Q & A: Rodearmel V. Clinton
Q & A: Rodearmel v. Clinton Q: Why is Hillary Clinton ineligible to serve as Secretary of State? A: The Constitution’s “Disability Clause,” also known as the “Emoluments Clause” (Article 1, Section 6, Clause 2), states: 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. The Constitution thus prohibits members of Congress from being appointed to a civil office (such as a cabinet post) during the term for which they were elected (even if they have resigned), if the salary for that post was increased during that term. The salary for Secretary of State has been increased three times during Mrs. Clinton’s second elected term, therefore she is not eligible for that office until her term expires in January 2013. Q. Didn’t Congress fix this problem when it voted on December 10, 2008 to lower the Secretary of State’s salary to the level it was at the beginning of Mrs. Clinton’s second term? A. This “work-around” is not authorized by the Constitution. Other clauses do provide for removing a Constitutional ineligibility by Congressional action. For example, Art. 1, Sec. 9, Cl. 8 provides that “no Person holding any Office of Profit or Trust under them [the United States] shall, without the Consent of the Congress, accept of any present, Emolument, Office or Title, of any kind whatever, from any King, Prince, or foreign State” (emphasis added).
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