Rodearmel v. Clinton

You knew someone was going to file a lawsuit. There are people who believe that Clinton is ineligible to serve as Secretary of State because during her tenure in the Senate the salary for the U.S. Secretary of State was increased multiple times. David C. Rodearmel argues that the language of the Emoluments Clause is absolute. It reads as follows:

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; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.

So, yeah, if the pay has been increased it looks like she is ineligible. Enter the Saxbe Fix. Congress will just reduce the salary and all is forgiven. Problem solved. Used by both sides, the Saxbe Fix has become an effective work-around for those trying to appoint members of Congress to positions they would otherwise be ineligible for (thanks to the Emoluments Clause). But I digress because I'm not here to talk about whether or not reducing the salary satisfies the ineligibility clause. If Rodearmel wants to look at the language as absolute, I say we do that, particularly this part:

"No Senator or Representative, shall during the time for which he was elected..."

And I want to throw my support behind Prof. Paulsen's theory that Clinton has a shot at finagling her way through this pickle by arguing the Emoluments Clause does not apply to female U.S. Senators. Go Hillary!