Is Senator Clinton Eligible for Secretary of State?

There is a growing debate on the web and in the media regarding Senator Hillary Clinton’s eligibility to be appointed to the office of Secretary of State by President-Elect Barack Obama.

The controversy centers on the “Emoluments Clause” of Article I, section 6 of the United States Constitution, which states that “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 encreased during such time….”  Because the salary (or ”emoluments”) of the office of the Secretary of State has been increased since Senator Clinton was re-elected in 2006, she would be constitutionally ineligible for appointment.

Clinton and Obama seem to be keenly aware of the controversy.  A spokesman for Senator Clinton assured the public that “This is a Harvard Law grad nominating a Yale Law grad here, so all parties involved have been cognizant of this issue from the outset.”  In other words, the Ivy Leaguers have everything under control, so we needn’t worry about any constitutional violations here. Continue reading . . .

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