Hillary Clinton's appointment challenged in court

Hillary Clinton's appointment challenged in court
Lalit K Jha Washington, Jan 30 (PTI) Former first lady Hillary Clinton's appointment as US Secretary of State has been challenged by an American diplomat, who has filed a lawsuit terming it as "unconstitutional".The lawsuit has been filed yesterday by 'Judicial Watch' A Washington-based watchdog group on behalf of David C Rodearmel, a US diplomat working in the State Department.The lawsuit maintains that Clinton is constitutionally ineligible for the post and as such Rodearmel cannot be forced to serve under her, as it would violate the oath he took as a Foreign Service Officer in 1991, said a statement issued by the Judicial Watch.Under the "Emoluments" or "Ineligibility" clause of the US Constitution, the lawsuit argues that no member of Congress can be appointed to a civilian position within the US government if the "emoluments" of the position, such as the salary or benefits paid to whoever occupies the office, increased during the term for which the Senator or Representative was elected.The lawsuit argues that the "emoluments" of the Secretary of State increased three times during her term as the US Senator. That term, which began on January 4, 2007, does not expire until January 2013, regardless of Clinton's recent resignation.The Congress attempted to evade this clear constitutional prohibition with a so-called "Saxbe fix" last month, reducing the Secretary of State's salary to the level in effect on January 1, 2007, the lawsuit charged. PTI