An interesting question posed by Pete Williams of NBC News. The Constitution bars members of Congress from taking executive positions if the position’s pay has increased during their term in Congress. Here’s the text:

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.

The Founding Fathers didn’t want Legislators to raise the pay for an executive position and then accept that position. Anyway, President Bush issued a January 2008 executive order raising the salary of the Secretary of State. Clinton’s term began in January 2007 and ends in January 2013. Therefore, the salary of SoS was raised during her term in the Senate.

This issue has arisen several times before, perhaps most notably in 1973 when Richard Nixon wanted to appoint Senator William Saxbe (R-OH) to the position of Attorney General. However, that executive position’s salary was increased during Saxbe’s term in the Senate. In order to allow Saxbe to be confirmed, Nixon pursuaded Congress to lower the position’s salary to the pre-raise level. The fix is now known as “Saxbe’s fix”.

That’s not to say that such a compromise would always work. Liberals, including Sen. Robert Byrd (D-WV) even then stated their objection to the move. The New York Times criticized the move and insisted that the Constitution didn’t allow for such last-minute fixes. Of course, that was against a Republican President and we’re now looking at Democratic President-elect Barack Obama. I’m sure they’ll work something out.