Reply #6: Hillary appointment would violate the Constitution [View All]

[People4Change]

Article One, Section Six of the U.S. Constitution 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; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office."


You cannot take a job if the salary was increased during your current congressional term. 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. Republicans could try to block her nomination with this argument. Senators may not vote for something scholars tell them is unconstitutional.

If Obama does makes the nomination, he violates the Constitution. As a professor that taught Constitutional law, he should know this. Bush's White House violated the Constitution several times, deliberately. So where is the change??