Article One, Section 6, of the U.S. Constitution says, “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 encreased during such time.”
On December 31, 2009, a foreign service officer asked the U.S. Supreme Court to hear his appeal in a case that argues that Hillary Clinton may not serve as Secretary of State, because she was in the U.S. Senate when the salary of the Secretary of State was increased by Congress. Clinton was a U.S. Senator from New York from 2001 through early 2009. The case is Rodearmel v Clinton, 09-797. The lower court, a 3-judge U.S. District Court, had ruled that the plaintiff does not have standing. The government’s defense has been that in 2009, when Hillary Clinton was appointed Secretary of State, that Congress had immediately passed a new bill, lowering the salary of the Secretary of State down to what it had been. Thanks to Bill Van Allen for this news. The government’s response to the U.S. Supreme Court filing is due February 4.
Rodearmel is represented by Judicial Watch. See its web page here for more about this case.
