Wed 26 Aug, 2009 11:00 pm
Does not the so called "Emoluments clause" of the constitution ( Art. I
sec. 6) prohibit Ms Clinton from assuming the office of Sec. of State?
I recall Richard Nixon appointed Ohio Senator William Saxbe as AG when
Elliot Richardson "resigned" --- Saturday Night Massacre
Pres. Carter appointed Sen. Muskie as Sec. of State when Cyrus Vance quit
--- over the Iran helicopter thing.
It is my recollection that Congress employed the so-called "Saxbe fix"
--- that is to say reducing the compensation of the office to what it was
before the appointee voted on the increase.
But Art. I sec.6 ---allows, in my view, no such escape hatch?
If one were to litigate --- how would standing be established?
The operating theory seems to have been that Ms Clinton accepted the level of compensation in effect prior to her term of office as senator. I don't think the concept was challenged at the Supreme Court, but it would likely stand if it were.
Well, I reread your post, and you seem to have accounted for the working principle. Again, I'm inclined to believe it would withstand challenge.