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Washington, DC — December 2, 2008
Ineligibility Clause of Constitution Prohibits Clinton Appointment

Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that Senator Hillary Rodham Clinton is constitutionally ineligible to serve as Secretary of State in the Obama administration.

According to the Ineligibility Clause of the United States Constitution, no member of Congress can be appointed to an office that has benefited from a salary increase during the time that Senator or Representative served in Congress. A January 2008 Executive Order signed by President Bush during Hillary Clinton’s current Senate term increased the salary for Secretary of State, thereby rendering Senator Clinton ineligible for the position.

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 provision is seen by most as designed by our Founding Fathers to protect against corruption.

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