And, just as expected, the WSJ has rediscovered the Constitution:
What’s a little matter like the Constitution among friends? That’s a question a few legal eagles are asking as they note that Hillary Clinton can’t become Secretary of State thanks to something called the Emoluments Clause of the Constitution. Under that clause of Article I, a Member of Congress who has been in office while a pay raise was passed for a federal job may not then be appointed to the job at the higher salary. Mrs. Clinton was a Senator this January when President Bush passed an executive order increasing the Secretary of State’s pay to $191,300 from $186,600. As a legal matter, that should disqualify her.***
To our knowledge, Senator Clinton played no role in the salary raise, and she clearly had grander ambitions than Secretary of State when the law was signed. But while the issue will strike some as trivial, it is no small matter to ignore the Constitution’s direct words. Giving Mrs. Clinton a pay cut is a minimum gesture of deference required to the document that Mr. Obama will soon swear an oath to preserve, protect and defend.
Up next, the WSj rediscovers limited government. Personally, the matter is above my pay grade, but if the Saxbe fix has been used before, I assume it is fine. Having said that, someone could have a lot of fun reviewing the WSJ’s opinions on detainees and Gitmo and the like the past seven years.
In other legal related news, the SCOTUS will address the zombie birth certificate issue:
The U.S. Supreme Court will consider Friday whether to take up a lawsuit challenging President-elect Barack Obama’s U.S. citizenship, a continuation of a New Jersey case embraced by some opponents of Obama’s election.
The meeting of justices will coincide with a vigil by the filer’s supporters in Washington on the steps of the nation’s highest court.
The craziest thing about the birth certificate issue is that it is mostly pushed by the same folk who, for years, have believed in the Clinton death list and spread rumors that the Clinton family offed Vince Foster. In short, they think Bill and Hillary killed dozens of people, but don’t think they were ruthless enough to exploit the birth certificate issue during the primary. C’mon, conspiracy nuts! If there was a there there, wouldn’t the murderous Clinton clan have gone there?
*** Update ***
An excellent idea that would satisfy the WSJ editorial board:
Obama could simply declare Hillary to be an enemy combatant. That way the constitution won’t apply to her. Or he could issue a signing statement. If all else fails, he could ask John Yoo to write a memo.
I like it.