Ineligibility Clause

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.

Text

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:

"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 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.

Interpretation

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.

Notable Cases

Several notable cases have involved the Ineligibility Clause. In 1909, the 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.

See also

• United States Constitution
• Separation of powers under the United States Constitution
• Emoluments Clause

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