Sunday, November 30, 2008

The Ineligible Appointing the Ineligible

Despite mounting concern over his own eligibility to assume the United States Presidency, former Senator Barack H. Obama (D-IL) is expected to nominate an ineligible person to be Secretary of State.

Obama, who has yet to provide legal proof of native birth, resigned from the Senate in November amid questions and lawsuits charging that he lacks the necessary qualifications to become President. Compounding his troubles was the Constitutional requirement that he could not hold both Executive and Legislative office at the same time.

But experts say that the same Constitutional Section (Article I, Section 6) requiring him to step down also precludes the appointment of a sitting Senator to a Cabinet post during the Senate term in which the post has had its pay increased. If as expected he nominates Senator Hillary Clinton (D-NY), she would be unable to serve.

However others say that the Constitution may not be binding on the Obama Administration.

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1 comment:

KnightErrant said...

Looking back at history (I won't bore you with the details), it appears that resigning from the Senate prior to being nominated is sufficient under this clause.

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