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Constitution Says Hillary Clinton Not Eligible To Be Secretary of State
Written by JudicialWatch.org
Tuesday, 14 July 2009 06:55
Files New Motion in Lawsuit on Behalf of State Department Foreign Service Officer
Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that on July 2 it filed a motion with a special panel of three federal judges in the District of Columbia asking the court to declare Hillary Clinton ineligible to serve as Secretary of State. The Judicial Watch lawsuit, filed on behalf of a U.S. Foreign Service Officer and State Department employee David C. Rodearmel, maintains that the "emoluments clause" of the U.S. Constitution prohibits Mrs. Clinton from serving as Secretary of State until January 2013, 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 (Rodearmel v. Clinton, et al., (D. District of Columbia)).
Government lawyers had previously filed a motion to dismiss the lawsuit. Judicial Watch filed an opposition to the motion to dismiss, as well as a "cross motion for summary judgment."
According to Article I, Section 6 of the U.S. 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 encreased during such time." The text of the provision is an absolute prohibition and does not allow for any exceptions. However, as noted in the motion, "the 'compensation and other emoluments' of the office of the U.S. Secretary of State increased during Mrs. Clinton's tenure in the U.S. Senate, including as many as three times during the second, six-year term to which she was elected."
http://www.rightsidenews.com/200907145475/homeland-security/constitution-says-hillary-clinton-not-eligible-to-be-secretary-of-state.html