Hillary Clinton’s constitutional ineligibility

[lostinblue 1,989]

http://www.judicialwatch.org/news/2009/sep...stitutional-eli

Hearing This Week in Lawsuit Challenging Hillary Clinton's Constitutional Eligibility for Secretary of State

Date: Wednesday, September 16

Time: 9:30 AM ET

Location: Courtroom 22A

The E. Barrett Prettyman Federal Courthouse

333 Constitution Avenue, N.W.

Washington, D.C. 20001

At issue is Hillary Clinton’s constitutional ineligibility to serve as Secretary of State. Article I, section 6 of the U.S. Constitution provides:

"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."

This provision, known as the "Emoluments" or "Ineligibility" clause is an absolute prohibition and does not allow for any exceptions. The "Ineligibility Clause" is interpreted by most as designed by our Founding Fathers to protect against corruption, limit the size of government, and ensure the separation of powers among the three branches of government.

[one...two...tree 2,762]

I take it you don't know who Richard Mellon Scaife is?

Oh my...the Right Wingers are DESPERATE, SAD, LITTLE PEOPLE...

Keep the nuttiness coming.

[natty bumppo 297]

I take it you don't know who Richard Mellon Scaife is?

Oh my...the Right Wingers are DESPERATE, SAD, LITTLE PEOPLE...

Keep the nuttiness coming.

steven has a nut going .... stand back !!!!!

[Two Face 0]

Is judiciary still independent or are they in Obama pocket? We shall see!

The emoluments argument goes like this: when the compensation for a certain cabinet position increases, all members of the Congress in office during the time of the increase shall be disqualified from later holding that position.

According to several academics, the Emoluments Clause is in play because the Secretary of State got a cost-of-living adjustment in January of this year, at which time Hillary Clinton was a senator from New York. As John O’Connor, the author of an 1995 Hofstra Law Review article on the Emoluments Clause, put it in December: “nder a straightforward application of the Emoluments Clause, Senator Clinton is ineligible for appointment as Secretary of State because the emoluments of that office “have been increased” during Senator Clinton’s current Senate term, and this disability continues until the end of “the time for which [she] was elected, or until January 2013.”

[one...two...tree 2,762]

Is judiciary still independent or are they in Obama pocket? We shall see!

The emoluments argument goes like this: when the compensation for a certain cabinet position increases, all members of the Congress in office during the time of the increase shall be disqualified from later holding that position.

According to several academics, the Emoluments Clause is in play because the Secretary of State got a cost-of-living adjustment in January of this year, at which time Hillary Clinton was a senator from New York. As John O'Connor, the author of an 1995 Hofstra Law Review article on the Emoluments Clause, put it in December: "nder a straightforward application of the Emoluments Clause, Senator Clinton is ineligible for appointment as Secretary of State because the emoluments of that office "have been increased" during Senator Clinton's current Senate term, and this disability continues until the end of "the time for which [she] was elected, or until January 2013."

I really hope the windbags of the Right will pursue this. They are pushing themselves further into a corner which they're going to have a hell of a time getting themselves out of.

[Pooky 3,929]

I guess this is why lawyers get to charge exorbitant fees - because they get to decipher all the legalese they wrote in the first place simply to confuse the rest of us, and make themselves look good doing it.

[Two Face 0]

I really hope the windbags of the Right will pursue this. They are pushing themselves further into a corner which they're going to have a hell of a time getting themselves out of.

Good, conservative judges remain on the bench. Your liberal ideological pollution has not been completed. You have not won yet.

[one...two...tree 2,762]

I really hope the windbags of the Right will pursue this. They are pushing themselves further into a corner which they're going to have a hell of a time getting themselves out of.

Good, conservative judges remain on the bench. Your liberal ideological pollution has not been completed. You have not won yet.

Even if the Gobstoppers pull this one off, they will lose in the court of public opinion...IMO of course.

[Two Face 0]

I really hope the windbags of the Right will pursue this. They are pushing themselves further into a corner which they're going to have a hell of a time getting themselves out of.

Good, conservative judges remain on the bench. Your liberal ideological pollution has not been completed. You have not won yet.

Even if the Gobstoppers pull this one off, they will lose in the court of public opinion...IMO of course.

Right and wrong is always the greater struggle. We are content to leave the battle over public opinion to the trash peddlers.

[I AM NOT THAT GUY 5,715]

Good one Steve!

[Mr. Big Dog 10,747]

Oh my...the Right Wingers are DESPERATE, SAD, LITTLE PEOPLE...

[mawilson 2,133]

Article I, section 6 of the U.S. Constitution provides:

"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."

No problem because Hillary is a she, not a he

[SMR 368]

This whole thing is really old news. It was talked about as soon as she was nominated. The precedent has been that she can be SOS as long as she receives the pre-raise salary, which is what she is doing. Did anybody think that Hillary was the first member of congress ever to be nominated to a cabinet position that had recently gotten a raise? Considering how often everyone gets raises in Washington, there is a long precedent for this.

This really isn't a fight worth fighting.

[Mr. Big Dog 10,747]

This whole thing is really old news. It was talked about as soon as she was nominated. The precedent has been that she can be SOS as long as she receives the pre-raise salary, which is what she is doing. Did anybody think that Hillary was the first member of congress ever to be nominated to a cabinet position that had recently gotten a raise? Considering how often everyone gets raises in Washington, there is a long precedent for this.

This really isn't a fight worth fighting.

Again,

[HAL 9000 96]

Hilarious. Keep it going guys!