Wednesday, December 3, 2008

Sec. of State Clinton and the Emoluments Clause

Eugene Volokh thinks the Emolument Clause of the US Constitution might bar Sen. Clinton's appointment as Sec. of State. Mickey Kaus notes the Clinton team has smugly dismissed the Emoluments Clause, and wonders what kind of diplomat she'll really make.

I feel like indulging in a little conspiracy theory today: How do we know President-Elect Obama (the Harvard law grad and former Constitutional law prof) wasn't aware of the Emoluments Clause when he offered Sen. Clinton the job? If he had remembered it, what would that mean?