Skip to comments.Judicial Watch Asks Court to Declare Clinton Constitutionally Ineligible to Serve as Sec. of State
Posted on 07/08/2009 9:36:54 AM PDT by BGHater
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Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that on July 2 it filed a motion with a special panel of three federal judges in the District of Columbia asking the court to declare Hillary Clinton ineligible to serve as Secretary of State. The Judicial Watch lawsuit, filed on behalf of a U.S. Foreign Service Officer and State Department employee David C. Rodearmel, maintains that the "emoluments clause" of the U.S. Constitution prohibits Mrs. Clinton from serving as Secretary of State until January 2013, and that Mr. Rodearmel cannot be forced to serve under the former U.S. Senator, as it would violate the oath he took as a Foreign Service Officer in 1991 to "support and defend" and "bear true faith and allegiance" to the Constitution of the United States (Rodearmel v. Clinton, et al., (D. District of Columbia)).
Government lawyers had previously filed a motion to dismiss the lawsuit. Judicial Watch filed an opposition to the motion to dismiss, as well as a "cross motion for summary judgment."
According to Article I, Section 6 of the U.S. Constitution: "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." The text of the provision is an absolute prohibition and does not allow for any exceptions. However, as noted in the motion, "the 'compensation and other emoluments' of the office of the U.S. Secretary of State increased during Mrs. Clinton's tenure in the U.S. Senate, including as many as three times during the second, six-year term to which she was elected."
Congress attempted to circumvent this constitutional provision by "rolling back" compensation for the position of Secretary of State to the level in effect on January 1, 2007, when Mrs. Clinton's second term in the Senate began. The motion maintains: "This [fix] does not and cannot change the historical fact that the 'compensation and other emoluments' of the office of the U.S. Secretary of State increased during Mrs. Clinton's tenure in the U.S. Senate." Judicial Watch also notes that throughout the nation's history, "the Ineligibility Clause was readily understood and applied consistent with its plain language." Only relatively recently have government officials attempted to get around this constitutional provision through legislative quick fixes.
"Congress must not be allowed to do an end run around the U.S. Constitution," said Judicial Watch President Tom Fitton. "Hillary Clinton is ineligible to serve as Secretary of State until 2013. The Constitution is crystal clear on this point. We hope the court puts a stop to this naked attempt to circumvent the Constitution in the name of political expediency."
I had to edit title to fit into title header.
'Judicial Watch Asks Court to Declare Hillary Clinton Constitutionally Ineligible to Serve as Secretary of State'
Good luck. This will attract as much interest and attention as Barry’s nationality and birth certificate.
Three cheers for Judicial Watch!
A man not eligible to serve as POTUS. A woman not eligible to serve as Secy of State. Both are RATS. Both are corrupt, contemptible creatures that are prime examples of the adage “sh*t does indeed float”.
at this point Hil will likely shake their hand and thank them for this
Yeah, the Constitution is such a petty annoyance these days.
This administration & Congress are circumventing the Constitution on a daily basis....let me count the ways!!
Hope they get zapped on this one - with many more to follow, in order to put a stop to this.
This is a wasted effort. The law and constitution only applies to us lesser beings, not the ruling class.
Hillary is ineligible. Hadn’t heard that one before.
The Bigger Pink Elephant in the Room is still that Obama is ineligible. If and when that gets out, the biggest fraud ever perpetrated...the curse “may you live in interesting times” will really kick in to high gear.
I’m sorry, but after all the Klayman Era Judicial Watch Press Releases, you’ll forgive me if this one doesn’t get the same response as a headline stating “The Sky is Blue” would recieve.
Good luck. This will attract as much interest and attention as Barrys nationality and birth certificate.
I would rather they leave her alone and go after Obama. She is just illegal for a few years...He is “illegal” for life and is in the highest position in the United States.
Where is the F.B.I. ????!!!!!
It stands for F’n Bureau of INCOMPENTENTS ! ! !
Another try to get Hillary. What ever became of those lawsuits? It has been a while since you have posted anything. Something must be simering.
As well as the judicial system including the Supreme Court!!!!
Reads as if it really is ILLEGAL for that sorry witch to head our State Department.
Haven’t any of you heard? The Constitution is a living, breathing document, continually evolving and re-inventing itself. It’s an on-going conversation among the American people.
This problem was brought up prior to her actually being nominated as Secretary of State. So lets not place all the blame on the Democrats. Not a peep was heard from any Republican Representative or Senator. That's the problem.
We expect corrupt behavior from the Democrats, so who will protect our interests?
Republicans? Quite obviously not!!!
“Republicans? Quite obviously not!!!”
They’re all playing the game of avaricious self-interest, and they’re playing it with our money. We all know that, right?
Once Hillary resigned she no longer was a “Senator or Representative” so I doubt it applies. It seems the law was intended to keep congresscritters from serving in the House or Senate and in a Federal capacity at the same time.
Judicial Watch’s fund raising must be hurting. Time to sucker naive conservatives with more pointless red-meat lawsuits. “Yes. We are going to stop Hilary. So keep those dollars coming folks!”
It would have more fitting if they had included PINO, the illegal alien and usurper occupying the White House, circumventing the Constitution!!!
It might be of some help if the spineless Republicans would take a stand for us. Sadly, I think we are on our own.
Sure seems to be that way. Jacko’s funeral seems far more interesting to the media and public than truly important issues.
Judicial Watch is like Al Sharpton and Jessie Jackson with a law degree