Thread: Hillary Clinton Ineligible to Serve as Secretary of State

Judicial Watch Asks Court to Declare Hillary Clinton Constitutionally Ineligible to Serve as Secretary of State

Files New Motion in Lawsuit on Behalf of State Department Foreign Service Officer

Washington, DC -- July 8, 2009


Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that on July 2 it filed a motion with a special panel of three federal judges in the District of Columbia asking the court to declare Hillary Clinton ineligible to serve as Secretary of State. The Judicial Watch lawsuit, filed on behalf of a U.S. Foreign Service Officer and State Department employee David C. Rodearmel, maintains that the "emoluments clause" of the U.S. Constitution prohibits Mrs. Clinton from serving as Secretary of State until January 2013, and that Mr. Rodearmel cannot be forced to serve under the former U.S. Senator, as it would violate the oath he took as a Foreign Service Officer in 1991 to "support and defend" and "bear true faith and allegiance" to the Constitution of the United States (Rodearmel v. Clinton, et al., (D. District of Columbia)).

Government lawyers had previously filed a motion to dismiss the lawsuit. Judicial Watch filed an opposition to the motion to dismiss, as well as a "cross motion for summary judgment."

According to Article I, Section 6 of the U.S. Constitution: "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." The text of the provision is an absolute prohibition and does not allow for any exceptions. However, as noted in the motion, "the 'compensation and other emoluments' of the office of the U.S. Secretary of State increased during Mrs. Clinton's tenure in the U.S. Senate, including as many as three times during the second, six-year term to which she was elected."

Congress attempted to circumvent this constitutional provision by "rolling back" compensation for the position of Secretary of State to the level in effect on January 1, 2007, when Mrs. Clinton's second term in the Senate began. The motion maintains: "This [fix] does not and cannot change the historical fact that the 'compensation and other emoluments' of the office of the U.S. Secretary of State increased during Mrs. Clinton's tenure in the U.S. Senate." Judicial Watch also notes that throughout the nation's history, "the Ineligibility Clause was readily understood and applied consistent with its plain language." Only relatively recently have government officials attempted to get around this constitutional provision through legislative quick fixes.

"Congress must not be allowed to do an end run around the U.S. Constitution," said Judicial Watch President Tom Fitton. "Hillary Clinton is ineligible to serve as Secretary of State until 2013. The Constitution is crystal clear on this point. We hope the court puts a stop to this naked attempt to circumvent the Constitution in the name of political expediency."

http://www.judicialwatch.org/news/2009/ ... e-serve-se

Judicial Watch Files Lawsuit Challenging Hillary Clinton Appointment on Behalf of State Department Foreign Service Officer

Washington, DC -- January 29, 2009


Hillary Clinton Constitutionally Ineligible to Serve as Secretary of State
Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that it has filed a lawsuit against newly sworn-in Secretary of State Hillary Rodham Clinton on behalf of U.S. Foreign Service Officer and State Department employee David C. Rodearmel, (Rodearmel v. Clinton, et al., (D. District of Columbia)). The lawsuit maintains that Mrs. Clinton is constitutionally ineligible to serve as Secretary of State and that Mr. Rodearmel cannot be forced to serve under the former U.S. Senator, as it would violate the oath he took as a Foreign Service Officer in 1991 to "support and defend" and "bear true faith and allegiance" to the Constitution of the United States.

Under the "Emoluments" or "Ineligibility" clause of the U.S. Constitution, no member of Congress can be appointed to a civilian position within the U.S. government if the "emoluments" of the position, such as the salary or benefits paid to whoever occupies the office, increased during the term for which the Senator or Representative was elected.

Specifically, article I, section 6 of the U.S. Constitution provides, "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." The text of the provision is an absolute prohibition and does not allow for any exceptions.

According to Judicial Watch's lawsuit, the "emoluments" of the office of U.S. Secretary of State increased three times during Mrs. Clinton's most recent U.S. Senate term. That term, which began on January 4, 2007, does not expire until January 2013, regardless of Mrs. Clinton's recent resignation. The lawsuit notes that Congress attempted to evade this clear constitutional prohibition with a so-called "Saxbe fix" last month, reducing the Secretary of State's salary to the level in effect on January 1, 2007. This maneuver, first used in the Taft Administration, has been more frequently used in recent years by both parties, allowing notably Republican Senator William Saxbe to become U.S. Attorney General in 1973 and Democratic Senator Lloyd Bentsen to become Treasury Secretary in 1993. A similar "fix" has been enacted for Senator Ken Salazar to join the Obama Cabinet as Secretary of the Interior.

Judicial Watch's lawsuit, however, points out that the legislation "does not and cannot change the historical fact that the 'compensation and other emoluments' of the office of the U.S. Secretary of State increased during Defendant Clinton's tenure in the U.S. Senate . . . ." The U.S. District Court for the District of Columbia is required to give expedited consideration to the lawsuit.

"This historic legal challenge should remind politicians of both parties that the U.S. Constitution
is not to be trifled with," said Judicial Watch President Tom Fitton. "Mrs. Clinton is constitutionally ineligible to serve as the U.S. Secretary of State until at least 2013, when her second term in the U.S. Senate expires. We hope the courts will put a stop to these end runs around the Constitution and affirm the rule of law."

http://www.judicialwatch.org/news/2009/ ... e-serve-se

Originally Posted by carolinamtnwoman

We hope the courts will put a stop to these end runs around the Constitution and affirm the rule of law."

The "Blue Dog" Democrats (so named by the Democrat Reds) recognize the U.S. Constitution, but the the Red (Socialist/Marxist) factions in the Democratic Party do not recognize the U.S. Constitution as law.