Sunday, November 23, 2008

Hillary Clinton & the "Emoluments Clause"

A new roadblock for Hillary?

Excerpted from the Washington Post:
Even if the vetting problems involving former president Bill Clinton's finances can be resolved, Sen. Hillary Rodham Clinton may face another roadblock on her way to the secretary of state's chair.

It's called the Constitution of the United States, specifically,
Article One, Section Six, also known as the emoluments clause. ("Emoluments" means things like salaries.) It says that no member of Congress, during the term for which he was elected, shall be named to any office "the emoluments whereof shall have been increased during his term." This applies, we're advised, whether the member actually voted on the raises or not.

In Clinton's case, during her current term in the Senate, which began in January 2007, cabinet salaries were increased from $186,600 to $191,300. This situation has arisen before, most famously in the case called "The Saxbe Fix," but it involves a controversial, somewhat tortured reading of the Sacred Document.

That "fix" came in 1973, when President Nixon nominated Ohio Sen. William Saxbe (R) to be attorney general...Saxbe was in the Senate in 1969 when the AG's pay was raised...President George H.W. Bush... approved a Saxbe fix so that Treasury Secretary Lloyded Bentsen could move from the Senate to take that job.

But Democrats in the past have inveighed against this sleight-of-hand. In the Saxbe case, 10 senators, all Democrats, voted against the ploy on constitutional grounds. Sen. Robert C. Byrd (D-W.Va.), the only one of them who remains in the Senate, said at the time that the Constitution was explicit and "we should not delude the American people into thinking a way can be found around the constitutional obstacle."

Call it the Hillary Amendment?
H/T - Law Professors' Blog

I wonder who it is that reminded the Washington Post about this piece of legislation. Hmmm....

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