Monday, December 8, 2008

Emoluments update

Posted By on 12.08.08 at 12:25 PM

Regarding the emoluments challenge to the constitutionality of Hillary's appointment as SecState--which, unlike the just-rejected challenge to the constitutionality of Obama's presidency, is actually legitimate, at least as far as the law goes--I'd be remiss not to mention Lawrence Tribe's argument. He seems to have the cleverest argument/dodge, basically saying that since the COLA statute that demands the SecState pay increase was instituted before she was in office, the position's pay was not "encreased" this year. This may be preferable to declaring it a political question (translation: "whatever"), but YMMV.

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