Why can't Hilary legally be Sec of State?
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ahh, now 2 have it right so far
- Anonymous1 decade agoFavorite Answer
Article I, Section 6 of the U.S. Constitution states “No Senator… shall, during the time for which he [or she] was elected, be appointed to any civil office under the authority of the United States, which… the emoluments whereof shall have been increased during such time…”.
The theory is that “the time for which [Hillary] was elected” as Senator for New York began at noon on January 3rd, 2007 (see the 20th Amendment to the U.S. Constitution), and ends at noon on January 3rd, 2013 (the end of a 6-year Senate term).
In Clinton's case, during her current term in the Senate, which began in January 2007, cabinet salaries were increased from $186,600 to $191,300. This situation has arisen before, most famously in the case called "The Saxbe Fix," but it involves a controversial, somewhat tortured reading of the Sacred Document.
That "fix" came in 1973, when President Nixon nominated Ohio Sen. William Saxbe (R) to be attorney general after the famed "Saturday Night Massacre" during the Watergate scandal. Saxbe was in the Senate in 1969 when the AG's pay was raised.
Congress acceded to Nixon's request to lower the attorney general's salary to its pre-1969 level. Apparently this had been done once before, in 1909, for a senator in line to be secretary of state. And President George H.W. Bush, as he was leaving office, approved a Saxbe fix so that Treasury Secretary Lloyded Bentsen could move from the Senate to take that job.
But Democrats in the past have inveighed against this sleight-of-hand. In the Saxbe case, 10 senators, all Democrats, voted against the ploy on constitutional grounds. Sen. Robert C. Byrd (D-W.Va.), the only one of them who remains in the Senate, said at the time that the Constitution was explicit and "we should not delude the American people into thinking a way can be found around the constitutional obstacle."
End of parts.
I do not believe that "The Saxbe Fix," will survive a constitutional challenge.
- kathy_is_a_nurseLv 71 decade ago
There is a clause in the U.S. Constitution (Article One, Section Six) that prohibits senators (or representatives) from taking a civil office if the legislator has voted to increase the pay for that job.
"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."
Since Hillary has been a senator, Congress has voted raises for offices including the cabinet.
- Ralph TLv 71 decade ago
First,because of Bill's business activities and fund raising may create a conflict of interest.
Second,she is a sitting member of the senate and is not allowed by law to take another post.
However,the democrats seem to be ignoring the laws or interpreting them to their way of thinking the law means.
Hilary was asked and accepted the position Mon. 12-1-08.
- aldaplumberLv 41 decade ago
Hey if we can elect a foreign born man to be president, then why not a crooked senator for another big appointment ?
Remember, this administration is going to be all about change....This is a good one right off the bat...Hillary is 'changing' seats and bill is 'changing' his shorts (trying to re-cook the books)
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- Anonymous1 decade ago
She can and will be confirmed. Don't misread the Constitution. Many sitting senators and congressmen have resigned their seats to serve in cabinets. Most recently, Les Aspin resigned from Congress to be Clinton's secretary of defense. Dick Cheney resigned from Congress to become President GHW Bush's secretary of defense.
- ettubozoLv 51 decade ago
cause she was really born in Kenya and was spirited in to U.S where her birth certificate was forged?