Matt LeMieux

27 November 2008

Is Clinton Barred by the Constitution?

There is an interesting question floating around the blogesphere about whether Hillary Clinton is barred by the Constitution from accepting the Secretary of State nomination (a nomination which technically has yet to be made official). You see, Article I of the Constitution basically prohibits sitting members of Congress from taking new jobs in the government if the salary for that job has increased during the current term of the member of Congress. The Secretary of State's salary has indeed increased during Hillary Clinton's current term as U.S. Senator. But this is probably just an academic question. As bloggers over at the Ecomonist point out, it seems unlikely that Republican Senators, after years of watching the Bush Administration play fast and loose with constitutional rights, will hold up Hillary's nomination because of such an obscure part of the Constitution.