Suitably Flip

Hillary's Emolumental Problem

Barack Obama's nomination of Clinton to be Secretary of State may invite a Constitutional rowdydow.

Perhaps not the best way to begin his term.

Doesn't Barack Obama, a graduate of Harvard Law School, know the constitution? From the Washington Post-

Even if the vetting problems involving former president Bill Clinton's finances can be resolved, Sen. Hillary Rodham Clinton may face another roadblock on her way to the secretary of state's chair.

It's called the Constitution of the United States, specifically, Article One, Section Six, also known as the emoluments clause. ("Emoluments" means things like salaries.) It says that no member of Congress, during the term for which he was elected, shall be named to any office "the emoluments whereof shall have been increased during his term." This applies, we're advised, whether the member actually voted on the raises or not.

In Clinton's case, during her current term in the Senate, which began in January 2007, cabinet salaries were increased from $186,600 to $191,300.

Is the erstwhile Constitutional Law professor instructor unaware of this restriction?  Or was he planning to ask Congress to lower Hillary's salary to $186,600, the way Nixon did for his Attorney General appointee William Saxbe in 1973?  Or is it a shrewd plan to appear magnanimous, then reluctantly acknowledge he can't appoint his former rival after all?

Based on a friend of mine who suffered through Obama's Con Law class at Chicago Law and labels him "the worst teacher I've ever had," I'm going to go with door #1.

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Hillary's Emolumental Problem

Barack Obama's nomination of Clinton to be Secretary of State may invite a Constitutional rowdydow.

Perhaps not the best way to begin his term.

Doesn't Barack Obama, a graduate of Harvard Law School, know the constitution? From the Washington Post-

Even if the vetting problems involving former president Bill Clinton's finances can be resolved, Sen. Hillary Rodham Clinton may face another roadblock on her way to the secretary of state's chair.

It's called the Constitution of the United States, specifically, Article One, Section Six, also known as the emoluments clause. ("Emoluments" means things like salaries.) It says that no member of Congress, during the term for which he was elected, shall be named to any office "the emoluments whereof shall have been increased during his term." This applies, we're advised, whether the member actually voted on the raises or not.

In Clinton's case, during her current term in the Senate, which began in January 2007, cabinet salaries were increased from $186,600 to $191,300.

Is the erstwhile Constitutional Law professor instructor unaware of this restriction?  Or was he planning to ask Congress to lower Hillary's salary to $186,600, the way Nixon did for his Attorney General appointee William Saxbe in 1973?  Or is it a shrewd plan to appear magnanimous, then reluctantly acknowledge he can't appoint his former rival after all?

Based on a friend of mine who suffered through Obama's Con Law class at Chicago Law and labels him "the worst teacher I've ever had," I'm going to go with door #1.