Hillary Clinton's Fix (Constitution may bar Hillary as SOS)

[IndianaGreen]

Hillary Clinton's Fix

By Al Kamen

Even if the vetting problems involving former president Bill Clinton's finances can be resolved, Sen. Hillary Rodham Clinton may face another roadblock on her way to the secretary of state's chair.

It's called the Constitution of the United States, specifically, Article One, Section Six, also known as the emoluments clause. ("Emoluments" means things like salaries.) It says that no member of Congress, during the term for which he was elected, shall be named to any office "the emoluments whereof shall have been increased during his term." This applies, we're advised, whether the member actually voted on the raises or not.

In Clinton's case, during her current term in the Senate, which began in January 2007, cabinet salaries were increased from $186,600 to $191,300. This situation has arisen before, most famously in the case called "The Saxbe Fix," but it involves a controversial, somewhat tortured reading of the Sacred Document.

That "fix" came in 1973, when President Nixon nominated Ohio Sen. William Saxbe (R) to be attorney general after the famed "Saturday Night Massacre" during the Watergate scandal. Saxbe was in the Senate in 1969 when the AG's pay was raised.

Congress acceded to Nixon's request to lower the attorney general's salary to its pre-1969 level. Apparently this had been done once before, in 1909, for a senator in line to be secretary of state. And President George H.W. Bush, as he was leaving office, approved a Saxbe fix so that Treasury Secretary Lloyded Bentsen could move from the Senate to take that job.

http://voices.washingtonpost.com/the-trail/2008/11/19/hillary_clintons_fix.html

[joshcryer]

1. No other person gets so much scrutiny, it's amazing, really.

Kerry would have the same problem, but it wouldn't even be discussed.

[ProSense]

3. "Kerry would have the same problem, but it wouldn't even be discussed."

Kerry and his people don't leak information.

Remember "Kerry picks Gephardt"?

[democrattotheend]

7. Actually, Kerry might not have the same problem

Because he was just reelected. So if he was appointed after being sworn in for a new term he might be ok...just the luck of the draw with regard to when he was up for reelection versus Hillary.

[Recursion]

12. Apparently at least 2 people have NT

[Zhade]

16. CNN's not spreading rumors that Kerry's in line for the job.

NT!

[PBS Poll-435]

21. Just what does that have to do with the phony "Constitutional" argument that this idiot is pushing?

:shrug:

[Pab Sungenis]

2. This would bar any current sitting Senator from the Cabinet.

I think it will be adjusted.

[KittyWampus]

4. I am sure the only reason a sitting Senator votes to raise Cabinet salaries is...

oh, how stupid.

[jobycom]

5. I hope they didn't vote to raise the president's or VP's salary.

[redstate_democrat]

9. I don't think it applies to elected officials, just appointments to the Cabinet.

[Lasher]

6. Would that apply since the 110th Congress ends before Hillary would become S of S?

I do believe the Nixon nomination occurred during, and not at the end of, a 2 year peroid like this.

[Kurt_and_Hunter]

15. With that kind of thinking what would the Post have to blather about?

Notice that it's about Hillary though it applies equally to John Kerry who is also a SOS candidate.

But Hillary sells papers.

[Sinistrous]

26. It would not apply to Kerry if he is appointed after his current term expires

at the end of the current session of Congress.

[4lbs]

8. Just have her take the lower salary instead. I'm sure she could survive without that extra $4,700.

n/t

[HughMoran]

11. Hey, quit getting all Occam on us!

Can't you see that making something 100000000x more complicated that it needs to be is a way of life for many?

[Metric System]

10. OH THE DRAMA! I suppose Hillary will be blamed for this latest OMG! moment brought to us by the MSM.

[Zhade]

17. I won't blame her for spreading rumors like CNN.

Just for falling for them.

[Kurt_and_Hunter]

13. Thank God this doesn't apply to John Kerry!

:rofl:

[Sinistrous]

25. You are correct. It wouldn't.

If he were appointed after expiration of the current session of Congress. ("...during the term for which he was elected", and all that.)

[Sebastian Doyle]

28. Well the solution is simple then.

President Obama will appoint Bill Richardson as Secretary of State. Not a Senator, and the best qualified candidate anyway.

[BrklynLiberal]

14. Amazing.

[Kurt_and_Hunter]

18. Are we to assume that not one cabinet secretary since 1973 has ever been appointed from Congress?

Are we to assume that not one cabinet secretary since 1973 has ever been appointed from Congress?

Does he know the current Congress ends weeks before the inauguration?

[PBS Poll-435]

19. Off the top of my head....Ashcroft?

Senator before being appointed AG.

I am sure that the Congress passed a COLA during the preceeding 6 years.

[Kurt_and_Hunter]

20. No, he lost his election that year before being appointed.

[PBS Poll-435]

22. But he was a member during the time that Congress gave itself.

And the Cabinet posts, a raise.

And then he was appointed to AG.

[onehandle]

23. Wow! Obama must be a moron.

Offering Hillary SoS with all of these "problems" barring her.

He obviously doesn't have a plan.

:sarcasm:

[FrenchieCat]

24. If she gets it or she doesn't, it won't be due to this technicality.....

There may be important considerations, but this one ain't it.

[tandem5]

27. wow now I want Hillary Clinton to be SOS more than ever

you could get quite drunk playing the new-BS-reason-why-Clinton-can't-be-SOS drinking game.