Posted on 09/14/2009 11:40:33 AM PDT by Velveeta
Im not sure I follow this.
Under Clinton the secretary of defense was a republican and I believe an elected Senator who had not completed his term.
YOU have other examples of elected officials serving on cabinet or other posts. Mitch Mcconnell? Doesnt he apply?
***
The Constitution says that a sitting Senator cannot be appointed to an office that was:
1. Created.
or
2. An exisiting position that had its salary increased.
Presumably, because the Senator would have had to have voted on the creation of the position or the increase of salary thereof.
The Constitution further dictates that the applicable time this covers is the length of the Senator’s current term. Since Hillary was elected in 2006, the applicable period would be until January 3, 2013 - or there abouts ...
As for Clinton’s Sec. of Defense, the position was not created - nor was it’s salary increased prior to the Senator’s appointment.
Ask Web Hubble...
Ok. THen she simply agrees to work for a salary commensurate with what she was making as a senator. CASE DISMISSED.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.