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Constitution May Sink Hillary's State Chance

Lawmakers can't take federal post for which their Congress raised the salary

By Harry Kimball,  Newser Staff

Posted Nov 20, 2008 12:35 PM CST

(Newser) – Should Barack Obama nominate Hillary Clinton for secretary of state, the confirmation process could be the least of her worries, the Washington Post reports. The Constitution prohibits any member of Congress from assuming a federal post whose salary has been increased during the lawmaker’s term; cabinet salaries have risen by about $15,000 since Clinton’s current term began.

Presidents have finessed this rule before, most notably Richard Nixon, who asked Congress to lower the wage of the attorney general so Sen. William Saxbe could assume the office in 1973. Robert Byrd is the only senator still serving of 10 who voted against Nixon’s “Saxbe Fix,” saying then, “we should not delude the American people into thinking a way can be found around the constitutional obstacle.”

Clinton flanked by New York State Gov. David Paterson and fellow Sen. Charles Schumer.
Clinton flanked by New York State Gov. David Paterson and fellow Sen. Charles Schumer.   (AP Photo)
Sen. Hillary Clinton.
Sen. Hillary Clinton.   (AP Photo)
Sen. Hillary Clinton speaks with attendees at the Robert F. Kennedy Center for Justice and Human Rights gala.
Sen. Hillary Clinton speaks with attendees at the Robert F. Kennedy Center for Justice and Human Rights gala.   (AP Photo)
Bill and Hillary Clinton in 1997.
Bill and Hillary Clinton in 1997.   (AP Photo)
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COMMENTS
Showing 3 of 7 comments
Guest
Nov 25, 2008 3:04 AM CST
After the next four years, that may happen pete.
Guest
Nov 21, 2008 5:50 AM CST
Saying you are a 'third party person' demonstrates how poorly you understand our political system. I'll go as far as to predict that we will elect a black man to be the Pres. before a third-party candidate will even come close to winning.
Guest
Nov 20, 2008 8:42 PM CST
I'll go so far as predict a penguin will be elected president before a third party candidate.

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