Apparently there is a slight hitch in the appointment of Hillary Clinton as Secretary of State. It appears that she is disqualified by a little thing called the Constitution (via Eugene Volokh):

Hillary Clinton and the Emoluments Clause:

There’s been talk about whether Sen. Hillary Clinton is disqualified from a position as Secretary of State by the Emoluments Clause:

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 ….

Apparently the salary for Secretary of State was increased during Clinton’s term and that would seem to disqualify her for the position. There’s quite a debate on the topic among Constitutional scholars so if you’re interested just follow the link to Volokh.

I don’t expect this will make any difference in the confirmation process, but you can expect Republicans to make a big deal out of it. If I understand this right, she didn’t vote on anything that raised the salary; it was done by executive order. I think the clause is ambiguous enough that it would be hard to disqualify her. Obama wants her as Secretary of State and I think he should get her. He may regret it, but that is for another post.

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