Hillary Unqualified to be Sec of State

[Berzerker]

art 1 sec 6

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.

Hillary voted to increase the salary for sec of state back in January

[DirtyMartini]

Re: Hillary Unqualified to be Sec of State

Originally posted by Berzerker
art 1 sec 6

for which he was elected,

so she's off the hook

[Darius871]

Re: Re: Hillary Unqualified to be Sec of State

Originally posted by DirtyMartini


so she's off the hook

[Darius871]

That would have raised some interesting interpretive questions had she won the primary and been Prez:

The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years

So she could have been dictator for life?

[EPW]

I made that joke in May and was ridiculed.

[Darius871]

Well, in all seriousness the final arbiter of what "he" actually "means" would be the Supreme Court, and the majority is anything but originalist or textualist, so they'd certainly interpret "he" as asexual, especially in a post-election posture where their own legitimacy would be at stake. No worries.

[Whoha]

If they can show that this is just an inflation adjustment from the last time it was raised then there probably wouldn't be a problem.

[DanS]

Unfortunately, we can't bust Hillary's balls on this one, because it has happened too often in the past. They'll just rescind the pay raise.

[Boris Godunov]

They've worked around this one before... no doubt they will do so again. No biggie.

[Berzerker]

Originally posted by Whoha
If they can show that this is just an inflation adjustment from the last time it was raised then there probably wouldn't be a problem.

COLAs dont increase salary? The text doesn't mention any loopholes or exceptions, just says she cant take an office that saw a pay raise during her term in the Senate. Arguing the pay raise aint a pay raise because of inflation is not change we can believe in...

[Berzerker]

Originally posted by DanS
Unfortunately, we can't bust Hillary's balls on this one, because it has happened too often in the past. They'll just rescind the pay raise.

That doesn't change the fact the position saw a pay raise while she was a senator. Thats what the Constitution says, and Saxbe was not one of the Framers

[Rufus T. Firefly]

Puh-leeze. This is such a non-issue that there's actually a name for dealing with it: The Saxbe Fix, named after the senator who ultimately ended up as Attorney General after the Saturday Night Massacre. As others have said, the strategy is to rescind the raise in order to allow a Congressman or Senator to accept an appointment

[Berzerker]

That doesn't change the fact the position saw a pay raise while she was a senator. Thats what the Constitution says, and Saxbe was not one of the Framers

[Rufus T. Firefly]

Originally posted by Berzerker
That doesn't change the fact the position saw a pay raise while she was a senator. Thats what the Constitution says, and Saxbe was not one of the Framers

Right. And nobody ever noticed that before; not when Saxbe was appointed AG, nor when Edmund Muskie became Secretary of State, now when Lloyd Bentsen became Secretary of the Treasury. In spite of the poisonously partisan nature of American politics over the past decades, and in spite of national politics being chock-full of lawyers, the Emolument Clause been a non-issue.

But now I see that's all because it's never been looked at before by internet geeks who've stopped masturbating to porn just long enough to become constitutional scholars! Silly me!

I stand by my previous "Puh-leeze."

[Boris Godunov]

The intent of the requirement of the Constitution is clear: to prevent legislators from voting an ultimately self-serving pay raise. The Saxbe work-around adequately removes that issue so as to make it an item of zero concern.