Hofstra Law Review Volume 24 | Issue 1 Article 2 1995 The molumeE nts Clause: An Anti-Federalist Intruder in a Federalist Constitution John F. O'Connor Follow this and additional works at: http://scholarlycommons.law.hofstra.edu/hlr Part of the Law Commons Recommended Citation O'Connor, John F. (1995) "The moE luments Clause: An Anti-Federalist Intruder in a Federalist Constitution," Hofstra Law Review: Vol. 24: Iss. 1, Article 2. Available at: http://scholarlycommons.law.hofstra.edu/hlr/vol24/iss1/2 This document is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Law Review by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact
[email protected]. O'Connor: The Emoluments Clause: An Anti-Federalist Intruder in a Federalis THE EMOLUMENTS CLAUSE: AN ANTI-FEDERALIST INTRUDER IN A FEDERALIST CONSTITUTION John F O'Connor* As to the exception that [Senators and Representatives] cannot be appointedto offices created by themselves, or the emoluments of which are by themselves increased, it is certainly of little consequence, since they may easily evade it .... Luther Martin' CONTENTS I. INTRODUCTION ................................ 91 II. THE PLAIN LANGUAGE OF THE EMOLUMENTS CLAUSE .... 94 A. "No Senator or Representative shall, during the Time for which he was elected"................... 95 1. "No Senator or Representative shall"............ 95 2. "During the Time for which he was elected" ...... 101 B. The Meaning of "Be Appointed".. ................ 104 C. "To any civil Office under the Authority of the United States" . ............................. 106 * Captain, United States Marine Corps.