Has anyone read Article 1, Section 6 of the U.S. Constitution?

[Infinite Hope]

As they've been saying, it looks like Hillary cannot become Secretary of State. Even if nominated (I don't and all along haven't believed Obama will nominate her) she will likely be filibustered by one of the more conservative Republicans and they'll raise a constitutional battle which will damage Obama's reputation. Obama won't travel that road. He'll nominate Wesley Clark or Bill Richardson.

[polichick]

1. Or John Kerry.

[question everything]

9. Doesn't Kerry fall under the same "restrictions?"

whatever they are?

[polichick]

10. If he voted for the SOS pay increase - don't know if he did.

[Occam Bandage]

11. It doesn't matter if he voted for it.

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.

Not that it matters. Saxbe fix and all.

[polichick]

16. Then Kerry is in the same position. Funny little clause, but I get what they were thinking.

[PBS Poll-435]

20. Thought that the Cabinet raises were by Executive Order this time around

:shrug:

[polichick]

21. Were they? I must admit to paying no attention to things like that.

[Occam Bandage]

2. Saxbe fix. They just lower the salary back to where it was. First done by Taft in 1909.

http://en.wikipedia.org/wiki/Saxbe_fix

[question everything]

15. Thank you for the link

Several days ago, when this board was hoping with the usual Hillary haters threads about Constitutional law, etc. I asked what was that about. I also expressed my confidence that both Obama and Hillary are intelligent, smart people who know what they are doing.

Instead of that smug OP about "reading the Constitution," someone - you - should start a thread asking DUers whether they know the Saxbie Fix.

But, hey, facts and reasons are not known to be the guiding line here.

Sigh.

[JVS]

3. No. Nobody reads that.

Get yourself the Cliff Notes

[rug]

4. Don't forget to cite Article 3, Section 3.

[S_E_Fudd]

5. She will be nominated...

Probably Monday...possibly later in the week...

The so-called "constitutional problem" is a wet dream of Hillary detractors...

She will sail through the confirmation process

[polichick]

7. Just as the done deal is a wet dream of Hillary supporters and pundits.

[Occam Bandage]

13. I'm by no means a Hillary supporter.

I have no idea how the negotiations between Obama and HRC are going, but I do know that if he wants her as SoS, and if she wants the job, there will be no further roadblocks.

[polichick]

14. I agree - if he chooses her, he'll have an answer to this Constitutional kink.

[SwampG8r]

17. i remember when theVP slot was a "done deal"

[polichick]

18. Me too. imo this is the same situation - she is one of several he's considered.

[gravity]

19. The VP slot was never a done deal

It was just a few in the media trying to stir up drama in the Democratic party.

[polichick]

22. Seems like the same thing happening now - sure hasn't been announced.

[gravity]

24. I bet money against my friend that Hillary wasn't going to be VP

I would take the opposite position this time. The situation isn't the same.

[polichick]

25. I wouldn't bet on it - there's a reason Richardson wasn't announced last week.

[SwampG8r]

26. i hope you are right

he is perfect for state

[sabbat hunter]

6. simplely

People have gone from the Senate before to working in the executive branch, so there is no constitutional crisis.

[GarbagemanLB]

8. It is amazing watching people so deep in denial. She is going to be nominated and no Republican

will stop her. This sort of situation has happened before and there is a way around it.

This denial is almost like the Hillary supporters who couldn't admit it was over going into the later months in Spring.

[Perky]

12. I am not Hillary fan. But she will be nominated and be confirmed by voice vote. It's a lock! n/t

[BzaDem]

23. Can't wait to see your reaction when she is nominated. n/t

[TexasObserver]

27. Bet all your money on Wes Clark. Then you'll stop thinking Wes Clark will in the Cabinet.

PS. You're wrong about the law, too.