Byrd’s Office Explores Constitutionality of Sen. Clinton Serving as Secretary of State

(CNSNews.com) - The Senate’s senior member and staunchest constitutional advocate on the Democratic side of the aisle, Robert Byrd of West Virginia, is exploring whether Sen. Hillary Clinton (D-N.Y.) is eligible to become secretary of state in the Obama administration.

The question of eligibility arises from Article 1, Section 6 of the Constitution. It says that no member of Congress can be appointed to a civil office that benefited from a salary increase during the time that House or Senate member served. On Jan. 4, 2008, President Bush signed an executive order raising the salaries of cabinet secretaries from $186,600 to $191,300, a cost of living adjustment.

Constitutional scholars who spoke to CNSNews.com agreed this issue is a valid one in the confirmation process of Clinton, who President-elect Barack Obama announced Monday would be his nominee for secretary of state.