Con Law Exam Question?

[James Maule]

Apparently this issue doesn't pop up all that often:

http://www.cnn.com/2008/POLITICS/12/04/clinton.eligible/index.html

Snippet from the article:

Clinton's nomination popular, but is it constitutional?

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Article 1, Section 6 of the Constitution says the following: "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."

Translation: A lawmaker cannot fill a position if the salary for that position has been raised during that lawmaker's term in office.

In January, President Bush signed an executive order increasing the salary for the secretary of state and other Cabinet positions by $4,700. Hillary Clinton has been in the Senate since January 2001.

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The article has some interesting historical information, most of which was new to me.

I wonder how much time is alloted to this issue in the typical Con Law course.

Jim Maule
Villanova University School of Law