Well it seems to be a week of disqualifications doesn’t it?  Having been out most of the day I’m just catching up on this story about there being a constitutional question as to whether Hillary Clinton is disqualified to be Secretary of State.

“What’s a little matter like the Constitution among friends? That’s a question a few legal eagles are asking as they note that Hillary Clinton can’t become Secretary of State thanks to something called the Emoluments Clause of the Constitution. Under that clause of Article I, a Member of Congress who has been in office while a pay raise was passed for a federal job may not then be appointed to the job at the higher salary. Mrs. Clinton was a Senator this January when President Bush passed an executive order increasing the Secretary of State’s pay to $191,300 from $186,600. As a legal matter, that should disqualify her.
In today’s Opinion Journal

Senate Democrats are hoping to finesse the problem with the so-called “Saxbe fix,” whereby the salary raise for Secretary of State would return to its previous level. Democrats point out this was used by Richard Nixon to make Ohio Senator William Saxbe Attorney General, and again for Lloyd Bentsen to become Treasury Secretary in the Clinton Administration.

The Founders wrote the Emoluments Clause to prevent Members from enriching themselves by setting up plum assignments and then maneuvering into the jobs. If Congress is able to ignore language expressly written to curtail its power, the clause is effectively a dead letter. As Ilya Shapiro of the Cato Institute points out, 10 Democratic Senators objected to the Saxbe fix in Mr. Bentsen’s case.”

This should prove to be a deal breaker if for no other reason than the fault of Democrats who have hammered Bush for eight years about “Constitutional Issues”.    Yet just as Nancy Pelosi has failed to properly deal with corruption within her ranks, after calling the same on the Republican side a “swamp” don’t hold your breath that they will do the right thing here.