Hillary Clinton might not be eligible to become Secretary of State?
From what I can tell, this says that the reason she is not eligble has something to do with the federal job she is going to take being quite literally “above her pay grade”.
If that is the case and she is ineligible, then isnt Obama, Bliden and half a dozen others also not eligible for exactly the same reason?
My gut says that this has less air in it than the “Obama’s REAL birth certificate” hot air ballon that was let loose into the atmosphere a few months ago.
Not that it is above her paygrade, but that she was a member of the Legislative branch while a pay raise went through for the SecState position. It’s an anti-corruption piece in the Constitution, apparently. Now, the pay raise was an automatic cost-of-living increase, which was Executive branch induced. But there are various readings and interpretations of the implications.
Instapundit links to the Volokh Conspiracy where there is a good discussion of the implications and consequences.
I bet this is being leaked by the anti-Hillary faction at team Dear Leader. This way, The One looks magnanimous in offering her the job, but, drat it, that darn constitution is in the way. gosh golly gee.
Varifrank, no, because Obama wasn’t appointed President, he was elected. It applies only to appointments either created during their term in Congress or where the pay was raised during their term in Congress.
And the fix is obvious – pay decrease back down to what it was in 2002, to be brought back up on January 21st. Either that, or brazen it out and say a COLA increase isn’t a real pay increase(which I’m pretty sure case law supports, though IANAL). Of course, that’ll only work if this isn’t Obama’s screwjob.
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