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Clinton's eligibility, IV
Stubborn Facts — Eugene Volokh picks up on Hillary's eligibility problem. I don't have much to add to my previous posts on the subject (here, here and here; not for the first time, we were way ahead of the curve on this one, posting fully ten days before Volokh and Instapundit got in on the act). I'll add this much: I've seen it asserted that Clinton can escape by resigning, because the clause says that "[n]o Senator ... shall, during the time for which [s]he was elected, be appointed" etc. To me, it seems obvious that allowing resignation to cure the problem ...

POLITICS: New York Senate Shuffle
Baseball Crank — So, assuming Hillary Clinton is, in fact, leaving the Senate to become Secretary of State (and assuming, see here, here and here, that she can Constitutionally take the job), that sets off the next round of political merry-go-round for New York: who will be appointed by Governor David Paterson to replace her? Recall the setting. Hillary was re-elected in 2006, defeating Yonkers Mayor John Spencer; her term would be up in 2012, but Gov. Paterson gets to nominate a replacement, who would then face the voters in a special election in 2010. Gov. ...

The Empire State Shuffle
RedState: Conservative News and Community — Hillary Clinton as Secretary of State Could Set Off A Game of Musical Chairs So, assuming Hillary Clinton is, in fact, leaving the Senate to become Secretary of State (and assuming, see here, here and here, that she can Constitutionally take the job), that sets off the next round of political merry-go-round for New York: who will be appointed by Governor David Paterson to replace her? Recall the setting. Hillary was re-elected in 2006, defeating Yonkers Mayor John Spencer; her term would be up in 2012, but Gov. Paterson gets to ...

Is Secretary of State Clinton unconstitutional?
Power Line — ... On questions of constitutional law, Professor Michael Stokes Paulsen has long since established himself as one of our foremost authorities, and perhaps the wittiest. Eugene Volokh has now posted Professor Paulsen's thoughts on the esoteric constitutional question raised by the prospective appointment of Senator Clinton to serve as Secretary of State. Professor Paulsen writes: ...

Dissecting Leftism — ... Hillary Clinton as Secretary of State would be unconstitutional: "The Emoluments Clause of Article I, section 6 provides "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." As I understand it, President Bush's executive order from earlier this year "encreased" the "Emoluments" (salary) of the office of Secretary of State. Last I checked, Hillary Clinton was an elected Senator ...