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Diplomat David Rodearmel has filed a lawsuit seeking to overturn Hilary Clinton's appointment as Secretary of State on the grounds that it violates the Constitution's emoluments clause.
For decades, politicians have been using various devices to do an end run around the Constitutional provision that, if Congress enacts any law that increases the salary of an administrative position, then no Congressman or Senator is eligible for that office until his or her term expires. Congress' favorite method of doing this end run has become to be known as the Saxby Fix. The lawsuit seeks to find the Saxby fix, along with all other devices used to circumvent the Constitutional provision of emoluments, unconstitutional.
For me, this is a good lawsuit. Call me nit picking if you want to, but I believe, as a strict constructionist, that the Constitution is exactly what it is, and can only be changed by amending it.
Article is here.
For decades, politicians have been using various devices to do an end run around the Constitutional provision that, if Congress enacts any law that increases the salary of an administrative position, then no Congressman or Senator is eligible for that office until his or her term expires. Congress' favorite method of doing this end run has become to be known as the Saxby Fix. The lawsuit seeks to find the Saxby fix, along with all other devices used to circumvent the Constitutional provision of emoluments, unconstitutional.
For me, this is a good lawsuit. Call me nit picking if you want to, but I believe, as a strict constructionist, that the Constitution is exactly what it is, and can only be changed by amending it.
Article is here.
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