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Clinton's eligibility, III
Stubborn Facts — ... AdamB at Daily Kos chips in several useful points. He offers further evidence of the clause's purpose from Madison's notes; I generally eschew reliance on the drafting history of the Constitution for reasons discussed in ...

Hillary Ineligible for Cabinet Post?
Politics Daily — Filed under: Hillary Clinton, Democrats, Barack Obama, 2008 President, Obama Administration It seems eligibility is in the news today. Via Instapundit, I read two articles, one at DailyKos and one at The Volokh conspiracy, regarding Hillary Clinton's eligibility to serve as Secretary of State for the Obama administration. My reading of the story online indicates the source of the story was the DailyKos blog. The source of the issue is something called the Emoluments Clause, which is a clause in the ...

Hillary Clinton and the Emoluments Clause:
The Volokh Conspiracy — 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 .... Adam Bonin's Daily Kos blog has a bit more on this, but the short version is that a ...

In Which Blogger Boys Discover That Politicians Say a Lot of Things...and Don't Always Do Them
Shakesville — ... thinkers are having a hard time processing the emerging reality that Barack Obama isn't Progressive Jesus after all. Which in turn suggests that they had their heads way up their asses during the campaign.* Case in point: The NY Times is saying that Hillary Clinton is preparing to resign her Senate seat because she has already accepted Barack Obama's offer to become the Secretary of State. Some of the blogospheric responses to this development have been truly hilarious. Maybe they're just disillusioned ...

Unconstitutional, like Bentsen?
Ben Smith's Blog — ... At issue is Article I, Section 6, which says "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." That is, if the Cabinet, or other, post got a pay hike during the term of the senator, the senator couldn't take the job. During Clinton's Senate term, Bush raised the Cabinet's pay. ...