Ineligibility Clause: Difference between revisions

Latest revision as of 04:34, 29 December 2024

The Ineligibility Clause is a provision in the United States Constitution that restricts members of Congress from being appointed to certain federal offices. This clause is found in Article I, Section 6, Clause 2 of the Constitution.

Text of the Clause[edit]

The Ineligibility Clause states:

"No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office."

Purpose[edit]

The purpose of the Ineligibility Clause is to maintain the separation of powers by preventing members of the legislative branch from being unduly influenced by the executive branch through the promise of appointments to lucrative or prestigious positions. It also prevents the executive branch from expanding its power by appointing sitting members of Congress to executive positions.

Historical Context[edit]

The framers of the Constitution included the Ineligibility Clause to address concerns about corruption and the potential for conflicts of interest. By prohibiting members of Congress from being appointed to offices that were created or had their salaries increased during their term, the clause aims to prevent legislators from creating positions for themselves or benefiting from their legislative actions.

Related Clauses[edit]

The Ineligibility Clause is related to other constitutional provisions that address the separation of powers and the eligibility of individuals to hold certain offices. These include the Emoluments Clause, which prohibits federal officeholders from receiving gifts or payments from foreign states, and the Qualifications Clause, which sets the eligibility requirements for members of Congress.

Notable Cases[edit]

Throughout history, there have been several instances where the Ineligibility Clause has been a point of contention. One notable case involved the appointment of Senator William B. Saxbe as United States Attorney General in 1973. To address the constitutional issue, Congress passed a resolution reducing the salary of the Attorney General to the level it was before Saxbe's term began, a maneuver known as the "Saxbe fix."

References[edit]

External Links[edit]

[Text of the United States Constitution](https://www.archives.gov/founding-docs/constitution)
[Federalist No. 76](https://www.congress.gov/resources/display/content/The+Federalist+Papers#TheFederalistPapers-76)

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-'''Ineligibility Clause''' is a provision in [[Article I of the United States Constitution]] that restricts members of the [[United States Congress]] from holding offices in the executive branch during their tenure in Congress. This clause is designed to maintain the [[separation of powers]] between the legislative and executive branches of the federal government.
+{{Infobox legal term
+| name = Ineligibility Clause
+| image = <!-- Image removed -->
+| caption = <!-- Caption removed -->
+| type = Legal term
+| legal_area = [[Constitutional law]]
+}}
-== Text ==
+The '''Ineligibility Clause''' is a provision in the [[United States Constitution]] that restricts members of [[Congress of the United States|Congress]] from being appointed to certain [[federal government of the United States|federal offices]]. This clause is found in [[Article One of the United States Constitution|Article I, Section 6, Clause 2]] of the Constitution.
-The Ineligibility Clause, also known as the '''Emoluments Clause''', is found in Section 6, Clause 2 of Article I. The text of the clause reads:
+== Text of the Clause ==
+The Ineligibility Clause states:
 "No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office."
 == Purpose ==
-The purpose of the Ineligibility Clause is to prevent the [[President of the United States|President]] from influencing members of Congress by offering them positions in the executive branch. This is intended to maintain the independence of the legislative branch and to prevent corruption and undue influence.
+The purpose of the Ineligibility Clause is to maintain the separation of powers by preventing members of the [[legislative branch]] from being unduly influenced by the [[executive branch]] through the promise of appointments to lucrative or prestigious positions. It also prevents the [[executive branch]] from expanding its power by appointing sitting members of Congress to executive positions.
-== Interpretation ==
+== Historical Context ==
-The interpretation of the Ineligibility Clause has been a subject of debate. Some legal scholars argue that the clause only applies to offices that were created or had their salaries increased during a member's term in Congress. Others believe that the clause applies to all executive branch offices, regardless of when they were created or their salaries were increased.
+The framers of the Constitution included the Ineligibility Clause to address concerns about corruption and the potential for conflicts of interest. By prohibiting members of Congress from being appointed to offices that were created or had their salaries increased during their term, the clause aims to prevent legislators from creating positions for themselves or benefiting from their legislative actions.
+== Related Clauses ==
+The Ineligibility Clause is related to other constitutional provisions that address the separation of powers and the eligibility of individuals to hold certain offices. These include the [[Emoluments Clause]], which prohibits federal officeholders from receiving gifts or payments from foreign states, and the [[Qualifications Clause]], which sets the eligibility requirements for members of Congress.
 == Notable Cases ==
-Several notable cases have involved the Ineligibility Clause. In 1909, the [[Supreme Court of the United States|Supreme Court]] ruled in the case of [[United States v. Myers]] that the clause did not apply to the postmaster general. In 1937, the Court ruled in the case of [[Ex parte Garland]] that the clause did not apply to pardons.
+Throughout history, there have been several instances where the Ineligibility Clause has been a point of contention. One notable case involved the appointment of [[Senator]] [[William B. Saxbe]] as [[United States Attorney General]] in 1973. To address the constitutional issue, Congress passed a resolution reducing the salary of the Attorney General to the level it was before Saxbe's term began, a maneuver known as the "Saxbe fix."
-== See also ==
+== See Also ==
+* [[Separation of powers]]
+* [[Checks and balances]]
+* [[Constitutional law of the United States]]
+== References ==
 * [[United States Constitution]]
-* [[Separation of powers under the United States Constitution]]
+* [[Federalist Papers]]
-* [[Emoluments Clause]]
+== External Links ==
+* [Text of the United States Constitution](https://www.archives.gov/founding-docs/constitution)
+* [Federalist No. 76](https://www.congress.gov/resources/display/content/The+Federalist+Papers#TheFederalistPapers-76)
+{{Constitution of the United States}}
-[[Category:United States Constitution]]
+[[Category:United States constitutional law]]
 [[Category:Separation of powers]]
-{{US Constitution}}
+[[Category:United States federal law]]
-{{US law-stub}}