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."
Re: Hillary Constitutionally barred from Sec. of S
Quote:
Originally Posted by Baron1710
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."
Re: Hillary Constitutionally barred from Sec. of S
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Originally Posted by tstew
Baron, what is the reason for this statute?
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.
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Re: Hillary Constitutionally barred from Sec. of S
Quote:
Originally Posted by Baron1710
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.
uuuuuummmmmm... yes, we need to know the reason they put it in place.
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Re: Hillary Constitutionally barred from Sec. of S
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Originally Posted by scotty
uuuuuummmmmm... yes, we need to know the reason they put it in place.
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.
__________________
"Beware lest you lose the substance by grasping at the shadow." ~Aesop
Re: Hillary Constitutionally barred from Sec. of S
Quote:
Originally Posted by Baron1710
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.
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
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.
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Re: Hillary Constitutionally barred from Sec. of S
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Originally Posted by Jermyn Davidson
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 Presicent'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.
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.
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"Beware lest you lose the substance by grasping at the shadow." ~Aesop
Re: Hillary Constitutionally barred from Sec. of S
Quote:
Originally Posted by Baron1710
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.
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.
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Re: Hillary Constitutionally barred from Sec. of S
Quote:
Originally Posted by Baron1710
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.
Goodness...with that mentality women would have never gotten the vote!
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and all His works must be contemplated with respect."
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.
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