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Eugene Volokh



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Is Clinton Appointment Constitutional?

Apparently there is a slight hitch in the appointment of Hillary Clinton as Secretary of State. It appears that she is disqualified by a little thing called the Constitution (via Eugene Volokh): Hillary Clinton and the Emoluments Clause: There’s been talk about whether Sen. Hillary Clinton is disqualified from a position as Secretary of State by the [...]

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It’s official: Clinton named secretary of state

We’ve yet to see if it’s legal. Recall what UCLA Law School Prof. Eugene Volokh said . From the Associated Press : Barack Obama promised "a new dawn of American leadership" in a troubled world Monday, announcing a strong-willed national security team headed by Hillary Rodham Clinton, who fought him long and bitterly for the presidency, and Robert Gates, the man who has been running two...

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Gratuitous Thanksgiving Holiday Travel Observation

... Kravitz.--INDC Bill"Yes, Llama Butchers."--Stephen Green"Where's Robbo?"--The Scottish Dwarf"?"--Eugene Volokh"Blogging Llamas. Does that seem right to you?"-- Jubal EarlyThe Daily FareSites we think are orgle-icious. Want to join in the Llama Luv? Want us to stay the hell away from you? Drop a line to Skippy the Llama Link-Master care of the Tasty Bits(TM) Mail Sack and we'll see...

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Obama to nominate Hillary as Secretary of State Monday despite Constitutional prohibition

... blogoshpere during the last couple of weeks. One of my favorite Constitutional scholars, Professor Eugene Volokh — the Gary T. Schwartz Professor of Law at UCLA School of Law, has written about Hillary and the Emoluments Clause. Professor Volokh concludes “it is beyond dispute that Senator Clinton is currently ineligible for appointment as secretary of State.” I agree. But...

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Obama to nominate Hillary as Secretary of State Monday despite Constitutional prohibition

... blogoshpere during the last couple of weeks. One of my favorite Constitutional scholars, Professor Eugene Volokh — the Gary T. Schwartz Professor of Law at UCLA School of Law, has written about Hillary and the Emoluments Clause. Professor Volokh concludes “it is beyond dispute that Senator Clinton is currently ineligible for appointment as secretary of State.” I agree. The...

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Cranberry sauce

... Kravitz.--INDC Bill"Yes, Llama Butchers."--Stephen Green"Where's Robbo?"--The Scottish Dwarf"?"--Eugene Volokh"Blogging Llamas. Does that seem right to you?"-- Jubal EarlyThe Daily FareSites we think are orgle-icious. Want to join in the Llama Luv? Want us to stay the hell away from you? Drop a line to Skippy the Llama Link-Master care of the Tasty Bits(TM) Mail Sack and we'll see...

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Obama to nominate Hillary as Secretary of State Monday despite Constitutional prohibition

... blogoshpere during the last couple of weeks. One of my favorite Constitutional scholars, Professor Eugene Volokh -- the Gary T. Schwartz Professor of Law at UCLA School of Law, has written about Hillary and the Emoluments Clause. Professor Volokh concludes "it is beyond dispute that Senator Clinton is currently ineligible for appointment as secretary of State." I agree.The...

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Couldn’t Help But Comment ….. (112908, Morning)

... the salary increase at State was meant to be only a cost-of-living adjustment (COLA), something Eugene Volokh mentioned in a previous post at his place , is helpful but not decisive. The key, in my opinion, is whether the COLA was or wasn’t greater than the actual cost of living during the period since the last increase. You could probably parse it down to metro DC cost of living...

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Is Secretary of State Clinton unconstitutional?

On questions of constitutional law, Professor Michael Stokes Paulsen has long since established himself as one of our foremost authorities, and perhaps the wittiest. Eugene Volokh has now posted Professor Paulsen's thoughts on the esoteric constitutional question raised by the prospective appointment of Senator Clinton to serve as Secretary of State. Professor Paulsen writes : Is Hillary...

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Is Hillary Clinton Unconstitutional?

Courtesy of Prof. Eugene Volokh of UCLA Law: "In a word, Yes -- or, to be more precise, a Secretary...( read more )

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Does the Constitution prevent Hillary Clinton from being appointed Secretary of State?

Due to the Constitution's often-forgotten Emoluments Clause, it may. Eugene Volokh explains here .

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Hillary Ineligible for Secretary of State?

Eugene Volokh at the Volokh Conspiracy makes a very cogent case that Hillary Clinton (and Senator Chuck Hagel for Defense Secretary) are not eligible for appointment under Article 1 Section 6 of the Constitution, the emoluments clause. The section prohibits the appointment of sitting legislators to a civil office with an increased salary during their current term. I don't know...

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Is the President-Elect blackmail-able over his birth certificate?

... some claim, in Kenya? Well, his mother was an American citizen, and as UCLA law prof and blogger Eugene Volokh explained to the Chicago Tribune , the applicable statutes about foreign birth with one U.S. citizen parent are on Obama’s side here.” With all due respect to Professor Franck (and that is plenty), there is more to this than perhaps a legal issue as to whether a child of...

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Hillary Clinton's Emoluments Problem

It turns out that the biggest obstacle to Hillary Clinton's march to Foggy Bottom might be grammatical in nature. Adam Bonin and Eugene Volokh weigh in on the debate over the application of the Emoluments Clause of the U.S. Constitution (Art. I, § 6, cl. 2), which provides : No Senator or Representative...

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Clinton's eligibility, IV

Eugene Volokh picks up on Hillary's eligibility problem . I don't have much to add to my previous posts on the subject ( here , here and here ; not for the first time, we were way ahead of the curve on this one, posting fully ten days before Volokh and Instapundit got in on the act). I'll add this much: I've seen it asserted that Clinton can escape by resigning, because the clause...