A Cabinet member and a Senator simultaneously?!?!!?!!?

[ellaydubya]

On MSNBC they just mentioned this- the man on Keith Olbermann said that it was allowable but had never been done---True?!?!?! That could make things very interesting.

[rosesaylavee]

1. Who are they referring to?

Or just speculating in general?

[gateley]

3. Kerry. nt

[ellaydubya]

4. That particular conversation mentioned Kerry

And would that also include not just the Senate but the House??? I have never heard of this before and would love to hear a little feedback. Thanks a lot.

[Goldom]

2. Wouldn't think he'd have time...

Assuming you're talking about chief of staff, that's a pretty 24/7 job.

[ellaydubya]

5. No, not Chief of Staff

I was thinking of Secretaries of __________.

[TahitiNut]

6. Parliamentary democracies do it all the time.

:shrug:

[curse of greyface]

7. Um no. I mean they could but it is a bad idea. nt

[Skink]

8. Markey can take over.

[Idealism]

9. Tahiti is correct

In parliamentary systems, the members of the government (what we call the cabinet) are all members of parliament, and continue to serve in both functions of state. It works just fine :)

[McCamy Taylor]

10. I don't think Kerry would be good at the job of SOS. He would be thinking of his own career

and not enough about the job. That is what makes foreign born SOSs so desirable. They are not using the job as a jumping off point for a presidential run down the line.

Get someone who is not going to run for president. Ever. Cross his or her heart and hope to die. Kerry may run again. Esp. if he is SOS.

[politicasista]

15. He was and still is one of Obama's best supporters/surrogates

Obama and Kerry have similar views when it comes to foreign policy.

Luckily, it's not up to us. It's Obama's decision period. I like Susan Rice over Bill Richardson.

Aside from the Senate thing and with Uncle Ted being ill, I don't understand why people have a problem with Kerry doing anything. And he has shown that he will do anything to help Obama in his administration, whether it be SFRC chair or cabinet position.

If anyone still feels bitter or betrayed about, that's their problem. In the end it's Obama's call and if he has Kerry do something, it means he trusts his him, and there is nothing wrong with that.

At least Obama knows who the real deal(s) is/are.

[lurky]

11. I thought that was unconstitutional. Article 6 Clause 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."

Seems pretty clear to this layman. Can any constitutional scholars confirm this?

[RichardRay]

12. It turns on the definition of 'civil Office...', a little research

suggests that a cabinet post might not constitute a 'civil Office' in the sense explicitly intended by this clause, but it would probably take a court decision to create a clear precedent.

[TahitiNut]

16. No, it's understood to mean Executive Branch appointments at any level.

Incompatible Offices

This second part of the second clause elicited little discussion at the Convention and was universally understood to be a safeguard against executive influence on Members of Congress and the prevention of the corruption of the separation of powers. Congress has at various times confronted the issue in regard to seating or expelling persons who have or obtain office in another branch. Thus, it has determined that visitors to academies, regents, directors, and trustees of public institutions, and members of temporary commissions who receive no compensation as members are not officers within the constitutional inhibition. Government contractors and federal officers who resign before presenting their credentials may be seated as Members of Congress.

One of the more recurrent problems which Congress has had with this clause is the compatibility of congressional office with service as an officer of some military organization--militia, reserves, and the like. Members have been unseated for accepting appointment to military office during their terms of congressional office, but there are apparently no instances in which a Member-elect has been excluded for this reason. Because of the difficulty of successfully claiming standing, the issue has never been a litigatible matter.

http://caselaw.lp.findlaw.com/data/constitution/article01/22.html#1

It'd be interesting if members of the House and Senate were conscripted into the military, no? :evilgrin:

[TahitiNut]

14. That's Article 1, Section 6, paragraph 2.

Yup. That's what it means.

[lurky]

17. Thanks!

:hi:

[orleans]

13. i say forget it even if it is constitutional

(but it's personal--i still feel betrayed by kerry--so obviously he's not my favorite cookie in the box. yep. that's right. four years later & still not over it. guess i'm just a bitch.)