Thursday, December 4, 2008

Can Clinton be Secretary of State?

The idea that Sen. Hillary Clinton cannot take the post of Secretary of State has been circulating the Internet and talk radio since her appointment was suggested.

An article on LegalNewsLine explains:
U.S. Sen. Hillary Clinton is constitutionally ineligible to serve as President-elect Barack Obama's secretary of state, a legal watchdog group said Tuesday.

Judicial Watch said the Ineligibility Clause of the United States Constitution says 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.
...
The Nixon administration was able to get legislation passed that reduced the salary to the level that existed prior to Saxbe's appointment.

Former President Bill Clinton used the so-called "Saxbe Fix," to allow Sen. Lloyd Bentsen, D-Texas, to assume the position of treasury secretary.
Do you think Sen. Clinton can or should serve? Or do you think President-elect Obama should choose someone else?

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