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   Clinton's nomination popular, but is it constitutional?

NEWS INFORMATION

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Parent

News Date

12/4/2008 1:10 pm

Author

Media

CNN

Category

News

Database Record

Entered 12/4/2008, Updated 12/4/2008

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WASHINGTON (CNN) -- Polls show that Americans overwhelmingly approve of Sen. Hillary Clinton as secretary of state, but will the founding fathers veto this popular addition to Barack Obama's "team of rivals"? Yes, according to one conservative interpretation of the Constitution. Article 1, Section 6 of the Constitution says the following: "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 increased during such time." Translation: A lawmaker cannot fill a position if the salary for that position has been raised during that lawmaker's term in office. In January, President Bush signed an executive order increasing the salary for the secretary of state and other Cabinet positions by $4,700. Hillary Clinton has been in the Senate since January 2001.


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