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Obama’s Pick of Hillary Clinton as Secretary of State is Unconstitutional

December 2, 2008

 The choice of Hillary Clinton as secretary of state is unconstitutional. Hillary Rodham Clinton is ineligible to be named as secretary of state according to the constitution.

 According to Article 1, Section 6 of the constitution:

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.

 What does this have to do with the appointment of Hillary Clinton as secretary of state? I am glad that you asked.

On January 4, 2008, President Bush issued Executive Order 13454, which increased the “Emoluments” (salary) of the secretary of state position. Hillary Clinton, as an elected senator from New York at the time and with a current term of office that runs through the end of 2010, would seem to fall clearly within the definition of a “senator” under this clause.

 She was a senator when the president raised the salary of the position of secretary of state, this makes her appointment to this position unconstitutional. Pure and simple, cut and dry.

 This would not be the first time however that a president has unconstitutionally appointed a senator to a position that they were not eligible for under this article and section of the constitution. The “work-around” that previous presidents have used to skirt around the constitution is to lower the salary back to the rate it was before the increase. This still doesn’t change the constitutionality of the appointment but the precedent has already been set.

 Should Obama choose to use this “work-around” he will join a list of previous presidents to use this technique that include President Nixon, President Carter, and President Clinton. Now that is a list to be associated with, huh? A disgraced president who resigned before impeachment, the only elected president to be impeached, and an imbecile.

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12 Comments leave one →
  1. December 3, 2008 8:06 am

    I don’t believe the Constitution is going to get in the way of these guys.

    You are right, too. Nixon, Carter, Clinton, and now Obama. What a bunch.

  2. Deb permalink
    December 3, 2008 6:04 pm

    *sigh*. We already knew Obama could care less about the Constitution. And just that phrase “work-around” sounds totally creepy and I might say, a little perverted. On more than one level.

  3. December 3, 2008 9:12 pm

    No, the constitution is just seen as a roadblock to these people. I think that this is the first “work-around” of many more to come.

  4. GenericGuy35 permalink
    December 15, 2008 11:46 pm

    Not that Fox has any credibility, but would this not resolve the issue?

    http://www.foxnews.com/politics/2008/12/11/congress-cuts-secretary-state-salary-clinton/

  5. December 16, 2008 5:27 am

    No, but that precedent was already set and so she will be allowed to serve.

  6. Please permalink
    January 14, 2009 12:59 pm

    Oh for goodness sake. I hate when people try to further their own agenda’s by using the “letter of the law” instead of the spirit of the law. The intent behind the constitution was to keep Senators from increasing the salary of a position with the intent of taking that position themselves.

    The increase was a standard cost of living adjustment of approx. 3% or a few grand. It’s perfectly acceptable for the President to decrease the salary so that the letter of the law is adhered to. Hillary will not profit from her vote to increase the salary.

Trackbacks

  1. Hillary Constitutionally “unfit” to take office of Secretary of State | Media Splatters
  2. Robert Byrd Investigating Constitutionality of Hillary Clinton’s Nomination as Secretary of State « America’s Watchtower
  3. Clinton as Secretary of State Could Face Court Challenge « America’s Watchtower
  4. ConstitutionWatch.org
  5. Hillary Clinton Invovled in a Possible Pay to Play Scheme? « America’s Watchtower
  6. Obama’s Treasury Secretary Forgot to Pay Taxes « America’s Watchtower

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