Ineligibility Clause

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

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 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

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

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

• Separation of powers
• Checks and balances
• Constitutional law of the United States

References

• United States Constitution
• Federalist Papers

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)