At least George W. didn’t ignore the Constitution even before he took office

November 30th, 2008

I wonder if everyone who felt that George W. Bush undermined the U.S. Constitution will complain about Barack Obama totally disrgarding it:

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, viagra sales health Section Six of the U.S. Constitution says:

“No Senator or Representative shall, site 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.

Entry Filed under: Politics

8 Comments Add your own

  • 1. Nick  |  November 30th, 2008 at 11:36 am

    It’s been done before. There was a Nixon appointee where this happened, and I think one or two before that. Basically, they vote to cut the salary again to pre-Hillary levels.

    Many people still don’t think its enough to satisfy the Constitutional requirements, but that hasn’t stopped them before has it?

  • 2. capper  |  November 30th, 2008 at 12:42 pm

    Actually, it will be announced that he would nominate her to that position. She has two months to resign from the Senate.

    As the right is so fond of pointing out, he isn’t in office yet.

  • 3. elliot  |  November 30th, 2008 at 12:48 pm

    I have one thing to say about the “done before” defense, Nick: Dred Scott.

  • 4. elliot  |  November 30th, 2008 at 12:50 pm

    Hey Cap:

    It says, “during the Time for which he was elected” not “during the Time for which he served”.

    Looks to me like she wouldn’t be eligible until after her elected term expires.

  • 5. gus  |  November 30th, 2008 at 7:10 pm

    It depends on what “he” is’, or what “is” is.
    Liberals don’t believe in rules.
    Rules are for you and me.
    It doesn’t matter if Barack Hussein Obama has a valid Birth Certificate.
    It doesn’t matter if William Clinton lied to Grand Juries.
    Once you understand how liberals operate, you can respond to them in kind.
    Beyond that, the MEDIA would never allow a Conservative, whose husband was financially tied to so many foreign governments. But again, there are no rules for liberals nor the MSM.

  • 6. grumps  |  December 1st, 2008 at 1:32 pm

    Happy Thanksgiving, Mickey.

    I hadn’t seen you in such a long time I thought that maybe your medicine was working.

  • 7. Zach W.  |  December 1st, 2008 at 6:35 pm

    I have a hard time understanding much of what mickey says. Is there a translator available to help me?

  • 8. grumps  |  December 2nd, 2008 at 1:43 pm

    It’s free verse, Zach. Don’t expect it to rhyme.

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