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The Supreme Court refused to hear arguments that Hillary Rodham Clinton is ineligible to be secretary of state because of the emoluments clause in the U.S. Constitution.

On behalf of a State Department employee David Rodearmel, the Judicial Watch filed a lawsuit against Secretary of State Clinton citing the emoluments clause of the U.S. Constitution Article I, Section 9, Clause 8. The clause basically states that no member of Congress can be appointed to a government post if the new job salary was increased during the lawmaker’s current term.

The lawsuit argues that Rodearmel would violate the oath he took as a foreign service officer in 1991 to “support and defend” and “bear true faith and allegiance” to the Constitution by working for Secretary of State Hillary Clinton. Judicial Watch, the public interest group that investigates and prosecutes government corruption, also argue that Clinton is constitutionally ineligible to serve as Secretary of State until 2013, when her second Senate term would have expired.

Clinton was serving her second term as New York senator when Congress raised the salary of former Secretary of State Condoleezza Rice to $191,300. So not to violate the emoluments clause, Congress lowered Clinton’s salary to $186,600 – her old salary when she was serving in the New York Senate. This process has been used so that several other members of Congress from both parties could serve in the Cabinet. Texas Sen. Lloyd Bentsen became President Clinton’s treasury Secretary in 1993 and Ohio Sen. William Saxbe was named President Nixon’s attorney general in 1974.

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