Clinton selection could face court challenge

December 12th, 2008 - 6:44 pm ICT by ANI  

Washington, Dec.12 (ANI): A conservative watchdog group is considering litigation to prevent Hillary Clinton from becoming the next Secretary of State, saying Congress action Wednesday to clear a legal hurdle for her nomination runs counter to the Constitution.
Politico quoted Judicial Watch as saying that Clinton is ineligible to serve as Secretary of State because the Constitution prohibits members of Congress from being appointed to an office that saw a pay increase during their time in office.
In January 2008, President Bush signed an executive boosting Cabinet secretaries pay to 191,300 dollars.
But on Wednesday night, both houses of Congress approved a resolution reducing the salary to the January 2007 level of 186,600 dollars.
The so-called emoluments clause of the Constitution was designed to prohibit lawmakers from reaping a financial windfall.
To allow members to serve, Congress has taken similar actions in the past, including over Richard Nixon’’s pick of William Saxbe for attorney general and Lloyd Bentsen to serve as Bill Clinton’’s Treasury Secretary.
But Tom Fitton, president of Judicial Watch, said Thursday that Congress action has never been tested in court, and he says his group is considering litigation in U.S. District Court for the District of Columbia to challenge her appointment. (ANI)

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