Can Hillary serve in State post? (12/05/2008)

To the editor:

It has been brought to my attention that Sen. Hillary Clinton cannot be the new Secretary of State that President-elect Barack Obama has asked her to be.

How I came by this is if you look at our Constitution, Article 1, Section 6, Second Paragraph.

"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."

Here is the definition of emolument(s): Profit, gain from employment or position; payment received for work, salary, wages, fees, etc.

Here is the definition of continuance: The act or fact of remaining in a place or condition; stay.

What does all this mean?

Even though Hillary Clinton took care of the continuance part of the Constitution by resigning her senator job, she still cannot accept the position. Simply put because as a senator, she voted to give the Secretary of State a raise in salary.

While a senator and voting a raise for a position that she will get through appointment violates the Constitution.

There might be ways to skirt around the Constitution. Like doing the Texas-two-step through Congress and roll back the salary before the vote that Sen. Clinton voted on. There will be a raise voted on in the future that she could get then. But with a raise voted on by Sen. Clinton would make her ineligible.

Gary Miller

Portland[[In-content Ad]]