The Note
Washington's Original and Most Influential Tipsheet
Rick Klein is ABC News' Senior Political Reporter and author of The Note's morning look at the upcoming day in politics. Throughout the day, ABC News' political team contributes to The Note with the very latest news and analysis from the nation's capital.
To email Rick Klein, click here.
RECENT POSTS
- GOP Sen. Cornyn: ‘The Two Sonia Sotomayors’; Judge is ‘Steady but Confusing’
- They're Baaack -- New 'Harry and Louise' Ad Is for Health Care Reform
- Health care by August? YES WE CAN!
- Reid: DNC Ads Are "Waste of Money"
- CBO Sees No Net Federal Cost Savings in Dem Health Plans
- The Note: Pitches and Presses -- Obama Steps Up Pressure on Health Care
- The Note's Must-Reads for Thursday, July 16, 2009
- Growing Pains Among Senate Recruits?
- Does a Senator Have Some Splainin’ to Do?
- ‘Top Line’ at the Movies: David Rasche on ‘In the Loop’
THE NOTE CATEGORIES
- 2010
- Afghanistan
- Bill Clinton
- Congress
- Democratic party
- Environment
- Financial Reform
- GOP
- Gov. Mark Sanford
- Gov. Sarah Palin
- Guantanamo
- Health Care
- Hillary Clinton
- Iran
- Iraq
- John McCain
- Mitt Romney
- North Korea
- Obama Agenda
- Politics Live
- President Obama
- Republican Party
- Ronald Reagan
- Sen. John Ensign
- Senate
- Sonia Sotomayor
- Stimulus
- Supreme Court
- The Note
- The Note Must-Reads
- Top Line
- Vice President Biden
- Virginia
MONTHLY ARCHIVES
« Previous | Main | Next »
The Hillary Fix
December 04, 2008 12:24 PM
ABC News’ Rick Klein Reports: Democrats on Capitol Hill are working with the Obama transition office to quickly pass a special measure that will allow Sen. Hillary Rodham Clinton to become Secretary of State, despite an obscure constitutional provision that would appear to bar it, officials tell ABC News.
A Senate leadership aide said the special resolution to clear the way for Clinton could be passed without a roll-call vote as soon as next week, assuming no Republicans object. The measure will need to pass the House and Senate and be signed by President Bush.
At issue is the so-called “Emoluments Clause,” which was included in Article I, Section 6 of the Constitution in an apparent attempt to keep members of Congress from sweetening government sinecures that they could resign their seats to fill.
“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,” the clause reads.
(“Emoluments” means compensation. And the clause appears to apply even though, in this case, the “he” is actually a she.)
Clinton, D-N.Y., was elected in 2006 to a term that doesn’t expire until the end of 2012. The “Emoluments Clause” comes into play because the Secretary of State’s salary was increased in January, from $186,600 a year to $191,300 a year. As a senator, Clinton makes $169,300 a year.
Lawmakers plan to address this by passing what’s widely known as the “Saxbe Fix,” named for the arrangement whereby Congress set a lower salary for President Richard Nixon’s nominee for attorney general, William Saxbe.
The “fix” would set the secretary of state’s salary at the level that was in place when Clinton’s term started. It would cost Clinton $4,700 a year; as one person close to the transition process pointed out, that works out to $12.87 a day.
“This is simply a technical fix we must make so that Sen. Clinton can serve as our next Secretary of State,” said Jim Manley, a spokesman for Senate Majority Leader Harry Reid. “It is not the first time Congress has had to address the issue of one of its senators moving to a cabinet position, and we intend to address this as quickly as possible.”
Indeed, similar steps have been taken for at least 100 years. In 1908, that’s how Congress cleared the way for Sen. Philander Knox to become President William Howard Taft’s Secretary of State. Similar arrangements allowed then-senators Edmund Muskie and Lloyd Bentsen to join Cabinets as well.
But the maneuvering has caught the eye of many in the legal community, including some conservative bloggers who say the “Saxbe fix” is itself unconstitutional.
Some pointed out that President Ronald Reagan’s administration decided not to turn to Sen. Orrin Hatch, R-Utah, for a Supreme Court vacancy, in part because of potential obstacles raised by the “Emoluments Clause.”
Judicial Watch, a conservative watchdog group that has long tangled with the Clintons, issued a statement this week declaring Sen. Clinton to be flatly ineligible from serving in the Cabinet until at least 2013, when her current Senate term expires.
“There’s no getting around the Constitution’s Ineligibility Clause,” said Judicial Watch President Tom Fitton. “Barack Obama should select someone who is eligible for the position of Secretary of State and save the country from a constitutional battle over Hillary Clinton’s confirmation. No public official who has taken the oath to support and defend the Constitution should support this appointment. And aside from the constitutional issue, Hillary Clinton’s long track record of corruption makes her a terrible choice to serve as the nation’s top diplomat.”
But -- at least so far -- the “fix” appears to be on a glide path, with no lawmakers seeming inclined to wage a “constitutional battle.”
A Senate Republican leadership aide told ABC Thursday that no GOP senators are expected to object when the measure comes to the Senate floor, probably next week.
December 4, 2008 | Permalink | Share | User Comments (22)
You can follow this conversation by subscribing to the comment feed for this post.
So let her be she's taking a cut to do Obama's bidding.
Posted by: rachel | Dec 4, 2008 12:39:24 PM
The Republicans in Congress are not stupid. Could you imagine telling the public your objecting the president's cabinet pick over objections to Senator Clinton taking a *pay cut*? Using a fix named for the member of Nixon's cabinet? Arguing that it is unconstitutional to appoint Senate members to the cabinet? Think tanks that don't have to be elected can be that stupid, elected officials regardless of party - not so much.
Posted by: jhw539 | Dec 4, 2008 1:24:12 PM
Yeah - what the heck - it is only the constitution - I guess it does not make any difference that the way to amend the constituion is spelled out in the document. It is not that I don't want Clinton to serve, I do, but then why not change the document the proper way and ammend it?
Posted by: jamescbuilder | Dec 4, 2008 1:25:36 PM
Now, see if I get this. The Republicans made this "fix" yet they object to Hillary taking a pay cut under it's provisions? Are we out of Silly yet?
Posted by: NatFrankie | Dec 4, 2008 1:33:19 PM
So it begins, if the law doesn't suit obama, obama will change the law. This is only the beginning....
Posted by: dilligaf | Dec 4, 2008 2:16:12 PM
dilligaf: "So it begins, if the law doesn't suit obama, obama will change the law. "
Um, actually Congress will change the law. You know laws - the things Congress is Constitutionally empowered to make and change? Note that this is not a signing statement, nor the popular Republican administration method of just ignoring the law (FISA anyone?), nor a Constitutional amendment (changing a salary set by law to meet a Constitutional requirement is un-Constitutional... What?).
Posted by: jhw539 | Dec 4, 2008 2:30:38 PM
Leave it to one of the Clintons to come up against a constitutional provision in their quest for personal power. $12 bucks/day! Obama will get his way on this one.
Posted by: LongT | Dec 4, 2008 2:35:32 PM
I think that the literal interpretation by these so-called conservatives is intellectually dishonest on it''s face-
The Constitution literally says "he"
and no one could argue the Founding Fathers intended it to apply to a Woman.
So those that believe in a literal interpretation of the Constitution must interpret all of the language in that fashion- not just the little phrases that turn them on one day- they are worse that the activists judges I swear.
Now it if was a true cost of living increase it can very easily be interpreted as not an increase an the amolumnet at all- it does not say an increase in salary does it?
Of course they are just sniping for the heck of it-
Posted by: jsilver2th | Dec 4, 2008 2:47:54 PM
Still there is something wrong with being able to vacate an elected post for a politically motivated promotion. Besides for reasons of health, legal problems, or some other mitigating reason, elected officials should serve out what the voters elected them to do. But this is (surprise!) a Clinton. Change has come!
Posted by: LongT | Dec 4, 2008 2:54:48 PM
Oh thats right the president has absolutely no impact or influence on laws. It was the congress who picked Hillary, all the time knowing they could change the law. Obama didn’t have anything to do with it.
Posted by: dilligaf | Dec 4, 2008 3:01:40 PM
jamescbuilder : You're 100% right. We need to stop finding ways to skirt around the constitution when it's flawed and do things the right way. It shouldn't be that hard to reword it to accomplish what it was meant to do without ending up being a silly technicality.
Posted by: howwouldiknow | Dec 4, 2008 3:11:27 PM
even if this (absurdly, i admit) goes to the supreme court, the constitution says "he". with the "strict constructionists" on the court the law does not apply to Senator Clinton as the senator is not a "he." otherwise she can take the lower salary. if judicial watch takes it to court i hope they get slammed with court costs and frivilous filings. the courts are backlogged with serious cases. give it a rest.
Posted by: Paul Wall | Dec 4, 2008 3:32:35 PM
The precedent has been set....the law will be vacated to allow clinton to serve!
She will wreck havoc on foreign policy at State...Most in the World are already dubious at best. It is about trust, honor, and integrity---she has had a tortured relationship with all three for her whole adult life!!! Fired from her first job for honesty issues, then her years in Arkansas proved that she could not even run for Senate there!!!
Shameless...
Posted by: docb | Dec 4, 2008 5:50:24 PM
docb---as was the law vacated so many more times by Bush and Cheney? at least Senator Clinton doesn't deserve to be in the Hague.
Posted by: Paul Wall | Dec 4, 2008 6:57:29 PM
Right after the ghastly "selection" of 2000, and alerted to the constitutional fact that denies two cowboys from the same state to serve as Precedent and VICE, I wrote Sen. John Edwards and demanded he stop Cheney from serving as VICE. It was a valid request because the bushies had to go judge shopping in Texas and find a judge who rules cheeny was really from Wyoming. fact is Cheeny held a "homesteading tax exemption" from texas worth hundreds of thousands of dollars and was really and technically from Texass. Thus he had no right to be VEEP which I informed Sen.John Edwards of and personally tried to stop this tragedy named cheeny from despoiling this country as he has done. Sorry folks, but I tried and now you know the REST OF THE STORY....good day!!!!!
Posted by: daddyblue | Dec 4, 2008 6:57:56 PM
Everyone has ignored or trivially circumvented this stupidly worded part of this provision for over 100 years. And honored the meaningful part. It's certainly nobody's sense of justice that's trying to make a problem out of nothing. As a fan of peace and prosperity, I love the Clintons. The people who hate them are always so extreme, they seem like nut jobs. Slip in a bald faced lie, pepper with exclamation points and fold in a few pantloads of their own indignation and you get...the previous posting. Shameless indeed.
Posted by: Zef Cochrane | Dec 4, 2008 7:26:25 PM
I understand the intent behind the amendment in the Constitution - so that members of Congress increase the salary of a position they hoped to be appointed to... however, in this case, Hillary did not, at the time the increase was implemented, think she was going to be Secretary of State -she was still trying to be President.
Posted by: ellsbells930 | Dec 4, 2008 7:49:46 PM
howwouldiknow - it's fairly complicated to amend the Constitution. They can't just decide to reword it. Both the Senate and the House must propose the amendment by 2/3 majority (or 2/3 of the state legislatures must call for the US Congress to do so). Then, 3/4 of the States' legislatures must ratify it in a reasonable time (currently set at 7 years). So it is not something that could be done quickly and definitely not in time for Clinton to take office. Therefore, the easiest solution is to decrease the Salary for the position to what it was before the raise.
Posted by: ellsbells930 | Dec 4, 2008 7:56:57 PM
So this is CHANGE??????? Bringing back an administration that was DIRECTLY responsible for the mess we are currently in....
AND NOW!!!!!! For the past 8 years, Commiecrats have been screeching that Pres. Bush violates the Consitituion..WELL WHAT SAY YOU NOW?????????????????????
2012 cannot get here soon enough.
Posted by: GOP2012 | Dec 4, 2008 9:42:58 PM
No problem.. just issue an Executive Order Signing Agreement, like President Cheney did a couple hundred times.
Posted by: Steve from Danville | Dec 4, 2008 10:45:42 PM
Post a comment
POLITICAL VIDEOS
THE NOTE BLOG ROLL
- ABC News -- George Stephanopoulos
- ABC News -- Jake Tapper
- ABC News Politics
- ABC News -- The Blotter
- The American Prospect -- TAPPED
- The Atlantic -- Politics Channel
- The Boston Globe -- Political Intelligence
- Center for American Progress -- Think Progress
- Center for Responsive Politics
- The Chicago Sun-Times -- Lynn Sweet
- The Chicago Tribune -- The Swamp
- Drudge Report
- FactCheck.org
- FiveThirtyEight
- Heritage Foundation -- The Foundry
- The Hill -- Briefing Room
- The Hotline
- The Huffington Post
- The Los Angeles Times -- Top of the Ticket
- NPR -- Political Junkie
- National Review -- The Corner
- The New Republic -- The Plank
- The New York Times -- The Caucus
- Political Wire -- Taegan Goddard
- Politicker
- Politico -- Ben Smith
- Politico -- Mike Allen’s Playbook
- PolitiFact
- Real Clear Politics
- Talking Points Memo
- Time -- The Page
- USA Today -- On Politics
- Variety -- Wilshire & Washington
- The Wall Street Journal -- Capital Journal
- The Washington Post -- The Fix
- The Washington Post -- 44
