Democrats in Congress were Wednesday preparing to fix a constitutional quirk that a conservative legal group argues should bar Hillary Clinton from serving as secretary of state.
Theoretically, the constitutional language at issue apparently disqualifies the former first lady because the Senate voted to increase the secretary of state’s salary while she was serving in the chamber.
Judicial Watch, a watchdog group, is warning of a constitutional showdown over the New York senator’s appointment unless president-elect Obama nixes his choice to head the State Department.
Leading Democrats say there is plenty of precedent for fixing the situation, and dismiss fears the nomination could be at risk.
One solution would be for the Senate to simply vote to return the salary of the top US diplomat to its level before the previous Senate vote.
That solution has worked before — notably when senator Philander Knox was nominated as secretary of state by president William Taft in 1909 and most recently when president Bill Clinton made senator Lloyd Bentsen Treasury secretary.
The tactic became known as the “Saxbe” fix after president Richard Nixon used it to ease the nomination of senator William Saxbe as attorney general.
“There is precedent for how to address this issue and Congress will act if necessary,” said Brendan Daly, a spokesman for House of Representatives speaker Nancy Pelosi.
“Speaker Pelosi looks forward to working with Hillary Clinton as Secretary of State.”
Jim Manley, a spokesman for Democratic Majority leader Harry Reid, said the Senate was also ready to act if necessary.
“It is not the first time Congress has had to address the issue of one of its senators moving to a cabinet position,” Manley said.
“Based on the ample precedent that has been set, Senator Reid believes a resolution can be reached.”
The problematic language is contained in Article I, section six, of the US 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 increased during such time.”
Judicial Watch, which mounted a string of investigations into the Clintons during the 1990s, said the provision was included by US founding fathers to prevent corruption.
“There’s no getting around the Constitution’s Ineligibility Clause, so Hillary Clinton is prohibited from serving in the cabinet until at least 2013, when her current term expires,” 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.”
But Clinton’s Senate spokesman Philippe Reines said the existence of the clause was no surprise.
“Putting frivolous lawsuits by fringe groups aside, this issue has been resolved many times over the past century involving both Democratic and Republican appointments and we’re confident it will be here too.”
AFP
