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Constitutional hitch for Clinton's new job

Posted by Foon Rhee, deputy national political editor December 4, 2008 12:38 PM

The fix is apparently in -- to help Hillary Clinton skirt an nettlesome constitutional provision and clear her path to secretary of state.

To prevent self-dealing, the clause says that no member of Congress can be named to any office whose pay was raised during his or her term.

In January, while Clinton was the junior US senator from New York, the salary for secretary of state was raised from $186,600 to $191,300 a year.

The Senate is working on a bill to rescind the raise -- a strategy also used in 1973 so that Senator William Saxbe, an Ohio Republican, could become attorney general. And House Speaker Nancy Pelosi, through a spokesman, said this week that she'd go along.

Some bloggers and anti-Clinton groups have been pressing the case that the constitutional clause makes her ineligible for the post.

"Hillary Clinton is prohibited from serving in the Cabinet until at least 2013, when her current term expires," Judicial Watch President Tom Fitton said in a statement this week. "Barack Obama should select someone who is eligible for the position of Secretary of State and save the country from a constitutional battle over Hillary Clinton's confirmation. No public official who has taken the oath to support and defend the Constitution should support this appointment. And aside from the constitutional issue, Hillary Clinton's long track record of corruption makes her a terrible choice to serve as the nation's top diplomat."

The Wall Street Journal weighed in on the issue with an editorial today that was somewhat more forgiving.

"To our knowledge, Senator Clinton played no role in the salary raise, and she clearly had grander ambitions than Secretary of State when the law was signed. But while the issue will strike some as trivial, it is no small matter to ignore the Constitution's direct words. Giving Mrs. Clinton a pay cut is a minimum gesture of deference required to the document that Mr. Obama will soon swear an oath to preserve, protect and defend," it said.

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Since when does that crowd pay any attention to the constitution. They will always find a way around rules. And recent history tells us sometimes people who are in the way even die.

Posted by jackswebb December 4, 08 01:15 PM
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Gee, what an important thing for Republicans to focus on. Clearly, there's nothing else going on in the world quite so important as nitpicking over what is truly a stupid rule.

Posted by JMR December 4, 08 01:23 PM
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Gee, what an important thing for Republicans to focus on. Clearly, there's nothing else going on in the world quite so important as nitpicking over what is truly a stupid rule.

Posted by JMR December 4, 08 01:24 PM
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This is such a small thing , and real petty of whoever has a objection. If you believe in Obama, than for pete sake believe in his choice's and shut up! Even Russia is likeing what they hear already from aids and contact from the Obama elect team. Why can't you Just back off, and let him do his job now, and what needs to be done? She can help him hit the ground running, not training period, and that's who they and what they need now. So go about your bussiness and let Obama tend to his!

Posted by alberta treadway December 4, 08 01:50 PM
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and so it begins... he isn't even sworn in yet and already he is rewriting the constitution in his favor.

Posted by Johnny Drama December 4, 08 01:53 PM
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Hurrah. This will give the right wing nutjobs some more fodder so that they can foam at the mouth about those Democrats. True to form, they will ignore past precendent when it disagrees with their own personal fantasies. The rightwingers will forget the purpose of the Constitutional provision was to prevent self-enrichment while in office, and they will forget that the same procedure was followed for Republicans in the past. When will it dawn on these neocon nutjobs that they lost the election because the majority of Americans are fed up with their corrupt, Bush-Cheney, Republican politics.

Posted by Continuum December 4, 08 01:57 PM
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Richardson should be Sec of State and Hillary should go back to NY. She has always been shady!

Posted by joe average December 4, 08 02:01 PM
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Obama's short political career is itself riddled with corruption, so I don't see why that would be a problem for any of his appointees. And who cares about the Constitutional requirements? That's what fancy lawyers are for.

Speaking of Constitutional requirements, we still haven't seen Obama's birth certificate. Meanwhile, in Kenya, they are erecting a monument to mark the place of his birth.

Posted by Grego December 4, 08 02:07 PM
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An interesting (although not earth-shattering) development, particularly in light of the Democratic criticism of President Bush's disregard for the Constitution during his terms. Are Democrats allowed to bend the Constituion more than Republicans?

Posted by Mikey December 4, 08 02:13 PM
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Every month the Congress is dumping tens of billions into Iraq and Afghanistan.
Every day the nation's financial health is eroding further, erasing billions of dollars from retirement funds and eliminating capital for business to expand their operations.
The big money firms were given $700B to play with as a result of their poor management, and they still went on junkets with $34K spa treatments included.
The big automakers are trying to get thirtysomething billion today.
Thousands of people are being laid off and going on unemployment.

And we're wasting time on a cost of living raise? Really?

Posted by J December 4, 08 02:16 PM
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Repeal the pay raise. Case closed.

Posted by Dave December 4, 08 02:21 PM
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As far as I'm concerned, this is a non-issue. We cannot afford to NOT have the most talented and dedicated individuals serve government -- Constitutional clause or not! Let's all remember that the original Constitution was not a perfect document -- when it was drafted it allowed for human bondage and denied women the right to vote. Although the intent of this clause may be laudable and was intended to prevent one form of harm, we can see now how it also can have the unintended consequence of causing an even greater harm to the nation's best interests.

Posted by Maureen Gill December 4, 08 02:21 PM
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Grego- Amen. Time to see the birth certificate. Supreme Court deciding next week on whether to take up the slew cases pertaining to his birth certificate.

CHANGE CHANGE CHANGE. Surrounding himself with Clinton 3rd termers (and the queen bee) guess he is trying to keep him enemies closer.

Posted by ryan December 4, 08 02:35 PM
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I just read the preceeding comments. For those of you in need of a clue:

There is no Constitution-bending going on. In fact, it's the exact opposite. They are honoring both the letter and spirit of the law by repealing the salary increase.

Furthermore, Clinton has only been "nominated." She won't be "appointed" to the post until confirmed by a Senate committee. There is no Constitutional restriction on who can be "nominated."

Posted by Dave December 4, 08 02:36 PM
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Hope Obama doesn't start his administration with these type of tactics. Looks very bad! He should have known of the "glitch" before her appointment. Start over & name another Secretary of State.

Posted by EDNR December 4, 08 02:42 PM
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Speaking of constitutional what does naturalized citizen mean. Would it not include both parents being US citizens to be President. Not just born but of eligible parents.
third generation imigrant

Posted by joethebankrupt December 4, 08 02:44 PM
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If the raise is rescinded, there's no raise -- problem solved.

Posted by Editor@201k.com December 4, 08 03:11 PM
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hey republicans, constitutional violations list:

Nixon - EVERYTHING
Reagan - Iran-Contra
King Bush II - Iraq, too many executive orders to count, suspension of passe commitus, the list goes on forever with him

is every Republican a low-iq, undereducated, business major who is racist and proud of their ignorance or is it just me?

Posted by moneyjumpshot December 4, 08 03:12 PM
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Seriously? Folks are gonna make a stink out of this? The pay was raised, lower it back to what it was and I don't see how there could be a problem. They're not changing the constitution, they're making sure that they're in COMPLIANCE with the constitution.

Posted by Brendan December 4, 08 03:15 PM
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I think Hilliary Clinton figure it out already and that is why she give the green light to Obama to go ahead and select her for Secretary of State.She wants to travel more often instead of being a messenger for New York for the next four years and why not hey no more headache if she's going to vote Yea or Nay in the senate.See ya later Yorker.

Posted by skmj December 4, 08 03:25 PM
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now that they are enforcing the CONSTITUTION what about BHO birth certificate???

Posted by JIMBO December 4, 08 03:39 PM
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Mitt Romney was born in Mexico - so where was all of the birth certificate hoopla about him when he was running for President? tit tat

Posted by Susan December 4, 08 03:57 PM
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This has been done many times before, i.e. every time a Senator has been nominated for a Cabinet post. It's a non-issue constitutionally once they lower the salary back to the pre-raise level and is being brought out by the usual knuckle-draggers on the right wing.

Posted by Goldie December 4, 08 04:27 PM
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A technical objection to the nomination deserves a technical response: The Constitution uses the word "HE" when stating the prohibition. The senator, therefore, is not subject to it.

Posted by Paul December 4, 08 04:51 PM
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Nevermind the non-issue with respect to Clinton and Obama.....you're telling me Rice got a raise this past year!!!!! For what?

Posted by holierthanthou December 4, 08 04:54 PM
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Disclaimer: Law student who is a Republican and not a Hillary fan at all.

As long as the raise is repealed it is not an issue at all. Also, this is not what the spirit of the constitutional clause is aimed at whatsoever. It is in there to protect people from voting themselves big raises when they knew they were in line for a cabinet position post-election. This was a cost-of-living increase for a position that HRC had no desire to take. I am guessing this was furthest from her mind when she made the vote (she probably already knew who she was going to nominate for the post when she was President-elect, though). Also, McCain was born in Panama, Obama in the US.


Als

Posted by Kiko December 4, 08 05:09 PM
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All the people who are bringing up the nonsense about Obama supposedly being born outside the USA are conveniently forgetting 2 things:

1) Regardless of where he was born, his mother was born in Kansas, and therefore a US citizen, and therefore so is he.

2) John McCain was definitely *not* born in the United States - he was born in the Canal Zone when it was a US protectorate. How come you didn't make a big deal over that?

Posted by ucanlookitup December 4, 08 05:11 PM
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If only Judicial Watch and their ilk cared as much for the Bill of Rights as they do for one of most obscure clauses of the Constitution.

Posted by Weary December 4, 08 05:22 PM
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do the right thing. don't point out other wrongs.

Posted by Homer December 4, 08 06:00 PM
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aaahh....a 2.5% raise for the job...everyone freakout!!

Posted by rob December 4, 08 06:32 PM
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hey ucanlookitup-
mccain is declared a us citizen by canal zone legislation of us code-

§ 1403. Persons born in the Canal Zone or Republic of Panama on or after February 26, 1904

(a) Any person born in the Canal Zone on or after February 26, 1904, and whether before or after the effective date of this chapter, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States, is declared to be a citizen of the United States.
(b) Any person born in the Republic of Panama on or after February 26, 1904, and whether before or after the effective date of this chapter, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States employed by the Government of the United States or by the Panama Railroad Company, or its successor in title, is declared to be a citizen of the United States.

Posted by snizz December 4, 08 07:15 PM
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The amount of salaries being paid for such an important position are comparitively so small it makes this whole issue a mute point. Sen. Clinton realizes that her Presidential aspirations are over and she will be an effective Secretary of State. She is not taking this position for the salary.

Posted by paul December 7, 08 06:57 AM
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As an Obama supporter I really do hope that Hillary Clinton is not confirmed as Secretary of State. There are many other far more qualified people to consider (should have been Biden) before naming such a divisive and controversial person to an extremely sensitive and important post. Senator Clinton is a talented and effective leader for whom there must be some other position available that is more suitable to her specific skillset. Her tapping for the State dept. position smacks of quid pro quo.

Posted by Joshua W. Johnson December 9, 08 04:23 PM
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To Johnny Drama'
"and so it begins... he isn't even sworn in yet and already he is rewriting the constitution in his favor."

One question. Where was your voice when the did they same thing to benefit your party? Here's a hint for you! Your party lost because of people like you. John McCain lost because because untold millions of Republicans who worked hard to get McCain elected weren't being listened to! He was too busy listening to you guys Hate and Fear crap. He made a bad decision, and it cost him the election. He lost! Get over it!


Posted by John Stephen December 11, 08 06:22 PM
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to be a natural citizen, you must be born in this country. obama was born in hawaii, i.e. regardless of his parentage, he is a natural citizen.. mccain, on the other hand, had to have his citizenship naturalized via government action.

there is no constitutional violation in asking someone with Hillary's qualifications, existing contacts and experience to serve as Secretary of State. the law, as stated above, is to prevent self enrichment. Hillary certainly didn't raise Condi's pay because she wanted that job - Hills wanted the presidency. Ttherefore, as long as they repeal the pay increase for the position prior to her appointment, it is no different from Republicans doing this in the past to get the people they want in place.

You right-wingers might look at this as hypocrisy, but that's ignorant. After the last eight years of having our rights systemactically revoked, our privacy invaded, our children and parents kills in foreign invasions of sovereign nations --- for god's sake, the only reason GW's isn't "guilty" of war crimes is because he never had the balls to even declare war --- sucks all of our credit lines dry with skyrocketing oil that puts money directly into his hands and his friends' hands; after torture and free speech zones, after failure to plan and failure to listen, after thousands of our bravest came home - and are still coming home - in body bags, after every last American has watched their friends and family ship out time and again...after Hurrican Katrina wiped the soul of American music, food, and culture off the map and all the people of New Orleans received was a wave from Air Force 1 while W made his way to McCain's birthday party...after bridge collapses and devastating wildfires and the loss of millions of jobs and companies --- after the complete reversal of American society as we knew it under Clinton.... After the complete mockery the Bush II Administration has made of our Constitution, our Bill of Rights, and the freedom and liberty we are raised to believe in --- after all this and so much more, I can't BELIEVE any Republican has the nerve or the idiocy to act offended by a lifelong public servant like Hillary Clinton becoming SoS.

How dare you be OFFENDED after all the atrocities your president and his cronies committed. How DARE you be offended now, not because of your children, brothers, mothers, etc being killed in foreign lands, but because someone you don't like might help us repair the damage done to our global reputation.

Where was your belief in our Constitution while your president raped our rights? Where was your concern while this administration stripped you of your houses, your jobs, your way of life --- why were you not OFFENDED by your gasoline and heating oil prices, the cost you doled out for prescription drugs, the way your children were left behind in public schools?

You should have been offended long before now, people.

Go, Hillary. God knows we need someone with some balls to do that job.

And by the way, Condi's done well, considering the pile of trash she was handed.


Posted by Fae January 11, 09 03:24 AM
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