First we’ll start with a definition of Emoluments. Basically it means compensation.
Next, the Emoluments clause of the Constitution. It’s in Article I, section 6:
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.
Basically, it prohibits sitting members of congress from creating a sweet government job (or upping the pay for an existing job) and then stepping into it. Seeing as how this was included in the actual text of the Constitution, as opposed to being just a regular old law, I would guess that kind of shenanigan was commonplace under the old British system.
Now, why it matters (or actually doesn’t):
George Bush signed an executive order that upped the pay for the Secretary of State. This action happened while Hillary Clinton was a Senator.
So, a very literal reading of the Emoluments clause would find that because Ms. Clinton was a Senator, and during the time she was elected the emoluments of the civil office that she would be appointed to (SOS) increased (or encreased, if you will), then the appointment of Hillary Clinton as Secretary of State would be unconstitutional.
Now, before you start getting huffy, I have not heard this case seriously argued, and I seriously doubt that any legitimate source would do so. The commentary I’ve seen has all been from a “hmmm, that’s interesting” perspective.
Obviously, the fact that Clinton herself did not vote to increase the SOS salary and the fact that the salary is not a major consideration in her decision whether or not to take the job makes clear that her appointment would not be in violation of the spirit of the law.
But, I find it interesting nonetheless.
Actually, I’m reasonably certain that George Bush knew how the election was going to turn out (because Halliburton told him), so he gave Condoleezza Rice a raise to prevent Hillary Clinton’s enevitable appointment. Obviously.
Source: The Volokh Conspiracy





Subscribe / RSS