The Constitution May Block Hillary as Secretary of State

The Washington Post notes:

Article One, Section Six, also known as the emoluments clause. ("Emoluments" means things like salaries.) It says that no member of Congress, during the term for which he was elected, shall be named to any office "the emoluments whereof shall have been increased during his term." This applies, we're advised, whether the member actually voted on the raises or not.

You can see where this is going. Oh, maybe person X voted on raising the salary of Secretary of whatever. There could be a slight conflict of interest there.

But come on. In Hillary Clinton's case, during her current term in the Senate, which began in January 2007, cabinet salaries were increased from $186,600 to $191,300. That's not even $5,000.

During Richard Nixon's administration, a similar event occurred, in the case of Ohio Sen. William Saxbe (R), who he wanted as attorney general. Saxbe was in the Senate in 1969 when the AG's pay was raised.

How to get around it? Lower the salary, of course.

But the Washingon Post points out that although this has happened in the past, Dems have been against it.

In the Saxbe case, 10 senators, all Democrats, voted against the ploy on constitutional grounds. Sen. Robert C. Byrd (D-W.Va.), the only one of them who remains in the Senate, said at the time that the Constitution was explicit and "we should not delude the American people into thinking a way can be found around the constitutional obstacle."

Somehow I don't think there will be opposition to it this time, if they choose to do this, but until they do: no Hillary as Secretary of State.