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 [read this as "salary"] 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, since Senator Clinton was in office when the salaries of cabinet members were increased (or "encreased" for that matter) can she now hold a cabinet post? The answer may lie at 118 ALR 182 originally published in 1939. Who says those old ALR articles aren't relevant? The answer? Go see for yourself. And does Atkins v. U. S., 556 F.2d 1028 (Ct.Cl.1977) certiorari denied 434 U.S. 1009, have anything to do with it? Even constitutional provisions are annotated.Stay tuned...
