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Courts sometimes thwart justice Sunday, 14th February 2010
In one, Hillary Clinton’s appointment as Secretary of State has been challenged on the basis that when she was a U.S. Senator, immediately prior to being appointed by President Obama as Secretary of State, the Senate increased the salary of that position three times. The U.S. Constitution, Article I, section 6, clause 2, provides: “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.” That language prohibits Mrs. Clinton from holding the office of Secretary of State, despite a “legislative fix” to roll back the compensation increase before she actually took office, according to a challenge by Judicial Watch, which disputed the appointment in the name of a State Department employee. The details of the complaint are less important than the reason for it being dismissed by the U.S. District Court for the District of Columbia. The Court concluded the State Department employee lacked legal standing to bring suit.