The Ineligibility Clause of the Constitution states that no member of Congress can be appointed to an office that has benefited from a salary increase during the time that person was in Congress. Specifically, Article I, Section 6, 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; ....Seems clear. And since the Secretary of State position was allocated a pay increase last January, with Hillary Clinton in the Senate, she is ineligible to assume the position.
Big deal? Probably not. It's happened before and the fix was to reduce the salary of the appointee to the previous level -- before the pay raise. Of course, it may be a wild assumption that Hillary Clinton would willingly accept a pay cut.
Tip: Right Bias
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