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  1. #1
    Terminator's Avatar
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    Is Clinton barred from State job?

    Pete Williams of NBC raised the question on MSNBC this afternoon: Is Hillary Clinton barred by the Constitution from accepting the post of secretary of state?

    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.

    That being said, this development may make Obama, or Clinton, think twice about the appointment.

  2. #2
    Jks9199 is offline The Reason People Hate Cops & Causer of War
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    Well, it might make Obama think twice about it...

    You know that the Clintons don't feel that the Constitution (and any other law) really applies to them, anyway...
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    I bet anything that it wont change the nomination, its politics as usual for them.
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  4. #4
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    I believe that means that a member of the House or Senate may not be appointed to a position in addition to their elected position. Moot point when she resigns from the Senate.
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    Quote Originally Posted by BigDawg View Post
    I bet anything that it wont change the nomination, its politics as usual for them.
    Agreed.

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  6. #6
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    No Senator or Representative shall, during the Time for which he was elected


    I read that to mean that she cant accept the job during the time she is to be senator, even if she resigns. If she has two more years as Senator then she cant be appointed for the position for two more years period. It says nothing that they can resigns then take the job, it says they cant do it during the time for which they were elected.

    But again it wont matter to them, and they will see it gets done anyway.
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  7. #7
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  8. #8
    Jks9199 is offline The Reason People Hate Cops & Causer of War
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    Regarding the salary issue...

    Apparently, it's come up before, under various previous administrations. The solution is to drop the pay back to the "old" level, apparently.

    The argument about the first part is more interesting... but I don't think it works. I think it's pretty clearly restricted to newly created offices or offices where you've had an opportunity to vote yourself a pay raise before taking it.
    Voting against incumbents until we get a Congress that does its job.

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  9. #9
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    Quote Originally Posted by Terminator View Post

    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.
    The framers intent was to make it impossible for a Senator or Congressman to vote to create themselves a job.

    The Secretary of State existed well before Clinton was in office.

    As to the pay issue, someone covered that. She keeps the old pay for Secretary of State, not the pay raise which may have occurred while she was in office.

    I'm about as anti-Obama as they come, but these sort of arguments make conservatives look like the anti-Bush clowns we've all been rolling our eyes at for eight years.
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  10. #10
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    See ya, hellery, on behalf of all New Yorkers, Don't let the door hit you in the Arse!

    POS wanted to thank fellow native New Yorkers, first off you are not and never was a New Yorker, second of all, all you did for the past few years is still a salary from the entire state of NY. Yes you had plenty fooled, that is the fools who voted you in! You only used NY as a stepping stone, you always had your eyes on DC, now enjoy, good buy, good riddance, you useless POS!

    My sympathy to my Fellow Americans on her appointment though. Hopefully every watch dog will have their eyes on her and she is watched very closely!

 

 

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