Constitutionality of Clinton as Secretary of State...

Obama's already shown that he has little to no regard for the Constitution, so I doubt he's all that concerned about this. I also doubt this will stop Clinton from serving as Secretary of State.
 
Obama's already shown that he has little to no regard for the Constitution, so I doubt he's all that concerned about this. I also doubt this will stop Clinton from serving as Secretary of State.

Nevertheless it is an interesting issue. In the past, people have gotten around it by lowering the salary. I wonder if they'll do that this time (though as pointed out this isn't really a fix).
 
Nevertheless it is an interesting issue. In the past, people have gotten around it by lowering the salary. I wonder if they'll do that this time (though as pointed out this isn't really a fix).

My guess is that they won't even bother to do that, the issue will probably be mostly ignored.
 
if the salary for sec of state is lowered then where is the actual "corruption" of Clinton's appointment? And, further, would it matter to an organization like Judicial Watch who claims in their own mission statement to be a conservative group.
 
Obama's already shown that he has little to no regard for the Constitution, so I doubt he's all that concerned about this. I also doubt this will stop Clinton from serving as Secretary of State.

what the hell does that even mean? this is easily remedied. They just roll back the pay grade to what it was before Clinton became a senator. Like they did with Nixon's attorney general

This is such a minor nothing issue that I find it ridiculous and laughable that anyone would even make a big deal out of it.
 
if the salary for sec of state is lowered then where is the actual "corruption" of Clinton's appointment? And, further, would it matter to an organization like Judicial Watch who claims in their own mission statement to be a conservative group.

Well, where the interesting legal question comes in is that the Constitution on its face has an outright prohibition if the salary was increased during the Legislator's term. The question then, even in the event of a rollback of salary, is whether legislative action such as a rollback is sufficient to negate an outright Constitutional prohibition (i.e. the Constitution doesn't say such a person can't serve unless the salary is rolled back; it just says they can't serve).
 
what the hell does that even mean? this is easily remedied. They just roll back the pay grade to what it was before Clinton became a senator. Like they did with Nixon's attorney general

This is such a minor nothing issue that I find it ridiculous and laughable that anyone would even make a big deal out of it.

Some people can see the subtle and interesting legal issue involved; others cannot.
 
what the hell does that even mean? this is easily remedied. They just roll back the pay grade to what it was before Clinton became a senator. Like they did with Nixon's attorney general

This is such a minor nothing issue that I find it ridiculous and laughable that anyone would even make a big deal out of it.

What do you mean what does that mean? I think I was clear. The Constitution will be ignored and Clinton will serve as Secretary of State.
 
Well, where the interesting legal question comes in is that the Constitution on its face has an outright prohibition if the salary was increased during the Legislator's term. The question then, even in the event of a rollback of salary, is whether legislative action such as a rollback is sufficient to negate an outright Constitutional prohibition (i.e. the Constitution doesn't say such a person can't serve unless the salary is rolled back; it just says they can't serve).

but wouldn't that increase effectively hobble any potential candidate for an appointed position regardless of all other qualification? And, while I see how the concern for corruption might be in place if candidates stack salaries I still wonder where the actual corruption is if the income is rolled back.

Looks like there is precedence for a roll back solution, eh?


and, again, I'd have to wonder if a conservative organization would care about doing more than throwing caltrops in the path of the opposition administration anyway.
 
but wouldn't that increase effectively hobble any potential candidate for an appointed position regardless of all other qualification? And, while I see how the concern for corruption might be in place if candidates stack salaries I still wonder where the actual corruption is if the income is rolled back.

Looks like there is precedence for a roll back solution, eh?


and, again, I'd have to wonder if a conservative organization would care about doing more than throwing caltrops in the path of the opposition administration anyway.

It would hobble some people, no doubt.

There is precedence, though starting with Nixon I don't know how persuasive it is :)

I voted for Obama and don't have a problem with Clinton as SOS in principle. I do think the question of how much power the legislature has to negate a Constitutional proscription is an interesting one.
 
but wouldn't that increase effectively hobble any potential candidate for an appointed position regardless of all other qualification? And, while I see how the concern for corruption might be in place if candidates stack salaries I still wonder where the actual corruption is if the income is rolled back.

Looks like there is precedence for a roll back solution, eh?


and, again, I'd have to wonder if a conservative organization would care about doing more than throwing caltrops in the path of the opposition administration anyway.

I guess the real question is was the Saxbe Fix was legal itself. It seemingly would not be as it doesn't change the fact that the salary did indeed go up while she was in office. I does seem to be a rather exclusionary as it excludes pretty much any congress person from taking the post until they are no longer a congressman.
 
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I guess the real question is was the Saxbe Fix was legal itself. It seemingly would not be as it doesn't change the fact that the salary did indeed go up while she was in office. And as the article states. I does seem to be a rather exclusionary as it excludes pretty much any congress person from taking the post until they are no longer a congressman.

Yeah, I think that's the proper reading of it as well. Seems to me the Saxbe action was inappropriate and so were subsequent actions of the same kind. Looks like the Reagan administration had the correct interpretation with Hatch.
 
Some people can see the subtle and interesting legal issue involved; others cannot.

oh you mean those with an agenda...you're right...some see it...others don't. :eusa_whistle:

and the argument could be made that Clinton didn't vote to raise the salary but rather it was a cost of living increase as mandated by the law.
 
oh you mean those with an agenda...you're right...some see it...others don't. :eusa_whistle:

and the argument could be made that Clinton didn't vote to raise the salary but rather it was a cost of living increase as mandated by the law.

I doubt very seriously that the Constitution has an "agenda" against Hillary Clinton.
 
oh you mean those with an agenda...you're right...some see it...others don't. :eusa_whistle:

and the argument could be made that Clinton didn't vote to raise the salary but rather it was a cost of living increase as mandated by the law.

People with no better argument assume there is an agenda. Like I said I voted for Obama and have no problem with Clinton.

As for not voting for it, the Constitution doesn't say she had to have voted on it.
 
I doubt very seriously that the Constitution has an "agenda" against Hillary Clinton.

no....those making the claim that somehow it's unconstitutional for her to take the position do. it's cute how a Republican President was able to get around it but now ya'll want the dem to follow the exact letter of the constitution.

when you consider that the outgoing President had about as much regard for the consitution as a roll of toliet paper I don't think this one article means that much in the big picture.
 
no....those making the claim that somehow it's unconstitutional for her to take the position do. it's cute how a Republican President was able to get around it but now ya'll want the dem to follow the exact letter of the constitution.

when you consider that the outgoing President had about as much regard for the consitution as a roll of toliet paper I don't think this one article means that much in the big picture.

"Somehow" unconstitutional? It's unconstitutional because it says directly in the Constitution! The fact that Bush shat on the Constitution doesn't give Obama license to do the same. You should be holding Obama up to higher standards than those set by Bush.
 
But it really does say he and not she. So if we are going to interpret the constitution strictly, then there really is no problem with Hillary, right? The intent was to avoid corruption and having someone elected take a job that might pay more money for strictly personal gain. I don't know what salaries were back then, but certainly even POTUS at $400,000 is chump change and POTUS is the highest paid official...elected or appointed.

Do we go by intent or a strict interpretation? Either way, Hillary should have no difficulty and Congress should address this silly issue to avoid future problems.

Unless you are some kind of partisan hack, I can't see how exactly you'd disagree.
 

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