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Author Topic: Somebody please 'splain it to me how Hillary can be SecState  (Read 5239 times)
vaskidmark
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« on: December 01, 2008, 10:34:08 AM »

Obama announces he wants the Senate to confirm Hilary as Secretary of State for his administration.  That part I got.

But 'splain this to me, because I must be stupid.

Quote
http://www.law.cornell.edu/constitution/constitution.articlei.html#section6

Section 6. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place.

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 increased during such time: and no person holding any office under the United States, shall be a member of either House during his continuance in office.


The pay of SecState was raised by the current Congress.  Hillary, being a Senator, was a member of the Congress which raised the pay of SecState.  The time for which she was elected will not have expired prior to Jan 20, 2009.

So, again, how does she qualify to hold the office?  I can't find anything in print or on the web explaining how they are getting around it.  Please -- someone 'splain it to me.

stay safe.

skidmark
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longeyes
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« Reply #1 on: December 01, 2008, 10:37:14 AM »

You're not stupid, you just ask too many questions...   grin
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Molon Labe.
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« Reply #2 on: December 01, 2008, 11:18:16 AM »

She is the President elect's intended designate for the office.

The President elect is not an office, despite anything the sign tacked on the front of his podium reads. Her respective designation will not occur until she is confirmed by the senate, though she can be the acting Secretary of State at high noon on January 20th.

Until then, she may continue on as the Honorable Senator representing New York (City).
« Last Edit: December 01, 2008, 07:11:36 PM by Don't care » Report to moderator   Logged
Zardozimo Oprah Bannedalas
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« Reply #3 on: December 01, 2008, 12:06:04 PM »

It's happened many times before under various presidents, IIRC. That part of the law is practically a dead letter. Nixon, Taft, and Clinton got around it. Pretty sure there were others.
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HankB
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« Reply #4 on: December 01, 2008, 12:40:26 PM »

Constitution? What's that?  rolleyes

They've skated around it in the past by limiting the cabinet appointee's salary to the previous salary for the office, not the increased one that took place during the legislator's term.

This is not actually allowed for in the Constitution and in fact a number of democrats voted against, IIRC, a Nixon appointee on constitutional grounds, citing this very issue.

But then of course, believing that the Constitution actually means what it says, I figure that a good part - probably the larger part - of the Federal government is operating in contravention of the Constitution anyway . . .  undecided
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« Reply #5 on: December 01, 2008, 01:58:51 PM »

Just because the position can pay up to a certain amount doesn't mean it has to.  She can accept a lower rate of pay.  That doesn't make it suck any less that she will have the position but it does make it legal.
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fistful
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« Reply #6 on: December 01, 2008, 02:31:42 PM »

Somebody called a radio show today, and opined that he hired Hillary, just to get her out of the Senate and then fire her.   grin
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ArfinGreebly
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« Reply #7 on: December 01, 2008, 03:12:23 PM »

Funny, I was at lunch and overhead that.

It's not the first time a rival has been appointed to SecState to neutralize him.

It would be two phunny if the "extract from senate, wait six months, dismiss for whatever reason" model actually came to pass.

Of course, Hill could conceivably run for the senate again later, for whatever good that would do.

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Who could it be?


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« Reply #8 on: December 01, 2008, 03:40:41 PM »

Easy.  She's nominated by the President (elect) and then his or her nominee is confirmed by congress.

Oh, she can also accept less pay for the job.

Hopefully she's denied, adn then Obama can appoint someone actually qualified.

You hafta admit, it's a brilliant plan to keep her and Bill under his thumb, though.
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« Reply #9 on: December 01, 2008, 03:44:54 PM »

Depending on how badly the next 12 - 18 months go, you may likely see HRC resign, and start gearin up for 2012.  I don't think she has ever put that ambition aside, she just took some very bad tasting and unwelcome medicine, courtesy of BHO, and is now triangulating away and figuring the odds of being able to knock off the sitting Prez. in the primaries.

Jeff B.
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longeyes
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« Reply #10 on: December 01, 2008, 04:30:27 PM »

The man who fires Hillary Clinton will live an interesting life.

I wouldn't recommend it, even to an enemy.
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« Reply #11 on: December 01, 2008, 04:32:27 PM »

Living, breathing Constitution?

Or dying, wheezing Constitution?

Honored in name only?  More and more, every day, it looks that way.
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"Domari nolo."

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Fly320s
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« Reply #12 on: December 01, 2008, 06:52:10 PM »

It's a good thing I'm not a lawyer.  I read this:
Quote
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 increased during such time: and no person holding any office under the United States, shall be a member of either House during his continuance in office.
and interpret it as saying that no Senator or Representative may be appointed to any civil office if that Sen/Rep had a hand in creating it or raising the benefits.  I don't read it as saying that Hillary can accept the position so long as she doesn't accept the pay.
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RaspberrySurprise
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« Reply #13 on: December 01, 2008, 10:15:43 PM »

Quote
I don't read it as saying that Hillary can accept the position so long as she doesn't accept the pay.

And I'd say you're right.
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Look, tiny text!
Paragon
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« Reply #14 on: December 02, 2008, 08:43:38 AM »

Apparently this is how they're getting around it:

http://en.wikipedia.org/wiki/Saxbe_fix#Recent_examples

Basically, roll back the salary.
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fistful
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« Reply #15 on: December 02, 2008, 02:45:57 PM »

The man who fires Hillary Clinton will live an interesting life.

I wouldn't recommend it, even to an enemy.


How about the man who snatches away her coronation as Dem. presidential nominee?  What would happen to him?   rolleyes
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