Her Unconstitutionality?

Many bloggers are intrigued by the possibility that Hillary Clinton is forbidden, under Article I, Section 6 of the Constitution, from taking the job as Secretary of State. Marc Ambinder sums it up:

Essentially, you cannot take a job if the salary was increased during your current congressional term. And the salary for cabinet officials has gone up in the past year.

Not that the Clintons have ever let the Constitution stand in their way before, but Ed Morrissey points out:

Still, the intent of the founders is clear, and not something to shrug off so lightly. They wanted to keep Congress from creating cushy sinecures for them to occupy when a friendly President took office. The attraction of power, cash, and cronyism would lead to corruption and a permanent political class that would cease answering to the electorate.

We are well past the point where constitutional restraints have any real meaning. On the one hand, the Supreme Court looks at the Constitution and sees things — “penumbras and emanations” and the “sweet mystery of life” — that aren’t there. On the other hand, the limits of the enumerated powers are ignored and the 10th Amendment eviscerated by the very existence of the massive establishment in Washington. If the Constitution had any real power, the Department of Education would not exist.

The Constitution now means whatever the fashionable professors say it means. Perjury and obstruction of justice cannot be “high crimes and misdemeanors,” the professors assured us during the Lewinsky scandal. I’m sure the Clinton Foundation can make a few research grants and buy off enough law professors to legitimize whatever it is that Hillary wants. The dictatorship of the professoriate!

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