 

Maybe they don't know about that part.:christmoose

Re: Hillary Constitutionally barred from Sec. of S
 

uuuuuummmmmm... yes, we need to know the reason they put it in place.

Re: Hillary Constitutionally barred from Sec. of S
 

Ummm no we don't. The reasons they put it there could have been different for any number of those who voted for the inclusion of the clause. As Justice Scalia will tell you Legislative intent is irrelevant, what does the text say.

Some may have wanted it to keep Senators from serving in dual posts while others may have wanted it to keep them from creating positions and raising the pay and taking an appointment.

The fact is the Constitution says you can't do it, to do so is a clear violation.

Re: Hillary Constitutionally barred from Sec. of S
 

Justice Scalia ---

It may seem that there is no harm in using committee reports and other such sources when they are merely in accord with the plain meaning of the Act. But this sort of intellectual piling-on has addictive consequences. To begin with, it accustoms us to believing that what is said by a single person in a floor debate or by a committee report represents the view of Congress as a whole—so that we sometimes even will say (when referring to a floor statement and committee report) that “Congress has expressed” thus-and-so. . . . There is no basis either in law or in reality for this naive belief. Moreover, if legislative history is relevant when it confirms the plain meaning of the statutory text, it should also be relevant when it contradicts the plain meaning, thus rendering what is plain ambiguous. Because the use of legislative history is illegitimate and ill advised in the interpretation of any statute—and especially a statute that is clear on its face—I do not join this portion of the Court’s opinion.

Re: Hillary Constitutionally barred from Sec. of S
 

Regardless of the "reason", the precedent has already been set. In 1909, a Senator was appointed as Attorney General. The salary increase was temporarily reduced in order to accomodate the President's appointee.

This is really not a big deal-- they just need to adjust her pay.

The big deal would be if the Senate ignores this inconvenient truth. After all, they are the ones to confirm or deny the President's Appointments.

Re: Hillary Constitutionally barred from Sec. of S
 

You have a reference for that? The first I know of was in 1973, and it is clear in retrospect that Nixon had no regard for the laws.

Re: Hillary Constitutionally barred from Sec. of S
 

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


Check out page 87.

Re: Hillary Constitutionally barred from Sec. of S
 

Not pg 87.

Re: Hillary Constitutionally barred from Sec. of S
 

I apologize.



In my PDF reader, it shows the page number as page 87 of 374.

The physical page is 141.

Or you can do a search of the document using, "1909".

Hope that helps.

Re: Hillary Constitutionally barred from Sec. of S
 

Hey Barron where were you when the Bush & Chinny chin chin were elected as Prez and vice prez. Doesn't the constitution say both can't be from the same state?

Old chinny chin chin just said I am from Montana even though that was a lie.

Re: Hillary Constitutionally barred from Sec. of S
 

Baron, I just saw this. Are you serious or just a bit stressed out? :) I was asking a legitimate question to you as an attorney. I simply wanted to know the purpose of the statute. I did not make any sort of comment or inference beyond that. Sometimes we get so caught up with our "teams" that we automatically see everything as a challenge...and incidentally, yes I do believe that statutes should be reasonable and we should be able to know the reasoning.

Re: Hillary Constitutionally barred from Sec. of S
 

Goodness...with that mentality women would have never gotten the vote!

Re: Hillary Constitutionally barred from Sec. of S
 

This is from Section 1, Article 6 of the US Constitution - Just posting this in case the reference has not been posted.

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...

I don't usually read MSNBC news but I did read this article.

http://firstread.msnbc.msn.com/archi...5/1688640.aspx

Re: Hillary Constitutionally barred from Sec. of S
 

Baron first of all it's good to see you posting again. You were missed around here during the election. You always spice it up and make it a lot of fun.

That said, I'm glad to see your concern for the Constitution is back in tack after defending the Bush administrations unconstitutional wire tapping. Glad to see you've found your voice on important constitutional issues like whether Hillary Clinton can be appointed Secretary of State. :santathumb

Re: Hillary Constitutionally barred from Sec. of S
 

Just saw a report about this and they say it's not an issue. Yes, it's in the Constitution, but it's been run into before (in the Ford administration and others) and there are ways to rig the salaries so that it conforms to the law.

P.S. ok, sorry, i just went and read some of the previous posts and see this has been addressed already. sorry.

Re: Hillary Constitutionally barred from Sec. of S
 

Aw man ... you got him now counselor ... let's impeach the President-elect ...Yawn.



When will this madness end????


You guys don't give up do you ... this issue is as old as CC1.

It's been maneuvered around by sitting Presidents and incoming ones (Republicans and Democrats alike) with what is called the Saxbe Fix


Some info:In James Madison's notes at the 1787 Constitutional Convention, there was fear of members of Congress creating new jobs or giving raises to existing jobs, and then taking them for themselves. Madison viewed creation of offices and increase of salaries as one of the greatest fears of corruption of legislative service. Madison originally proposed a one-year ban on such service, but it was passed in its current form without a time consideration.[2] Corruption like that previously seen in the British Parliament was a consideration during debate by the framers of the Constitution.[3]While this fix is named after Saxbe, it had been used before, on February 11, 1909, when United States Senator from Pennsylvania Philander C. Knox was picked by President Taft to be Secretary of State. At the time, the United States Senate Committee on the Judiciary determined the remedy of resetting the salary to its pre-service level, and the whole Senate passed it unanimously.[4][edit]


Legality-Some legal scholars do not believe that the Saxbe fix addresses the constitutional problem. Because the language of the rule is an absolute prohibition, Michael Paulsen, a Constitutional law expert, said that:
A 'fix' can rescind the salary, ... but it cannot repeal historical events. The emoluments of the office had been increased. The rule specified in the text still controls.



Recent examples: 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.[6] Saxbe had been a Senator in 1969 when the Congress passed a pay increase from US$35,000 to $60,000 for Cabinet members.[7] 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.[8]Jimmy Carter used the fix to appoint Edmund Muskie as his Secretary of State after Cyrus Vance resigned following Carter's attempted military rescue of U.S. hostages in Iran.[6] However, during the Ronald Reagan administration, the solution was deemed inappropriate for the appointment of Orrin Hatch to the United States Supreme Court in June 1987 after Congress had approved $6,000 pay raises for Supreme Court Justices in February.[9][10][11][12] Hatch had been on the short list of two finalists with Robert Bork, but after Bork was rejected and the Ineligibility Clause had been brought to light he was no longer under consideration. Thus, Bork, Douglas Ginsburg and Anthony Kennedy were subsequently nominated.[10]The issue came up again when as he was leaving office, President George H.W. Bush approved a Saxbe fix so that Lloyd Bentsen could move from the Senate to take the job of Treasury Secretary during the Bill Clinton administration.[13] Ten Democratic Senators voted against the most recent use of the ploy on constitutional grounds, including current Senator Robert C. Byrd of United States Senator from West Virginia (the only remaining Senator currently serving). Byrd explained his position at the time: "we should not delude the American people into thinking a way can be found around the constitutional obstacle.

The logic behind objections to the Saxbe fix is that an increase and offsetting decrease are still unconstitutional, but the common interpretation that has traditionally carried the majority is that the legislative intent was that net increases are the relevant consideration.[8]

Source: http://en.wikipedia.org/wiki/Saxbe_fix

Re: Hillary Constitutionally barred from Sec. of S
 

DA is here, ALL RISE!

Re: Hillary Constitutionally barred from Sec. of S
 

Light on the facts.

Cheney is from Wyoming.

Re: Hillary Constitutionally barred from Sec. of S
 

The president is constitutionally bound to protect Americans. The wiretaps weren't unconstitutional. Your grandma sharing her sweet potato casserole over the phone was not intercepted. There is no evidence that abuse of power took place here. There is much evidence that the wiretaps averted terrorism.

Re: Hillary Constitutionally barred from Sec. of S
 

Wikipedia says it, that settles it.

Re: Hillary Constitutionally barred from Sec. of S
 

To me it would be conflict of interest....

Re: Hillary Constitutionally barred from Sec. of S
 

DA, good to see you and thanks for the info. That's all I was asking in my original post.

Re: Hillary Constitutionally barred from Sec. of S
 

DB, like I've told others, I realize that many of you all are willing to cede your 4th amendment rights to warrantless wiretaps. I, however, am unwilling to do so.

I'm not ready to trod all over my constitutional rights so the government can dodge having to go to court with specific evidence in order to tap phones. Imagine that, having to go before a federal judge and actually present evidence to gain a warrant and do it legally! What a concept!

Re: Hillary Constitutionally barred from Sec. of S
 

Do a little research Chinnie chen chen shoot em in the face residence was in Texas. He had a place that was not his residence in Montana. He just lied and said his was Montana but facts don't matter to republican politicians. :gotcha

Re: Hillary Constitutionally barred from Sec. of S
 

You're a heavy hitter Blight

Re: Hillary Constitutionally barred from Sec. of S
 

Ed Muskie went directly from the Senate to Sec of State when appointed by Jimmy Carter in 1980.