Hillary to head State: Is it constitutional?

http://worldnetdaily.com/index.php?fa=PAGE.view&pageId=82374

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The second clause of Article 1, Section 6, of the Constitution reads, "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."

DurClinton's current term in the Senate, the salary for Cabinet officers was increased from $186,600 to $191,300. Since the salary is scheduled to again be raised in January 2009, not only Clinton but all sitting Senate members could be considered constitutionally ineligible to serve in Obama's Cabinet.
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Andrew Malcolm, whose blog is featured by the Los Angeles Times, however, believes the Constitution needs to be strictly followed.

"We're not lawyers. But we do speak English," Malcolm writes. "And to our eyes that constitutional clause doesn't say anything about getting around the provision by reducing or not benefiting from the increase of said 'Emoluments.'"

Malcolm continues, "It flat-out prohibits taking the civil office if the pay has been increased during the would-be appointee's elected term. Period. Which it has."

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