World Video | Defence | Foreign Affairs | Natural Events | Trade | NZ in World News | NZ National News Video | NZ Regional News | Search

 

Why The Law Forbids Hillary Taking Her New Job

Why The Law Forbids Hillary From Taking Her New Job

LawFuel - The Law Jobs and News Wire Two US legal academics say Hillary Clinton is unable to take the position as Secretary of State because of emoluments clauses. The clause bars senators from taking any U.S. civil office during their terms if it was created or its “emoluments” were increased during that time.

President Bush issued an executive order earlier this year that increased the Secretary of State's salary.

University of St. Thomas law professor Michael Stokes Paulsen wrote on the blog that the language of the clause would appear to bar Clinton’s appointment “if the Constitution is taken seriously".

And law review author on the subject, John O’Connor, said they don’t think the problem can be fixed by a subsequent salary cut. Despite their views, Lloyd Bentsen served as treasury secretary and William Saxbe served as attorney general under a pay cut that became known as the Saxbe fix.

O’Connor says he doubts that a court would confer standing on anyone challenging Clinton, “so this is probably all just an academic exercise.” And Paulsen notes one possible “out-there argument”: The clause applies to any senator or representative "during the time for which he was elected." Perhaps female senators are exempt from the clause, he writes.


ENDS

© Scoop Media

 
 
 
 
 
World Headlines

 

Werewolf: Gordon Campbell On North Korea, Neo-Nazism, And Milo

With a bit of luck the planet won’t be devastated by nuclear war in the next few days. US President Donald Trump will have begun to fixate on some other way to gratify his self-esteem – maybe by invading Venezuela or starting a war with Iran. More>>

Victory Declared: New Stabilisation Funding From NZ As Mosul Is Retaken

New Zealand has congratulated the Iraqi government on the successful liberation of Mosul from ISIS after a long and hard-fought campaign. More>>

Gordon Campbell: On The Current US Moves Against North Korea

If Martians visited early last week, they’d probably be scratching their heads as to why North Korea was being treated as a potential trigger for global conflict... More>>

ALSO:

Gordon Campbell: On The Lessons From Corbyn’s Campaign

Leaving partisan politics aside – and ignoring Jeremy Corbyn’s sensational election campaign for a moment – it has to be said that Britain is now really up shit creek... More>>

ALSO:

Another US Court: Fourth Circuit Rules Muslim Ban Discriminatory

ACLU: Step by step, point by point, the court laid out what has been clear from the start: The president promised to ban Muslims from the United States, and his executive orders are an attempt to do just that. More>>

ALSO: