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Hillary Gets Her Saxbe Fix

by @ 8:22 am on December 11, 2008. Filed under 2008 Election, Hillary Clinton, Politics, Transition Issues

While the House was debating the auto bailout bill last night, the Senate was papering over the Constitutional hurdles to Hillary Clinton’s appointment as Secretary of State:

The Senate quickly and quietly approved a measure Wednesday evening that will help ensure Hillary Clinton becomes the next Secretary of State.

By a voice vote, the chamber approved a resolution reducing the Secretary of State’s pay to its January 2007 level. The unusual move was necessary to comply with the obscure emoluments clause of the Constitution, which prohibits a member of Congress from being appointed to positions that saw a pay increase during that lawmaker’s tenure.

After anticipated House passage, Clinton’s confirmation will be on track in the Senate for early next year.

Strictly speaking, I think it’s fairly clear that this so-called Saxbe fix is not sufficient to remove the Constitutional bar to Hillary’s eligibility; however, it’s fairly clear that, practically speaking, it is not going to pose a bar to her serving as Secretary of State.

Simply put, no Federal Court Judge is going to say that Barack Obama cannot have the Secretary of State of his choice.

H/T: California Yankee

3 Responses to “Hillary Gets Her Saxbe Fix”

  1. Our Constitution is being ignored, once again. How much longer will our Bill of Rights be defended?

  2. [...] Last week, Congress addressed the Constitutional problems with Hillary Clinton’s nomination as Secretary of State by reducing the salary for the position to get around the Emolument’s Clause. [...]

  3. [...] I don’t see this lawsuit going anywhere for a very simple reason: [N]o Federal Court Judge is going to say that Barack Obama cannot have the Secretary of State of [...]

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