The Washington Times
  • Subscribe
  • Times News Services
  • RSS
  • Mobile Headlines
  • e-edition
  • E-MAIL ALERTS
  • REGISTER
  • LOG IN
  • E-MAIL ALERTS
  • WELCOME
  • Your Profile
  • Log Out
  • Front Page Image
  • Classifieds
  • Autos
  • Real Estate
  • Jobs
  • Special Sections
  • Customer Service
  • Home
  • News
  • Opinion
  • Sports
    • NFL
    • NBA/WNBA
    • MLB
    • NHL
    • Tennis
    • Golf
    • Motorsports
    • Soccer
    • NCAA
    • Olympics
    • Outdoors
    • Other
  • Culture
    • Home & Living
    • Family & Kids
    • Fashion
    • Food
    • Travel
    • Health
    • Washington Visitors
    • Books
    • Military History
    • Life
    • Auto
    • TV Listings
    • Movie Listings
    • Death Notices
    • Entertainment
  • Themes
  • Communities
  • Marketplace
    • Autos
    • Jobs
    • Real Estate
    • Classifieds
    • Shopping
    • Dining Out
    • Education
    • TWT Store
  • Videos
    • Two Guys
    • Birnbaum on Washington
    • Liz Glover
    • Amanda Carpenter
    • Morning Briefing
    • Documentaries
    • Joe Giganti
    • Video Game Minute
  • Podcasts
    • About Headlines
    • Audio and Radio
    • America's Morning News
  • Security

    Army chief wary of backlash against Muslim soldiers

  • Sports

    Offense erupts in Caps' victory

  • National

    KUHNHENN: 10% jobless rate is Obama's troubling world

  • World

    Joint forces probe NATO air strike

  • National

    Fla. shooting suspect 'mentally ill'

  • Business

    Parents buying homes for kids at college

  • Politics

    Looking to 2010, GOP focuses on fiscal restraint

Home » Blogs

Wednesday, December 3, 2008

Challenge: Clinton can't serve as secretary of state

Rate this story

Average 0.00
after 0 votes
Login or register to rate this story

Group cites ineligibility clause

  • Font Size -+
  • Print
  • Email
  • Comment
  • Tweet this!
  • Share
  • Article
  • Comments ()
  • Click-2-Listen
  • Videos
Please stand by, images loading!
  • Clinton

More Blogs Stories

    By Christina Bellantoni

    UPDATED:

    CHICAGO | President-elect Barack Obama is set to name New Mexico Gov. Bill Richardson as his secretary of commerce on Wednesday morning, finalizing more Cabinet selections as a government watchdog group challenges the eligibility of one of his top nominees.

    Judicial Watch on Tuesday filed a complaint charging Sen. Hillary Rodham Clinton is constitutionally ineligible to serve as secretary of state because of an obscure clause that no member of Congress can be appointed to an office that received a salary increase during the time the member was serving.

    "No public official who has taken the oath to support and defend the Constitution should support this appointment," Judicial Watch President Tom Fitton said.

    But Senate Majority Leader Harry Reid plans to submit a resolution for a fix that has been used previously under President Nixon and President Clinton.

    Citing the ineligibility clause in Article I, section 6 of the Constitution, Judicial Watch asserts that a January 2008 executive order signed by President Bush during Mrs. Clinton's current Senate term increased the secretary of state's salary from $186,600 to $191,300, making Mrs. Clinton ineligible for the position.

    Reid spokesman Jim Manley said there is "ample precedent" for the Senate to support his boss' proposal.

    "There is nothing new here," he said. "The fact is, this has happened several times before."

    The Obama transition team did not respond to several requests for comment, and a law professor waved off the argument.

    "There's not much question they have accurately stated the language of the Constitution, but the question is what do you do about it," said Jesse H. Choper, an Earl Warren professor of public law at the University of California, Berkeley.

    [Get Copyright Permissions] Click here for reprint permissions!
    Copyright 2009 The Washington Times, LLC

    12Next »

    Post a comment

    There are comments on this article, submit your opinion!

    Please login or register to post a comment

    Ask a Question

    You Report

    Do you have another point of view, photos, audio, video or more information about a story?

    Top Stories

    Most Read

    1. EXCLUSIVE: Rare virus poses new threat to troops
    2. Sniper's ex-wife speaks out on abuse
    3. PRUDEN: Corpse sits up, gets nice salute
    4. Inside the Beltway
    5. Parents buying homes for kids at college
    More Top Stories »
    1. Armored troop carriers called unsafe for duty
    2. 13 killed at Texas army base; psychiatrist accused
    3. Aborted fetus cells used in beauty creams
    4. Army: Suspect said 'Allahu Akbar!' before shooting
    5. House OKs health reform bill

    Most Shared

    1. Parents buying homes for kids at college
    2. EXCLUSIVE: Rare virus poses new threat to troops
    3. EDITORIAL: Too scared to recognize terrorism
    4. Sunshine vitamin stirs new debate
    5. Aborted fetus cells used in beauty creams
    More Top Stories »
    1. Israelis unsure of U.S. support
    2. Obama's unlearned lesson
    3. Looking to 2010, GOP focuses on fiscal restraint
    4. EDITORIAL: The negative Obama factor
    5. EDITORIAL: Obama has a 'Pet Goat' moment

    Most Commented

    1. House OKs health reform bill
    2. Muslims stunned by Fort Hood shooting
    3. Furious scramble for health reform support
    4. EDITORIAL: Too scared to recognize terrorism
    5. 'Gentle' Army psychiatrist displayed worrisome signs
    More Top Stories »
    1. Obama praises those who ended Fort Hood violence
    2. Army: Suspect said 'Allahu Akbar!' before shooting
    3. EXCLUSIVE: Rare virus poses new threat to troops
    4. Israelis unsure of U.S. support
    5. Making fun of faith

    Listen to Washington Times Radio

    • America's Morning News

      with John McCaslin and Melanie Morgan

    Blogs & Columns

    • POTUS Notes

      New Dem talking point on Obama approval doesn't wash

    • The Back Story

      12 arrested at Pelosi's office

    • Belief Blog

      Washington goes Greek this week

    • Out of Context

      Foods that might kill libido

    • Technology

      Facebook wins round against phishing spammer

    • On the Fly

      United lifts some 'award' blocking

    • Redskins 360

      Mitchell, Henson are active

    • Tara's Two Cents

      On their way to summer vacation..

    • SNOBlog

      Beyond 'Woody'

    Videos

    Advertising Links
    TWT Store
    • e-edition
    • Print Edition
    • Weekly Washington Times
    TWT Affiliates
    • Middle East Times
    • Golf
    • UPI
    • Arbor Ballroom
    • Washington Times Global
    • About TWT
    • Press Room
    • F.A.Q.
    • Work for TWT
    • Advertise
    • Sponsors
    • Contact Us
    • Privacy Policy
    • Site Map

    All site contents © Copyright 2009 The Washington Times, LLC.