Smithsonian, Appointments Clause, and Incompatibility
jca at stanford.edu
Fri Apr 7 21:02:25 PDT 2006
At 10:00 PM 4/7/2006 -0400, J. Noble wrote
>I think the short answer is that "Each house shall be the judge of the ...
>qualifications of its own members," and there are Congressional precedents
>for exempting positions that are unpaid, or at least not paid out of funds
>appropriated by Congress.
The short answer to THAT is Powell v. McCormack, which held that
the "qualifications" are three, age, citizenship, and residence, and
Congress may not add to them.
Note also that Schlesinger v. Reservists held that an allegation
of violation of the Incompatibility Clause is a political question. It's
still either constitutional or not, but the courts will not be the ones to
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