|
tazzygirl -> RE: Hillary's eligibility challenged in Supreme Court (2/10/2010 2:37:42 PM)
|
And we come to the crux of the case...
quote:
A special three-judge panel of the U.S. District Court for the District of Columbia dismissed the case, concluding Rodearmel lacked standing.
But Judicial Watch has argued Rodearmel cannot be forced to serve under the former 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 U.S. Constitution.
"Our client's goal is to vindicate the U.S. Constitution," said Judicial Watch President Tom Fitton. "The Constitution clearly prohibits Hillary Clinton from serving as secretary of state until 2013. We hope the Supreme Court assumes jurisdiction over this matter and puts a stop to this attempt to do an end-run around the Constitution."
http://www.wnd.com/index.php?fa=PAGE.view&pageId=124614
Now, according to the Article cited...
quote:
Section 6.
The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place.
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: and no person holding any office under the United States, shall be a member of either House during his continuance in office.
http://topics.law.cornell.edu/constitution/articlei
A. The Ineligibility Clause and the
Appointment of Mrs. Clinton.
On January 21, 2009, Hillary Rodham Clinton
was sworn in as U.S. Secretary of State. Prior to this,
Mrs. Clinton served as a U.S. Senator from the State
of New York, re-elected to a second, six-year term in
November 2006. Her second term began in January
2007 and does not expire until January 2013. During
Mrs. Clinton’s second term in the U.S. Senate, the
compensation paid to the U.S. Secretary of State
increased three times by Executive Order: (i) by
Executive Order 13420, issued December 21, 2006, the
U.S. Secretary of State’s salary was increased to
$186,600, effective on or after January 1, 2007; (ii) by
Executive Order 13454, issued January 4, 2008, the
U.S. Secretary of State’s salary was increased to
$191,300, effective on or after January 1, 2008; and
(iii) by Executive Order 13483, issued on December 18,
2008, the U.S. Secretary of State’s salary was
increased to $196,700, effective on or after January 1,
2009.
http://www.judicialwatch.org/files/documents/2010/rodearmel-v-clinton-jurisdictionalstatement-01062010.pdf
And here i thought the Senate and House voted these increases. Clinton was running for President. I dont think she had it in mind to become Secretary of State. She didnt vote that office a pay raise. I dont see what the big deal is.
|
|
|
|
