Hillary's appointment challenged in Court--as it should be!
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Posted By: Marta Fernandez on January 30, 2009 Judicial Watch Files Lawsuit Challenging Hillary Clinton Appointment on Behalf of State Department Foreign Service Officer Contact: Press Office 202-646-5188 Washington, DC -- January 29, 2009 Hillary Clinton Constitutionally Ineligible to Serve as Secretary of State Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that it has filed a lawsuit against newly sworn-in Secretary of State Hillary Rodham Clinton on behalf of U.S. Foreign Service Officer and State Department employee David C. Rodearmel, (Rodearmel v. Clinton, et al., (D. District of Columbia)). The lawsuit maintains that Mrs. Clinton is constitutionally ineligible to serve as Secretary of State and that Mr. Rodearmel cannot be forced to serve under the former U.S. 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 Constitution of the United States. Under the "Emoluments" or "Ineligibility" clause of the U.S. Constitution, no member of Congress can be appointed to a civilian position within the U.S. government if the "emoluments" of the position, such as the salary or benefits paid to whoever occupies the office, increased during the term for which the Senator or Representative was elected. 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 text of the provision is an absolute prohibition and does not allow for any exceptions. According to Judicial Watch's lawsuit, the "emoluments" of the office of U.S. Secretary of State increased three times during Mrs. Clinton's most recent U.S. Senate term. That term, which began on January 4, 2007, does not expire until January 2013, regardless of Mrs. Clinton's recent resignation. The lawsuit notes that Congress attempted to evade this clear constitutional prohibition with a so-called "Saxbe fix" last month, reducing the Secretary of State's salary to the level in effect on January 1, 2007. This maneuver, first used in the Taft Administration, has been more frequently used in recent years by both parties, allowing notably Republican Senator William Saxbe to become U.S. Attorney General in 1973 and Democratic Senator Lloyd Bentsen to become Treasury Secretary in 1993. A similar "fix" has been enacted for Senator Ken Salazar to join the Obama Cabinet as Secretary of the Interior. Judicial Watch's lawsuit, however, points out that the legislation "does not and cannot change the historical fact that the 'compensation and other emoluments' of the office of the U.S. Secretary of State increased during Defendant Clinton's tenure in the U.S. Senate . . . ." The U.S. District Court for the District of Columbia is required to give expedited consideration to the lawsuit. "This historic legal challenge should remind politicians of both parties that the U.S. Constitution is not to be trifled with," said Judicial Watch President Tom Fitton. "Mrs. Clinton is constitutionally ineligible to serve as the U.S. Secretary of State until at least 2013, when her second term in the U.S. Senate expires. We hope the courts will put a stop to these end runs around the Constitution and affirm the rule of law." Related Documents Statement by Plaintiff David C. Rodearmel and Background Information Complaint for Declaratory and Injunctive Relief Our lives begin to end the day we become silent about things that matter. -Dr. Martin Luther King, Jr. If you enjoyed this article, Join HBCU CONNECT today for similar content and opportunities via email! |
Comments
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Gregory V. Boulware, Esq.
/* Assistant Managing Director at Managing Director's Office, City of Philadelphia "Hear, Hear!" I also agree with the letigation!!! It keeps us all on our toes!!! "FOR THE PEOPLE, BY THE PEOPLE, and OF THE PEOPLE!" Greg. gvb1210me@yahoo.com http://www.BoulwareEnterprises.com "What About The Wall Street Bonusus..from and paid for by THE AMERICAN PEOPLE?" */ Saturday, January 31st 2009 at 12:09PM |
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Gregory V. Boulware, Esq.
/* Assistant Managing Director at Managing Director's Office, City of Philadelphia Sorry for the type-o, "LITIGATION!" Greg. */ Saturday, January 31st 2009 at 12:11PM |
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And robert, just for you I will second that , "STUCK ON STUPID" phrase of Rev. J. W.(smile)
Thursday, April 10th 2014 at 6:47PM |
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