“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 . . .” (Article I, Section 6, U.S. Constitution)
That pretty much precludes Senator Ken Salazar from serving in a cabinet post, doesn’t it? (Reports tonight say he will be Obama’s nominee for Interior.)
The time for which he was elected is from Noon, January 3, 2005 until Noon January 3, 2011.
The emoluments for cabinet positions were increased from $180,100 in 2005 to $191,300 in 2008.
I know. I know. This happened with a few nominees in the past and Congress cut the pay for the position and everybody looked the other way. BUT THAT IS NOT WHAT THE CONSTITUTION PLAINLY STATES. The emoluments have been increased!
I predict that as soon as an individual is harmed by a decision of the Salazar Interior Department they will have standing to challenge the result of the action based on his constitutional incapacity to serve. And someone will make that challenge.
(It precludes not only Senator Salazar but also Senator Clinton and any other senator elected in 2004 or 2006. It does not apply to any representatives because they’ve just been re-elected.)