Senator Hillary Clinton’s Appointment as Secretary of State Unconstitutional

Barck Obama today named Senator Hillary Clinton as his choice for Secretary of State. But Senator Clinton’s appointment to that office is unconstitutional. Article One, Section Six states:

“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; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.”

As a so-called Constitutional scholar, surely Mr. Obama is aware of this prohibition. No doubt, though, he or his attorneys will fight any challenge to this appointment just as they have with the natural born citizen challenges. I am beginning to believe that Mr. Obama’s primary objective in studying the Constitution was to learn how to get around it. Haven’t we had enough of the Executive Branch trampling the Constitution?

Further coverage of this topic at L.A. Times, CNN and World Net Daily.

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4 Comments on “Senator Hillary Clinton’s Appointment as Secretary of State Unconstitutional”

  1. eloim Says:

    Well if this story has any legs, that’s what conformation hearings are for. I think this is a pile BS personally but then again I am no constitutional lawyer.
    I think the point here seem to be that a person cannot hold office while elected as a representative. Hillary will resign her senate seat before the conformation hearings so all the legal hurdles will be cleared.

  2. eloim Says:

    For an alternate view on the Hillary nominaion, check out http://daily44.wordpress.com


  3. […] Senator Hillary Clinton’s Appointment as Secretary of State Unconstitutional […]

  4. 13oclock Says:

    Interesting stuff on that link, eloim. Thanks!


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