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