Singing Loudly: Hillary Clinton Unconstitutional?

Singing Loudly

Tuesday, December 02, 2008

Hillary Clinton Unconstitutional?

Larry Tribe makes an interesting argument that a textualist interpretation of the Constitution could spell bad news for H. Clinton.

The claim is such:

The Emoluments Clause unambiguously precludes the appointment of any "Senator or Representative . . . , during the Time for which [s]he was elected, . . . 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 . . . . ," a prohibition that those who advocate this view assert manifestly covers the appointment of Senator Hillary Clinton inasmuch as the salary fixed for the Office of Secretary of State was indeed increased by an Executive Order promulgated in January 2008, during the "Time for which [s]he was elected."

Tribe ultimately concludes that her appointment would not be unconstitutional.


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