Academic

Hillary Clinton and the Emoluments Clause: Even More

By Calvin Massey

   Since I last posted on this topic Eugene Volokh has posted two examinations of the issue, one that gives his views and the other that gives extended views of Michael Paulson.  I continue to think that the "Saxbe fix," by which the Secretary of State's compensation is rolled back to the level that existed when Senator Clinton's current term began, is a valid fix.  Of course, it runs afoul of the literal words of the Emoluments Clause only if you construe the term "encreased" [sic] to mean any increase at all, even if later rescinded, rather than an increase from which the Senator benefits.  Given the purpose of the Emoluments Clause, the latter ("net increase") meaning is preferable.  

Full post as published by The Faculty Lounge on November 30, 2008 (boomark / email).