Well, not exactly.
The Emolument Clause: (Article I, Section VI)
“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: and no person holding any office under the United States, shall be a member of either House during his continuance in office.”
Because there was a pay raise during Bush’s presidency, Hillary is ineligible for the position of Secretary of State. Though the cabinet pay was increased by executive order, her prescence in the senate at that time prevents her from ever taking any cabinet position. (Obama should know this, as he studied constitutional law at Harvard.)
Though this is unfair (she didn’t have a say in whether or not the pay increased), the constitution won’t let her in. Too bad.
Many people (including myself) are happy at the prospect of Hillary Clinton staying out of the cabinet. However, this situation has happened before and the constitution was either ignored or bent. Hillary Clinton will get her position.
And besides, if not Hillary, then another liberal. So why bother?
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